Editor for NoNAISWA Needed

I need someone to step up to the plate if you feel this blog is useful. I am wearing a few to many hats right now and have an obligation to spend time with the Lord, my family and even get a NAIS breather.

If you are interested please email: nonaiswa(at)gmail.com.

Thanks.

Celeste

Comments Due NOW on WSDA Proposals

Today is the best day to submit you opposition to the *new* Washington State Deptartment of Agriculture’s (WSDA) proposals which are published in the Washington State Register. They were first published January 22, 2007. We had 20 days for viable comments. There will be a hearing in March but comments not submitted today will likely not be taken into consideration.

Preserve your right to OPPOSE.

Please visit the WSDA Trap Door Spider post for the process.

If you have any questions you can e-mail me at: elisheva@w-link.net. I do have a Spam filter but will get the message if you put something noticible in the subject line.

These proposals include the fines you will pay for breaking many of the WAC’s which WSDA is also currently proposing to change.

The WSDA Trap Door Spider

When I was young I used to look for trap door spiders. For those unfamiliar with them they are spiders who live underground. The dig a tunnel and coat it with a silky substance and make this unique camouflage trap door by mixing the silk with earth. Finding a trap door spider is a bit of work but with a little determination it can be done. It appears as if Washington State Department of Agriculture (WSDA) is imitating the trap door spider.

The Process of Back Door Agency Regulation

There is a whole system of regulation behind the scene where nobody knows except those that the agency wants “in the know”. Here is how it works!

· An agency can change the WAC’s (those are the “how to” regulations) by publishing for 20 days in the State Registry. The State Registry is a place that all proposed regulations are published for public comment. It is kind of like the Legislative newspaper.

· The public has 20 days to comment. You can write, e-mail or fax your comments to the address noted in each proposal.

· You can favor or oppose.

· The agency then has a hearing. Usually the public does not know about the hearing unless you are for the agencies proposal.

· The Agency will respond to comments, especially ones noted For the Record.

· Soon after the hearing the WAC(s) are amended (changed). This can be the day after the hearing.

How can I know what is going on?

• Once a week go to the Washington State Register and see what has been posted. The link is below.

• Go to: http://www1.leg.wa.gov/documents/wsr/2007/07+WSR+Index+A.htm (if it doesn’t work cut and paste)

• Scroll down until you see what agency or topic interests you. For instance:

• Animal Industry:

• disease reporting PROP 07-03-123

• disposal of dead livestock PROP 07-03-172

• importation of animals PROP 07-03-173

• livestock inspection and identification PROP 07-03-124

• Next click on the blue Proposition (PROP) above (it is a sequence of three sets of numbers). Read the Proposition carefully.

Now what?

• · To retain your ‘right to oppose’ create a Memorial of (either Opposition or Favor):

• State your name and contact information

• State: For the Record: A Memorandum of either Opposition or Approval

• State why you are opposed or just that you are studying the matter (because you just discovered it) and will send them
• Your statement of fact(s )on your position.
• Summarize you position
• Thank the committee for listening to your comments.

In Summary:

It is important to understand that in today’s society agencies are actively engaged in the rule-making process creating the standards by which we will live our lives. For instance, in the livestock identification, towards the bottom it has a *new* schedule of fines that you will be required to pay should you violate anyone of the RCW’s stated above the fees. Another interesting note is that for branded livestock the brad must be in Arabic. Isn’t that interesting? I wonder why? The process sounds complicated at first but after the first few times of engaging in the process you will get the process down. Remember if you don’t take a few moments to speak up you lifestyle will soon be altered in a very dramatic way. Lastly, please check the Washington State Register once a week because this is an on going process. New things will continually pop up. With a little time and patience you too can hunt for trap door spiders. Let me know if you find one we haven’t seen before and I will post it. It takes us working as a team to prevail.

The Top Dog

Ag Committee Priorities

On January 11, 2007 HB 1151 was introduced: “Prohibiting a mandatory or voluntary NAIS program in Washington State”. We were promised a viable hearing before February 22, 2007 by the Agriculture Chairman Sullivan, on his word. The hearing has been “tentatively” scheduled a few times and then quickly removed from the calendar of hearings.

What does the Agriculture Committee determine more important than your property rights, privacy, religious freedom, and a life without NAIS?

How about animal massage? Yes, it is true. Animal massage has had its hearing.

What about the *right* to take your dog to a bar? Yes, that also has had its hearing and lots of media coverage too.

Today it is time to call, email, fax Representative Sullivan and politely demand a hearing before February 22, 2007. Ask why animal massage and taking a dog to a bar is more important than a hearing on NAIS.

Representative Brian Sullivan

(360) 786-7972

sullivan.brian@leg.wa.gov

Round the Clock Ag Chair Persuasion Needed

The House Agricultural Chairman Representative Sullivan promised me a couple weeks ago a viable hearing for our NoNAIS HB 1151 proposed legislation. I took him at his word. On Monday night the meeting was tentatively scheduled for 8:00 o’clock AM on February 14th. By the afternoon this faded into temporary, which dissolved in the words of Representative Sullivan’s Legislative Assistant, “Possibly sometime in March.”

Another No NAIS person and myself were outside an office waiting to talk with someone who was having a discussion about when they were going to get rid of us No NAIS people. They are hoping we will go away. The agri vultures are hard at work and gaining ground. We need a show of force so that they can’t depopulate our farms. Believe me, Dr. Eldridge is firm in his stance and steam rolling ahead with his agenda of bring NAIS to Washington State. In his own words, “All I want to do is bring NAIS to Washington the I will retire and go fishing.” Yeah, while the rest of us are subjugated to regulations found in totalitarian regimes.

It is much easier for us take a few moments each day to demand a hearing for HB 1151 before February 22. That date is critical for a viable bill. We don’t have much time. Flood Chairman Sullivan’s office with calls, emails, or ask for an appointment with him ASAP. We don’t have the money to lobby that the agri-vultures do but we do have our voices to hold the Ag Chair to his word.

You can say he promised a viable hearing and we are holding him to it. Be very careful in your wording. The Legislative Assistant felt ‘threatened’ by the calls yesterday. Be polite and careful. We want to be respectful yet get the point across.

Representative Brian Sullivan

(360) 786-7972

‘Ag WATCH’ Kickoff

Regulations on the Books

The process of rule maing (regulation) as was expalined to me yesterday by the Public Disclosure employee, Danny McQueen, of the WSDA:

The RCW’s are the laws passed by the legislature.

The WAC’s are the “How to rules”.

We have all been signing up for alerts for the legislature. Unbeknownst to us, if the legislature is not addressing an issue that Governor, WSDA or any other agency wants to have happen they can make a regulation.

The Process

All they have to do is publish it for 20 Days in the Washington State Register. There is a hearing. You can go and testify in person or do a write in testimony. Each issue has a deadline for comments and testimony. The agency can then respond to the comments but not necessarily take anything we say into consideration. At this time WSDA says that they have limited technology so the hearing cannot be heard on TVW site.

I waas told that the Governor has her agenda which she worked on with the agencies during the summer. So all this is pre-planned.

Kick off (WSDA) Ag Watch

What we need now is to kick off the ‘Ag Watch’. Who would be interested in monitoring the State Register once a week for WSDA action and getting word back to me and I can post it? To me it sounded like this is where the bulk of our regulations stem from.

I will be verifying with my legal experts if this is in fact the rule making procedure allowed by law but I thought it important to get y’all looking at the Washington State Register for activity. Dr. Eldridge is moving swift and has the agri-vultures on his side.

I just checked, we have regulation proposals in play…check them out:

http://www.leg.wa.gov/documents/wsr/2007/07+WSR+Index+A.htm

Take a Moment and Educate the Capital Press on NoNAIS

http://www.capitalpress.info/main.asp?Search=1&ArticleID=30176&SectionID=67&SubSectionID=&S=1

 

2/2/2007 6:00:00 AM	Email this article • Print this article Comment on this article

Article Comment Submission Form

---

Please feel free to submit your comments about this article.

Pending legislation proposes suspension of Washington Constitutional rights!

Calling Constitutionalists, freedom lovers, property owners, all shepherds and animal owners, NoNAIS’ers!!!!!

Here is the deal. We the people have submitted proposed legislation in both the House and Senate OPPOSING the NAIS. In testimony last week we outnumbered the pro-NAIS group 2 to 1. In House hearing on HB 1310 2/3 of the Agriculture Committee asked;

(1) What provisions were to be made for the small farmer, and

(2) They expressed that they did not want to turn ordinary citizens into criminals.

We have the pro-NAIS legislators and corresponding agencies so SCARED that they must resort to suspending our Constitution and Bill of Rights.

Summary:

Another NoNAIS testifier and I had an interesting listening session last Wednesday night. We were forwarded by the Senate Ag Chair to Bob Lee. Mr. Lee was on the phone talking with someone about ‘when these NoNAIS people were going to go away’. We waited patiently for him to get off the phone and then politely introduced ourselves. Mr. Lee talked in circles for 2.5 hours. He is the man who drafted the proposed legislation that will take away your RIGHTS. Wake up and get involved. This is it. You don’t get involved we will be like any country without representation. What will we tell our children and grandchildren? How do we answer to those who have sacrificed their lives in war to fight for our freedom? How do we answer to the G-d?

Why is this proposed legislation DANGEROUS?

The Constitution in Washington is about to be suspended. The proposed legislation does not say:

• What the emergency is?
• Why WSDA has failed to inform the public on this supposed emergency.
• WSDA has failed to provide WSDA with scientific-evidence of an emergency to the public.
• How long is this emergency for?
• If there is an ‘emergency’ why is not take effect until June 30, 2007?
• What is the legislature stonewalling our bills prohibiting NAIS and pro-NAIS bills are steam-rolled through?
• If this is such a big emergency why was it deceptively cloaked in an innocuous piece of legislation?

This is important as it will crop up elsewhere. On Monday proposal to suspend the Right of Referendum and Constitution from the people will be introduced in Washington. This language was tucked innocuously into a bill to extend the Cattle Advisory Board (on implementing NAIS).

What does this proposed legislation say?

Here is the verbiage of SB 5811:

AN ACT Relating to animal identification programs; amending 2006 c 2 150 s 1 (uncodified); providing an effective date; providing an 3 expiration date; and declaring an emergency.

4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

[…]

NEW SECTION. Sec. 2. This act is necessary for the immediate 17 preservation of the public peace, health, or safety, or support of the 18 state government and its existing public institutions, and takes effect 19 June 30, 2007.

With is Act your Rights are eliminated. Do you understand that? This state and possibly the others may have inserted this clause in ANY of its legislation.

We need to fight and fight, hard and NOW. Otherwise jump ship because the country you and I know is gone.

Who supports this legislation?

Senators Rasmussen, Schoesler, Shin, Morton, Hatfield, Kastama, Sheldon, Swecker, Hargrove, Jacobsen and Mr. Bob Lee.

The Legal Precedent: 2005 POLICY HIGHLIGHTER from The Evergreen Foundation

Right of referendum null and void?
Constitutional amendment needed to restore people’s rights

By Jason Mercier

In a 6-3 decision, the state’s Supreme Court upheld the legislature’s use of an emergency clause on SSB 6078 ( amending Initiative 601). With this ruling, the people’s right of referendum is now severely compromised if not effectively eliminated.

In a strongly written dissent to the Court’s ruling, Justice Richard Sanders wrote:

The majority betrays the sacred trust the people of this state place in this court to preserve inviolate their constitutional right to veto unwanted legislation through referendum. A legislature determined to inoculate itself from referendum, a secretary of state determined to violate his statutory and constitutional duty to allow a referendum petition to at least circulate, combined with a supreme court openly hostile to the people’s check on the legislature, brews a potent poison to the people’s constitutional role in the legislative process.

Justice Sanders went on to say:

Where the legislature uses an emergency clause simply to avoid a referendum rather than respond in good faith to a true ‘emergency’ as defined by Washington Constitution article II, section 1(b); where the secretary of state declines to discharge a clear ministerial duty; and where the court essentially delegates its independent role as a constitutional guardian to the legislative branch of government in its power struggle against the popular branch of government; I find little left of the people’s right of referendum.

Justice Tom Chambers also dissented, stating:

But I have come to conclude that this court has moved from an appropriate level of deference to the judgments of a coordinate branch of government, to a near total abdication of its constitutional responsibility to review legislative action. The referendum is a sword the people gave themselves to slay unwanted legislation. The people also gave the legislature a shield to protect certain legislation under certain circumstances from the referendum sword. It is ultimately and uniquely the judiciary’s role to assure that both the sword and the shield are used only as constitutionally permitted.

Justice Jim Johnson also dissented, stating:

Even in this court, any doubt about the referenda power must be resolved in favor of the people. When, therefore, the question comes whether the legislature has a right to declare an emergency which will take away the right of referendum, the doubt, if there be any, should be resolved in favor of the reserved power of the people instead of in the admittedly unwarranted declaration of the legislature.

Article 1, Section 1 of the Washington Constitution states, “All political power is inherent in the people” and Article 2, Section 1 grants the people the power of initiative and referendum. Denial of this constitutional right must be severely limited.

The lone loophole to people’s right of referendum is what is referred to as an emergency clause ( See EFF PH 15-13). The emergency clause is supposed to be reserved for acts that are “necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions.” The legislature used an emergency clause 98 times this past session. Now that the Court has left it up to the legislature to determine what constitutes an emergency regardless of the actual merits of such a declaration, the people should demand the Constitution be amended to restore the sovereignty of the people as reflected in the principle of being a co-equal branch of government.

To ensure the rights established by the Constitution are enforced and adhered to by Washington’s elected officials, Article 2, Section 1 could be amended by:

• Requiring a two-thirds vote of the legislature to enact an emergency clause;
• Requiring a two-thirds vote of the legislature, beyond the current two-year window, to amend an initiative; and
• Permitting the legislature to amend an initiative with a simple majority vote (not withstanding the two-thirds requirement above) if such changes are then referred back to the people for ratification.

A constitutional amendment reflecting these elements would ensure that if the legislature invokes the emergency clause, it would have to be declared by a supermajority vote. If a true emergency exists, both political parties will be able to recognize it. The people’s right of referendum should only be suspended in those instances of a real emergency, not for political expediency.

The legislature should also face a high threshold to alter initiatives passed by the people. By requiring a supermajority vote beyond the current two year window or allowing a simple majority vote with ratification by the people, the legislature will not be able to ignore the people’s laws.

It may sound like a catch-22 to ask the very legislature that is abusing the people’s right of referendum to pass a constitutional amendment restoring this right, but if the people rise up and demand such action, a legislator will either honor the will of the people or be forced to explain why the sovereigns of the state are not entitled to the political power reserved to them by the Constitution.

Should the legislature fail to initiate these constitutional reforms, however, the people could run an initiative that requires a two-thirds vote of the legislature to enact an emergency clause.

Fight and write now, YOUR FREEDOM IS ON THE LINE.

Please either write all the Senators on the Agricultural Committee and demand that this be stricken down and say why. This time don’t ask the questions about but make STATEMENTS of FACT (you may use the questions above as a guide)

Senators Rasmussen, Schoesler, Shin, Morton, Hatfield, Kastama, Sheldon, Swecker, Hargrove, Jacobsen

WA Agricultural Committee:

Marilyn Rasmussen – Chair (D)
Brian Hatfield – Vice Chair (D)
Mark Schoesler – Ranking Minority Member (R)
Ken Jacobsen (D)
Bob Morton (R)
Paull Shin (D)

Here is what to do:

• Write, call between 8-9 AM Monday morning, e-mail, send hard copy letters but e-mail also.
• Put your contact information (who you are and contact info in case they have questions)
• Write under your contact information: FOR THE RECORD
• Say that you are submitting a “Memorandum of OPPOSITION to SB 5811′
• Write you concerns address the proposed bill and language. Provable facts are best (see questions above)
• Ask that your testimony be read and give a reason why you can’t be in attendance if can’t be.
• A conclusion
• Your personal position
• What you would like to Ag Committee to do (strike it down, kill it, whatever)
• PLEASE COME TESTIFY IN PERSON IF AT ALL POSSIBLE. IT MADE THE DIFFERENCE LAST WEEK, IT CAN THIS WEEK. REMEMBER 2-1 ON OUR FAVOR.
• Out of state input wanted: Put Our state is watching to see that you uphold the Constitution.