Washington State Legislation Takes on Drones

Washington is joining many other states in the fight over unmanned aerial vehicles. As the public grows more concerned over their possible use, state reps are responding by creating legislation to deal with the potential privacy violations that could ensue.

HB 1771, was introduced earlier this month by Representative David Taylor. It has 19 co-sponsors, including both democrats and republicans. The intention of the bill is to protect Washington citizens from warrantless surveillance, reduce liability, and create clear standards under which unmanned aerial vehicles may be utilized by various agencies.

The bill not only speaks to the procurement of drones, but also deals with the kind of information that will be collected, and what can be done with it. “All operations of a public unmanned aircraft system or disclosure of personal information about any person acquired through the operation of a public unmanned aircraft system shall be conducted in such a way as to minimize the collection and disclosure of personal information not authorized under this chapter.”
It goes on to list personal information as including a broad spectrum of things, such as anything that describes, locates or indexes anything about a person (licenses, identification numbers, tax returns, intellectual property etc.), and anything that affords a basis for inferring personal characteristics ( registration and membership in organizations, finger and voice prints, etc.)

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Action Alert: Help Nullify NDAA “Indefinite Detention” in Washington State

Washington’s HB 1581 – The Preservation of Liberty Act – stopping NDAA indefinite detention, is up for an important hearing in Olympia this week.

Your help is needed to get this bill passed!

ACTION STEPS

1. Please CALL and EMAIL all members of the House Public Safety Committee. Urge them – strongly but politely – to PASS HB 1581 so that it can go to the full House for a vote.

It’s a good step to make calls over the holiday as well. Leave a message so their offices know first thing the next morning that a large number of people support HB1581. In your voicemail, make sure to ask that they call you back so that you can speak to the representative or staff directly.

Roger Goodman, chair   (360)786-7878    roger.goodman@leg.wa.gov
(Please thank Roger for giving this bill a hearing!)
Mary Helen Roberts, vice chair    (360)786-7950    maryhelen.roberts@leg.wa.gov
Brad Klippert    (360) 786-7882    brad.klippert@leg.wa.gov
Dave Hayes    (360)786-7914    dave.hayes@leg.wa.gov
Sherry Appleton    (360)786-7934    sherry.appleton@leg.wa.gov

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Moving Back Toward Level

Indefinite detention. Loss of due process. Unwarranted surveillance by unmanned aerial vehicles. Regulation of fire arms. Registration of fire arms. Full out banning of certain kinds of fire arms. State sanctioned molestation/unwarranted search and seizure by the TSA. Forced participation in a government run health care scheme. Federal regulation of raw milk and plants produced and sold in state.

The above are just a few of the issues making headlines across the country. Those with even an inkling of what the Bill of Rights is actually meant to protect, have to be shaking their heads every time they turn on the t.v. or browse the Internet. It does indeed seem that more than ever before, our constitutionally protected rights are under attack. Is this a conspiracy by the federal government? Or perhaps they have fallen victim to the same old story; motivation by greed. And, for some of them, doing things they naively think will keep people safe, though history has proven otherwise. Whichever way you look at it, our government has some serious problems, and all of those problems lead to the inevitable destruction of our rule of law.

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Washington State Considers Firearms Freedom Act

Last week, Washington legislators added their voices to those of representatives in other states  reaffirming the constitutional protections against federal interference with the right to bear arms.

The Washington Firearms Freedom Act of 2013, HB 1371, introduced by representative David Taylor, rests on  the authority of the Second, Ninth and Tenth amendments to the United States Constitution, and Article I, section 24 of the Washington state Constitution. The guaranty of said rights and powers being  “A matter of contract between the state and people of Washington and the United States as of the time that the compact with the United States was agreed upon and adopted by Washington and the United States in 1889.”

The bill speaks clearly to the fact that private firearms, accessories, etc. that are either commercially or privately manufactured in the state of Washington and do not leave it’s boundaries, cannot be subject to regulation by Congress under the interstate commerce clause, since by definition interstate commerce applies to trade between states. It goes on to assert that “the authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition made in Washington from those materials. Firearms accessories that are imported into Washington from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Washington.”

The bill has teeth, making it a felony for agents of the United States government to attempt to enforce rules or regulations upon the aforementioned, state bound arms. This is punishable by up to five years years, and a possible 10,000 fine – or both.

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Washington State Takes on the NDAA

Washington state legislators on both sides of the aisle, defended both the U.S. and Washington State Constitutions this week, when they condemned the unlawful indefinite detention provisions in the 2012 National Defense Authorization Act.

The Washington Preservation of Liberty Act, HB 1581, was introduced by Jason Overstreet, and co-sponsored by Matt Shea, along with 10 other republican legislators and 9 democrats.

The bill includes significant background information on the NDAA, including how the president’s signing statement, and comments made on the senate floor, have only served to confirm, that in fact, it’s intent is to allow for the detention of citizens and legal resident aliens, without due process, and that this authority is given to the president to use at his discretion. It clearly lists the multitude of violations, both of the U.S. and Washington State Constitutions.

“Indefinite detention means that due process is dead,” said representative Shea, “State Legislators must defend against federal overreach. It is our duty. The oath we take in accordance with Article VI of the U.S. Constitution requires nothing less.”

The bill intends in part;

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The Washington State Freedom of Travel Act

Washingtonians, like people in states around the country, are growing weary of the constant abuse of their liberties by the TSA. New legislation wasn introduced in the Washington State House this week regarding the freedom to travel without being subject to what the bill calls “an offense of official oppression by a public servant.”

HB 1454, introduced by representative Jason Overstreet, considers official oppression to cover the subjection of another person to mistreatment, arrest, or seizure that he/she knows is illegal; the intentional denial or impediment of another person’s powers and rights that he/she knows is illegal; and intentionally subjecting another person to harassment or sexual harassment.

“The conversation concerning the unconscionable and unconstitutional ‘grope and feel’ policies of the federal government in airport, bus, and train station security checkpoints around the country, is long overdue,” Overstreet said.  “It is unacceptable to allow ourselves, our sons, daughters and grandparents to be physically violated, in return for the opportunity to travel freely. Your elected officials swore oaths to protect you from unwarranted search and seizure–it’s time for them to step up to the plate and act.”

The act contains a list of various offenses committed without probable cause, such as the touching of sexual organs, the removal of minors from parents/guardians, intentionally causing offensive or provocative physical situations, all of which would fall under the “determination of whether to grant another person access to a public accessible venue or form of transportation, ” as well as harassment, coercion, intimidation, and threats to deny or condition access for the other person because of their refusal to comply with the above horrors.

HB 1454 makes an offense of official oppression by a public servant, a class C felony. It was introduced on January 28th, and has been sent to the Public Safety committee for a hearing.

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Will Montana Stand Up to the Feds on Everything?

Representative Bill Harris has introduced a bill in Montana that would assert state control over the implementation of federal programs.

H.B. 145, Revise the Montana Federal Mandates Accountability Act,  proposes to be more constitutionally stringent on the interpretation of federal law, and affirms the responsibility of the state to consider the well-being of its citizens in doing so.

“The intent of the legislature is to ensure the primacy of the state of Montana’s legal and political authority to constitutionally implement in and for Montana the policy mandated by federal statutes and to vigorously challenge and scrutinize the extent and scope of authority asserted by federal executive branch agencies when federal agency actions and interpretations are inconsistent with the United States constitution and Montana policy and exceed the constitutional authority of the federal government or are not required by constitutional federal law.”

The bill opens the door for state nullification of all unconstitutional federal acts.

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Wyoming Legislators Take on the NDAA

Wyoming state representative Kendell Kroeker, along with reps Hunt and Miller, and Senator Case, are introducing a bill that declares the indefinite detention provisions of the 2012 NDAA to be unconstitutional, prohibiting enforcement of the federal act.

H.B. 0114 – The Liberty Preservation Act – is currently up for consideration in the Wyoming legislature, and could be heard later this week. It declares the above sections of the NDAA to be “inimical to the liberty, security and well being of the people of Wyoming” and further states that they were “adopted by the United States congress in violation of the limits of federal power in the United States Constitution.”

The bill not only cites the various constitutional violations of the NDAA, but makes it a criminal misdemeanor for state employees and public officers to participate in trying to implement the aforementioned provisions. This would be a bold step for Wyoming. If passed, they could possibly be the first state to make participation with the feds in kidnapping people under the NDAA a criminal act.

Representative Kroeker affirms that it comes down to the basics of his role as a legislator.

“The oath that I take is pretty simple; to uphold the United States Constitution, and the Wyoming Constitution. The provisions of the NDAA are a direct violation, and we have an obligation to push back against it.”

Several other states, including Washington and Texas, have similar legislation coming up this session. Sources close to the Tenth Amendment Center tell us to expect at least 12 states doing the same in 2013.

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Washington I-502; A Chance to Take Some Power Back

On November 6th, Washington State Initiative 502 will appear on your ballot as the following:

“This measure would license and regulate marijuana production, distribution, and possession for persons over twenty-one; remove state-law criminal and civil penalties for activities that it authorizes; tax marijuana sales; and earmark marijuana-related revenues. “

I have read some fairly compelling arguments against I-502, from people who support legalization.

First of all, there is the 25% tax. Yikes. That’s a lot of tax. Even so, you would be able to buy a small amount of marijuana, legally. That’s not happening anywhere else, folks. Nobody’s forcing you to pay the tax, it’s just part of the package of a legal purchase in Washington State. You could choose to opt out of marijuana altogether.

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