What legislation would I introduce?

[bigtex]

I frequently post on what legislators are doing in Olympia in terms of introducing bills. But what bills do I think should be passed? Here are some, regarding natural resources.

Boating:
In WA it is a misdemeanor (thus a mandatory court date) for someone to operate a jet ski without attaching the lanyard cutoff switch, operate the jet ski during the dark, and someone under 14 to operate a jet ski. Because these offenses are misdemeanors they require a mandatory court date, do you think a prosecutor is going to prosecute someone for these offenses and take up a court date? Of course not, thus these offenses at the misdemeanor level are unenforceable. Decriminalizing them to a natural resource infraction will allow them to be ticket able offenses.

Specialized Forest Products:
In WA it is a gross misdemeanor for someone to harvest huckleberries with a rake or mechanical device. Again, it is a mandatory court date, thus making it basically unenforceable.  Decriminalizing it to a natural resource infraction will allow it to be a ticket able offense.

Campfires:
I’ve already made a thread about this one. In WA there are three different laws covering unattended campfires. One pertains to the entire state and is a misdemeanor. Another simply pertains to State Park lands and is a misdemeanor. The other simply pertains to DNR lands and is a natural resource infractions. The misdemeanor offenses require mandatory court dates, and as above, are unenforceable. By repealing the State Parks and DNR laws we would now have one uniform law. I also suggest decriminalizing the offense to make it enforceable. We already have a law on the books if a fire escapes from the campfire area.

ORV/Snowmobile/Boating Enforcement:
Federal land management agency law enforcement personnel have federal authority to enforce state boating, ORV, snowmobile, and fish/wildlife laws through federal courts nationwide while in their jurisdiction. Basically meaning you are going to federal court for violating state law. Each county in WA has at least one district court, compared to 6 federal courts statewide. WA (like many other states) allows these officers to use state courts for violations of state fish and wildlife laws. However currently there is no statewide mechanism to allow these officers to use state courts for violations of state ORV, boating, and snowmobile laws. Sheriffs can deputize federal officers, but this typically just pertains to the local officer, and these officers travel statewide. By creating a law for ORV, snowmobile, and boating enforcement similar to fish and wildlife, these officers could then use the local county district court system for processing these violations.

[ICEMAN]

Unfortunately in my opinion; enforceable and appropriate are not synonymous.

I want harsher penalties for many of the violations you posted above.

I want jackazzes who violate these existing restrictions to get prosecuted and lose rights, lose money and serve community service.

If the mandatory court date is the problem, than we need to make those convicted pay for the actual cost of their prosecution. Maybe this would deter a few violations, and encourage additional prosecutions.

[Gobble Doc]

Only new laws that are critical.  We don't have the resources to enforce many of the laws that we already have. 

[sakoshooter]

This whole country is turning into a lawless society compared to years past simply from lack of enforcement in my opinion. All we worry about these days are serious crimes it seems. Because of this small crimes are not enforced and many folks don't even pay attention to them any more. Traffic is a perfect example. There seems to be "0" accountability these days. With the way kids are being raised today, it's only going to get worse. We certainly don't want to write anyone a ticket, it might offend them or they might call and make a complaint.

[Special T]

I'm all for fixing bad laws that some jackwagon at the state got passed that is either unenforceable OR bad law. I think those are good suggestions BigTex under most circumstances.

There is one underlying problem that is only going to get worse in the years to come. We can only punish those with something to lose with a Civil or natural resource infraction. As i see it we are at a real cross roads in enforcement. The "Illusion" of Leo's to supply safety and control is gone. We won't spend the $ to prosecute or house offenders so that only leaves fines. Our county won't do much to petty criminals because they can't house them, A common problem... Most of the time these petty criminals are broke, Illegal Immigrants, Have no assets, And/or know that they can get away with most petty crimes.

Until we address this issue of how to deal with those who the system cannot seem to punish or reform, then these laws are only being enforced on the portion of the population that are not habitual law breakers.

[bigtex]

I'm all for fixing bad laws that some jackwagon at the state got passed that is either unenforceable OR bad law. I think those are good suggestions BigTex under most circumstances.

There is one underlying problem that is only going to get worse in the years to come. We can only punish those with something to lose with a Civil or natural resource infraction. As i see it we are at a real cross roads in enforcement. The "Illusion" of Leo's to supply safety and control is gone. We won't spend the $ to prosecute or house offenders so that only leaves fines. Our county won't do much to petty criminals because they can't house them, A common problem... Most of the time these petty criminals are broke, Illegal Immigrants, Have no assets, And/or know that they can get away with most petty crimes.

Until we address this issue of how to deal with those who the system cannot seem to punish or reform, then these laws are only being enforced on the portion of the population that are not habitual law breakers.

You bring up a good point.

There are so many laws that are good laws, have good intentions, but the penalty makes them unenforceable under our current system here in WA. Now that every single misdemeanor and gross misdemeanor requires a court date it really makes it a judgment game for officers, especially in natural resource laws since 2 years ago the majority of natural resource crimes didn't require a court date.

Do you as the officer tell the guy you may get a court date in the next 2 years? Since the prosecutor has 1 year to file misdemeanor charges, and 2 years for gross misdemeanor charges. Or do you just let him off with a warning?
The statewide campfire violation in 2012 was a $185 criminal citation, it's now a mandatory court date. There is no prosecutor in this state that is going to bring someone in on a mandatory court date because he didn't put out his fire.

So now comes to the question of should we decriminalize the offense so officer can write infraction citations. Officers and courts lose some abilities when crimes are decriminalized. Officers can no longer arrest for the violation, if the defendant fights the ticket the judge cannot impose a higher fine although they could with criminal bail forfeitures when they were still in place, a warrant cannot be issued for those who fail to pay an infraction unlike criminal offenses, and now that all crimes require a mandatory court date the judge/prosecutor can look at the individuals past criminal history to impose a sentence whereas with infractions the fine is set. An interesting thing with natural resource infractions is an officer can check an individual for warrants, with non-natural resource infractions an officer cannot do so. There is a provision of state law that says you can charge someone with a misdemeanor who fails to pay an infraction, but who knows when that offense was actually used.

There are prosecutors out there that literally tell agencies we will not enforce XYZ laws. King County doesn't do any marijuana cases unless you are basically a trafficker, even underage marijuana wont be prosecuted. Snohomish County wont prosecute minors for marijuana between the ages of 18-20. Snohomish County doesn't prosecute the crime of "unlawful transit conduct" unless another crime was being committed in conjunction with it.

The way I look at it is this. Even if a using a rake on a huckleberry bush or not wearing the jet ski lanyard was prosecuted would a judge or prosecutor seek a high fine or even jail for that offense? Of course not. So why keep it at that level where we can’t even enforce it? Make it an infraction and officers can actually enforce it. WDFW Officers are complaining so much about the amount of good, solid cases not having charges filed with them right now, even though 15 fish and wildlife offenses were decriminalized in 2012. It is a bad feeling as an officer when you forward a case report to the prosecutor knowing no charges would be filed even though 2 years ago you could’ve cited the guy…

[bigtex]

This whole country is turning into a lawless society compared to years past simply from lack of enforcement in my opinion. All we worry about these days are serious crimes it seems. Because of this small crimes are not enforced and many folks don't even pay attention to them any more. Traffic is a perfect example. There seems to be "0" accountability these days. With the way kids are being raised today, it's only going to get worse. We certainly don't want to write anyone a ticket, it might offend them or they might call and make a complaint.

I agree.

So many agencies are worried about bad publicity because you may cite a well connected person or write too many tickets, or get a complaint that they are handcuffing their personnel

Seattle PD has basically told their officers that outside of those assigned to traffic/DUI squads to no longer pull people over and write citations. With all the bad publicity lately they don't want the potential for more.

State Parks was, and always has been the "weak" state LE agency. Outside of a select few Parks the agency doesn't want LE Rangers to do LE and write citations. I actually know a LE Ranger who worked in a park where LE by the Rangers was "allowed" and he actually got in trouble for writing too many tickets. Not too many petty/small tickets, but too many tickets in general. State Parks would rather pay the sheriff's office or WDFW to come into the park and write tickets, then they do having their own personnel do so. And it's a reason why several LE Rangers have transferred to WDFW and the Liquor Control Board the last several years, at least with those agencies you can do LE.

[Special T]

I think i need to re state my concern differently. BigTex, Even IF we
move to make these citations in stead of misdemeanors will it change  the actions of habitual offenders? I think not. Many of these habitual offenders do so because they know of the lax prosecution, and even if they are prosecuted the time in jail is low. I'm not referring to just Natural resource infraction either. Conversations with Leo's i know  tell me that they seem the same bad guys over and over, and it is the 10%+- that cause all the problems. Since these people are known and little seems to be effective in changing their actions with the current methods. The end result is Normal law abiding people are frustrated and discouraged while "professional" bad guys that ignore all law run rough-shot.

I can tell you that I have a hard time getting behind these smaller infractions in the natural resource area, when it would appear that even the WDFW leadership is less interested in dealing with  perpetual bad guys. "Operation Cody" being proof of this.

"Attitude is a reflection of leadership" If the powers that be are not taking care of the bad guys, how can if feel good about supporting them? Why should I keep faith in a system that clearly does not work?   I KNOW there are LOTS of hard working LEO's that do their best in this imperfect system. Unfortunately LEO's Putting in 110% does not affect prosecutors or the judicial system.

[dis_pat_]

Boating--The boating law you list should just be eliminated entirely.  The mandatory lifejacket law should also be eliminated.  They are both phony pretext laws.  You ever notice how every crappy little dry land county in Eastern WA has a humongous twin engine, top-of-the-line, good old local boy "Law Enforcement" welded aluminum boat?  They're out there in their $200k LEO boats ticketing some guy on opening day anchored 20' offshore in his 12' aluminum.  Bunk tickets.

Campfires--The laws you list should be eliminated entirely and rules changed to allow campfires anywhere there is burnable fuel should be made by the Forest Service, BLM, DNR, etc...  Sure, have no campfires when there really is high danger, not just because it's 4th of July and some district manager is "worried".  Since the preservationists have locked so much timber land out of production, we need more wilderness fires.  Preferrably controllled burns.  Better would be to remove Wilderness designation, starting with Wild Sky.  Then remove National Park status from the Olympics and change it to a huntable Wilderness area.

ORV/Snowmobile--Really don't care about the snowmobiles.  For the most part the places they operate don't have ungulates wintering.  No jurisdiction on this for Feds, state only. 

[fireweed]

This whole country is turning into a lawless society compared to years past simply from lack of enforcement in my opinion. All we worry about these days are serious crimes it seems. Because of this small crimes are not enforced and many folks don't even pay attention to them any more. Traffic is a perfect example. There seems to be "0" accountability these days. With the way kids are being raised today, it's only going to get worse. We certainly don't want to write anyone a ticket, it might offend them or they might call and make a complaint.

I agree.

So many agencies are worried about bad publicity because you may cite a well connected person or write too many tickets, or get a complaint that they are handcuffing their personnel

Seattle PD has basically told their officers that outside of those assigned to traffic/DUI squads to no longer pull people over and write citations. With all the bad publicity lately they don't want the potential for more.

State Parks was, and always has been the "weak" state LE agency. Outside of a select few Parks the agency doesn't want LE Rangers to do LE and write citations. I actually know a LE Ranger who worked in a park where LE by the Rangers was "allowed" and he actually got in trouble for writing too many tickets. Not too many petty/small tickets, but too many tickets in general. State Parks would rather pay the sheriff's office or WDFW to come into the park and write tickets, then they do having their own personnel do so. And it's a reason why several LE Rangers have transferred to WDFW and the Liquor Control Board the last several years, at least with those agencies you can do LE.

If that is the case, then why don't the parks save money and get rid of Parks LEO all together.  Sounds like they are LEO in name only.  Didn't they propose cutting Parks law enforcement totally as an cost saving idea?

[bigtex]

Boating--The boating law you list should just be eliminated entirely.  The mandatory lifejacket law should also be eliminated.  They are both phony pretext laws.  You ever notice how every crappy little dry land county in Eastern WA has a humongous twin engine, top-of-the-line, good old local boy "Law Enforcement" welded aluminum boat?  They're out there in their $200k LEO boats ticketing some guy on opening day anchored 20' offshore in his 12' aluminum.  Bunk tickets.

ORV/Snowmobile--Really don't care about the snowmobiles.  For the most part the places they operate don't have ungulates wintering.  No jurisdiction on this for Feds, state only.

Well there's a problem with your boating statement. An officer doesn't need probable cause to contact a boater, if you are boating an officer can contact you for a boating safety inspection at anytime, so these aren't pretext laws. Also, these laws are federal laws which are adopted into state laws, as are most boating laws in WA.

Now I actually do agree with you in regards to some of the police and sheriff's departments and their marine units. These boating programs are funded by State Parks and the US Coast Guard which provides funding to Parks to give to PD's and SO's. This is a national program. The funding is to be used for boating safety, not fish and wildlife or anything else. The reason for having those officers is simply boating safety. The large majority of these agencies do not need a dedicated marine unit. It is ridiculous to me that Kent PD does a boat patrol of Lake Meridian just about everyday in the summer. Black Diamond PD does the same for Lake Sawyer. It is a waste of state and USCG money.

ORV/Snowmobile/Boating- As I said, the feds already have the authority to enforce these laws under their federal jurisdiction. However even if a fed cites you for violating state law you are charged with a federal misdemeanor and go through the federal system. In comparison if the federal officer used a state court you would face a traffic infraction and go to the local county court. Which is worse, a federal misdemeanor or a state traffic infraction? Also, there are county courts in all counties, and 6 federal courts statewide. If you're cited federally and want to fight it or get it reduced, be prepared to drive.

[bigtex]

This whole country is turning into a lawless society compared to years past simply from lack of enforcement in my opinion. All we worry about these days are serious crimes it seems. Because of this small crimes are not enforced and many folks don't even pay attention to them any more. Traffic is a perfect example. There seems to be "0" accountability these days. With the way kids are being raised today, it's only going to get worse. We certainly don't want to write anyone a ticket, it might offend them or they might call and make a complaint.

State Parks was, and always has been the "weak" state LE agency. Outside of a select few Parks the agency doesn't want LE Rangers to do LE and write citations. I actually know a LE Ranger who worked in a park where LE by the Rangers was "allowed" and he actually got in trouble for writing too many tickets. Not too many petty/small tickets, but too many tickets in general. State Parks would rather pay the sheriff's office or WDFW to come into the park and write tickets, then they do having their own personnel do so. And it's a reason why several LE Rangers have transferred to WDFW and the Liquor Control Board the last several years, at least with those agencies you can do LE.

If that is the case, then why don't the parks save money and get rid of Parks LEO all together.  Sounds like they are LEO in name only.  Didn't they propose cutting Parks law enforcement totally as an cost saving idea?

There has never been a proposal to totally eliminate Parks LE. There was a proposal to merge all WDFW, Parks, and DNR LE into one agency but you would still have different divisions. As a result of Parks budgets cuts something like two-thirds of Parks LE went from fulltime year round, to seasonal positions, that is all that has changed.

State law gives Parks LE the authority to enforce all laws within Parks, the problem is the mentality of the agency in Olympia, they don't want the friendly Ranger giving someone a citation. They would rather have WDFW, WSP, or an SO do it. Now who do you think costs more to fund, WDFW/WSP/SO or a LE Ranger? Of course the LE Ranger is cheaper. So to totally eliminate Parks LE and contract another agency would cost a lot. Would needs to happen is a mentality change in terms of LE at Parks in Olympia. From what I have heard, things are changing slowly, but they still are not pro-LE.

[bowbuild]

Specialized Forest Products:
In WA it is a gross misdemeanor for someone to harvest huckleberries with a rake or mechanical device. Again, it is a mandatory court date, thus making it basically unenforceable.  Decriminalizing it to a natural resource infraction will allow it to be a ticket able offense.


Does this mean you can only hand pick?? I have seen hand rakes at stores and was going to purchase one to pick with...that's illegal?....talk about petty laws! Gross misdemeanor?? We worried the bears won't get their share, or what? Next it will be mushrooms, then dirt left on your rig when you leave a area...where does it stop?  Guess I am a rebel, I don't think we need more laws, we have plenty....heck, obviously there are SOOOOO many laws that you even have to keep up with berry picking, and how you do it! Rediculious!

Bowbuild

[bigtex]

Specialized Forest Products:
In WA it is a gross misdemeanor for someone to harvest huckleberries with a rake or mechanical device. Again, it is a mandatory court date, thus making it basically unenforceable.  Decriminalizing it to a natural resource infraction will allow it to be a ticket able offense.

Does this mean you can only hand pick?? I have seen hand rakes at stores and was going to purchase one to pick with...that's illegal?....talk about petty laws! Gross misdemeanor?? We worried the bears won't get their share, or what?

Correct, hand picking only. The reasoning for the law is that the rakes/mechanical devices damage the bushes. Currently all forest products violations are gross misdemeanors, except for one which is a Class C Felony.

[bowbuild]

Can't say I agree with any of it, but appriciate the answer....may have kept me from a gross misdemeanor. I really had NO clue, and to think of a charge like that on my record for berry picking is obsurd....you have to keep a lawyer in the truck with you to look up trivial laws like these.

To compare the crimes listed here to berry picking is outrageous..

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.96.060