First anti-ORV legislation of the year


133 replies to this topic
  • tod701

Posted 14 January 2009 - 09:09 AM

#21

SB5129 was just assigned to the Senate Transportation Committee.

Here are the email addys:

Haugen.marymargaret@leg.wa.gov, (chairman)
Marr.chris@leg.wa.gov
Swecker.dan@leg.wa.gov,
Becker.randi@leg.wa.gov
Benton.don@leg.wa.gov,
Berkey.jean@leg.wa.gov,
delvin.jerome@leg.wa.gov,
Eide.tracey@leg.wa.gov,
Jacobsen.ken@leg.wa.gov, (bill sponsor)
jarrett.fred@leg.wa.gov,
kastama.jim@leg.wa.gov
kauffman.claudia@leg.wa.gov,
kilmer.derek@leg.wa.gov,
king.curtis@leg.wa.gov
ranker.kevin@leg.wa.gov
Sheldon.timothy@leg.wa.gov (bigtime ORV supporter)

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  • hondatom

Posted 14 January 2009 - 09:24 AM

#22

SJMC_DON said:

As I read that, that is a PERMIT... separate from and in addition to, our tabs and registration ???? It's a proposed $18 PERMIT... not a tax but a PERMIT.

Am I wrong?

There is no difference between a tax and a permit. when money comes out of your pocket and goes into the govt. pocket, IT IS A TAX...and we all pay too many taxes..this land is owned by you and me, it does not belong to the govt. don't let those greedy politicians forget that.

  • glasseye

Posted 14 January 2009 - 09:37 AM

#23

Slackkinhard said:

How does fixing a big-a*s plate to my machine help anybody?  I'm still trying to understand that. :thumbsup:

Well in Minnesota, we used to have to afix plates that had our DNR sticker and number on them. After years of complaining about lost plates, needing duplicate stickers, and the fact that there is no good place to mount a plate on an offroad bike, the DNR finally changed it so we only need to affix the small stickers to the side of the bike, such as on the fork tubes.

These things go in circles, your guys are attempting to take it a step backwards.

  • tod701

Posted 14 January 2009 - 09:44 AM

#24

glasseye said:

These things go in circles, your guys are attempting to take it a step backwards.

No backward steps here. They want us banned and when they can't do they, they do anything they can to mess with us. For some of them its all about hate.

  • Slackkinhard

Posted 14 January 2009 - 10:10 AM

#25

tod701 said:

...For some of them its all about hate.

Hmmm, I wonder if in addition to pointing out our valid claims for public land use equality...we should compile a video/still pic album of "hate" statements and/or activity by these types.  They have no problem producing media that can be perceived to be intentional abuse by ORV folk...yet we don't fight fire with fire?

Just wondering, I figure there must be something out there?  I wonder if TT or somebody would be able to collect and organize user input?

  • brad333

Posted 14 January 2009 - 10:28 AM

#26

just wanted to add my .02 about the shamefull things some "greenies" have done on our legal trails...they cut branches that are slightly off parallel with the trail into sharp spear like objects. i have hit these numerous times and thankfully had full gear on and was not impailed. i don't know how to prove who it was, but these kind of actions seem illegal. i know i am not the only one that has seen or experienced this. hope this helps in some way.

  • Slackkinhard

Posted 14 January 2009 - 10:43 AM

#27

brad333 said:

just wanted to add my .02 about the shamefull things some "greenies" have done on our legal trails...they cut branches that are slightly off parallel with the trail into sharp spear like objects. i have hit these numerous times and thankfully had full gear on and was not impailed. i don't know how to prove who it was, but these kind of actions seem illegal. i know i am not the only one that has seen or experienced this. hope this helps in some way.

I hit one of these 'spears' out at Mad River this summer. Tore my new pants and put me on the ground hard.  There was NO WAY this stick naturally carved itself to a point and located itself on a blind switchback. Maybe I'll spend a weekend "hiking" and paying attention, hopefully get a pic or two, post the pics and draw the battlelines.  Mad River area has plenty of greenie fanatics...shouldn't be hard to catch them up to no good.

  • chuck4788

Posted 14 January 2009 - 10:45 AM

#28

So 5129 changes the ORV decal to a 4x7 size, but I didn't see anything about how it is to be displayed.  I will assume the worse and speculate on the the rear like a license plate.  Is this WA version of the ID and AZ plate for ORVs?

5128 is more drastic:
Added to RCW46.09.120 (2)
(:thumbsup: Operate any nonhighway vehicle on lands not owned by the
14 operator or owner of the nonhighway vehicle in any area that has not
15 been authorized for nonhighway vehicle use in such a manner so as to
16 unreasonably expose the underlying soil; create an erosion condition;
17 or injure, damage, or destroy trees, growing crops, or other
18 vegetation.


How do ya all feel now?

Suggest you start witing letters.


And then this new bit added to the end:
6 (2)(a) A nonhighway vehicle under operation during a violation of
7 RCW 46.09.120(2)(:moon: is subject to seizure and forfeiture and no
8 property right exists in it.
9 (:p A nonhighway vehicle may be seized by any law enforcement
10 officer of this state upon process issued by any court having
11 jurisdiction over the property. Whenever any law enforcement officer
12 authorized to enforce this chapter has probable cause to believe that
13 a person is operating any nonhighway vehicle in violation of RCW
14 46.09.120(1)(g), the officer may seize the nonhighway vehicle without
15 process.
16 © Proceedings for forfeiture shall be deemed commenced by the
17 seizure. The law enforcement agency under whose authority the seizure
18 was made shall cause notice to be served within fifteen days following
19 the seizure on the owner of the property seized and the person in
20 charge thereof and any person having any known right or interest
21 therein, including any community property interest, of the seizure and
22 intended forfeiture of the seized property. The notice of seizure may
23 be served by any method authorized by law or court rule including but
24 not limited to service by certified mail with return receipt requested.
25 Service by mail shall be deemed complete upon mailing within the
26 fifteen-day period following the seizure.
27 (d) If no person notifies the seizing law enforcement agency in
28 writing of the person's claim of ownership or right to possession of
29 items specified in (a) of this subsection within forty-five days of the
30 seizure, the item seized shall be deemed forfeited.
31 (e) If a person notifies the seizing law enforcement agency in
32 writing of the person's claim of ownership or right to possession of
33 the seized property within forty-five days of the seizure, the law
34 enforcement agency shall give the person or persons a reasonable
35 opportunity to be heard as to the claim or right. The hearing shall be
36 before the chief law enforcement officer of the seizing agency or the
37 chief law enforcement officer's designee, except where the seizing
38 agency is a state agency as defined in RCW 34.12.020(4), the hearing
SB 5128 p. 8
1 shall be before the chief law enforcement officer of the seizing agency
2 or an administrative law judge appointed under chapter 34.12 RCW,
3 except that any person asserting a claim or right may remove the matter
4 to a court of competent jurisdiction. Removal may only be accomplished
5 according to the rules of civil procedure. The person seeking removal
6 of the matter must serve process against the state, county, political
7 subdivision, or municipality that operates the seizing agency, and any
8 other party of interest, in accordance with RCW 4.28.080 or 4.92.020,
9 within forty-five days after the person seeking removal has notified
10 the seizing law enforcement agency of the person's claim of ownership
11 or right to possession. The court to which the matter is to be removed
12 shall be the district court when the aggregate value of the property is
13 within the jurisdictional limit set forth in RCW 3.66.020. A hearing
14 before the seizing agency and any appeal therefrom shall be under Title
15 34 RCW. In a court hearing between two or more claimants to the
16 property involved, the prevailing party shall be entitled to a judgment
17 for costs and reasonable attorneys' fees. The burden of producing
18 evidence shall be upon the person claiming to be the lawful owner or
19 the person claiming to have the lawful right to possession of the
20 property. The seizing law enforcement agency shall promptly return the
21 property to the claimant upon a determination by the administrative law
22 judge or court that the claimant is the present lawful owner or is
23 lawfully entitled to possession of the property.
24 (f) When property is forfeited under this chapter, the seizing law
25 enforcement agency may:
26 (i) Retain it for official use or upon application by any law
27 enforcement agency of this state release such property to such agency
28 for the exclusive use for law enforcement purposes; or
29 (ii) Sell the property and use moneys received exclusively for the
30 expansion and improvement of law enforcement activity. Money retained
31 under this section may not be used to supplant preexisting funding
32 sources.
33

  • TGSMITHYZ250

Posted 14 January 2009 - 10:45 AM

#29

we are going about this all wrong. talking to your representative is great and its doing something. what the ohv community (not just dirtbikes, trail trucks, rock cralwers. ect. ect.) needs is a national club, (like the NRA) every state has its own clubs and things like that but nothing national. we need to group together and speak as one, that is the only way to stop the grenies, is to stand up and say no! you will not take the lands we do more to clean up and protech than the greines. and we need to do this unanimously!

  • Brokein2

Posted 14 January 2009 - 10:46 AM

#30

Thanks for the heads up Tod.  Every one of us needs to take the time and write these folks a heartfelt letter.

If we do end up back in Olympia again at a rally - for gods sake, you should park someplace legal so that when the rally is done you don't have to pay $250 to get your truck out of a towing yard.  Don't ask how I know...:thumbsup:

  • scubasteve

Posted 14 January 2009 - 10:56 AM

#31

We must rally!!

  • Slackkinhard

Posted 14 January 2009 - 11:16 AM

#32

chuck4788 said:

...How do ya all feel now?


Like a criminal....

Hope they have enough enforcement money to feed and house all of us. :thumbsup:

  • tod701

Posted 14 January 2009 - 12:50 PM

#33

scubasteve said:

We must rally!!

:p Noon 13-March-2009:ride:

Posted Image

On the capitol steps :thumbsup:

  • ccontrol

Posted 14 January 2009 - 12:58 PM

#34

TGSMITHYZ250 said:

we are going about this all wrong. talking to your representative is great and its doing something. what the ohv community (not just dirtbikes, trail trucks, rock cralwers. ect. ect.) needs is a national club, (like the NRA) every state has its own clubs and things like that but nothing national. we need to group together and speak as one, that is the only way to stop the grenies, is to stand up and say no! you will not take the lands we do more to clean up and protech than the greines. and we need to do this unanimously!

Doesn't the Blue Ribbon Coalition sorta cover the national arena?
http://www.sharetrails.org/

Not sure they are aware of this yet.

  • Angliagasser

Posted 14 January 2009 - 01:25 PM

#35

Here is what Sen. Dan Swecker just emailed me.

As for SB 5128, yes this bill is similar to a bill which was proposed last year, which I am not in support of. As you may know, this bill was just read into the Senate Committee on Natural Resources, Ocean and Recreations which is a committee that I sit on. If you would like, you are more that welcome to come and speak about your position on this bill, when it is scheduled for a public hearing.
You can locate any information regarding SB 5128 on the Legislative website at the this provided link, http://apps.leg.wa.g...=5128&year=2009

  • tod701

Posted 14 January 2009 - 01:30 PM

#36

ccontrol said:

Doesn't the Blue Ribbon Coalition sorta cover the national arena?
http://www.sharetrails.org/

Not sure they are aware of this yet.

I sent them an email - hopefully the know.

FWIW - its now on the AMA radar screen.

  • unkle_george

Posted 14 January 2009 - 01:33 PM

#37

Letter sent
What happens in Washington doesn't stay in washington


A message that you sent could not be delivered to one or more of its recipients. This is a permanent error. The following address(es) failed:
Sheldon.tim@leg.wa.gov


My letter bounced, this address isn't right.

  • tod701

Posted 14 January 2009 - 01:58 PM

#38

unkle_george said:

Letter sent
What happens in Washington doesn't stay in washington


A message that you sent could not be delivered to one or more of its recipients. This is a permanent error. The following address(es) failed:
Sheldon.tim@leg.wa.gov


My letter bounced, this address isn't right.

Sorry - my fault.:thumbsup:

sheldon.timothy@leg.wa.gov

  • unkle_george

Posted 14 January 2009 - 02:12 PM

#39

Thanks Tod, It was listed wrong on his own website too.
I forwarded the bounce along to the administrative people on his page.
I looked over his voting record, he's very much on our side. The Sierra club gave him a D.  :thumbsup:

  • tod701

Posted 14 January 2009 - 02:21 PM

#40

unkle_george said:

Thanks Tod, It was listed wrong on his own website too.
I forwarded the bounce along to the administrative people on his page.
I looked over his voting record, he's very much on our side. The Sierra club gave him a D.  :p

.tim work last year, but .timothy this year, who woulda guessed.

Senator Sheldon is our best Democrat buddy in the State Senate :thumbsup:




 
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