Wednesday, May 28, 2014

May 28, 2014 UPDATE: WOW! New legislation! ...Well, almost.

      A friend gave me a copy of “State Representatives Joel Kretz and Shelly Short 7th Legislative District Report.” In this report was an article titled “Helping the Local Handyman.”
     WOW! I didn't know that Shelly Short was really going to follow through on efforts to repair the legislation which Washington Department of Labor and Industries misuses to target people who post innocent fliers on private bulletin boards. Shelly wrote a bill that would have changed the statute to prevent abuses which have been inflicted on myself and thousands of others like me. The bill did not pass the legislature, but she promises to continue working on it. Bless her heart! Even though I don't need the government's permission to hang a flier without being fined, Shelly is worthy of much praise for sticking her neck out. Standing up for “maintaining individual rights” as stated in our Washington State Constitution is going against the crowd at the state legislature. It is very difficult to reason with legislators who have not attained the IQ of a sixth grader capable of reading our Supreme Law of the Land. Shelly was up against the crowd... going against the flow... standing up for the common citizen.
     Some 6 months ago, I got a call from Rep. Short. We talked about what I would like to see in some legislation she was writing, or attempting to write. Since it was the first and only call I had received from her, I thought she was not too serious about it, and possibly trying to appease me. I did not know that she had actually written the bill and submitted it to the legislature for a vote. Our first conversation was probably a little more “liberty minded” and “Patrick Henry minded” on my part than she was comfortable dealing with. The truth is, our representatives do not know what to do with people like me who insist on simply abiding by our Supreme Law of the Land. In their world, that doesn't fly with the low IQ legislators in the state houses, State Senators and Representatives. She would be shunned and completely ignored if she said the same things that I say. Her associates would call her “extreme” and “uncooperative.” They would simply run over her, since there are not enough people to stand together with her. ...I know the feeling. Few people have the courage to stand for what is right and good... like our founding fathers stood for what is right and good.
      My friend gave me the newsletter which pleasantly surprised me with the following article:

Rep. Short also sponsored HB 2113, which would modify the exemption from contractor registration requirements for work that is casual, minor, or inconsequential. Current law assumes that a “handyman” who advertises is presumed to be a contractor subject to the Department of Labor and Industries' (L&I) subjective interpretation, which has been targeting these individuals. Her bill raises the threshold to $1200.00 per job (supplies and labor) and most importantly assumes handymen are NOT contractors. This way, L&I cannot subjectively go after these folks unless an individual falsely states that he or she is a contractor. While this legislation did not pass, we continue to believe folks who who have skills ought to be able to support their families without fear of L&I coming after them and will work on this proposal again next session.
     WOW! Rep. Short uses some powerful words in this article! She goes straight after L&I! In the second sentence, L&I “subjectively” interprets the law “presuming” current law “assumes” handymen to be contractors. As proven in my blog, L&I subjectively enforces the law to maximize their revenue income (through fines and licensing fees) by using the statute to include “almost every activity of work” (as stated by ALJ Mark Kim). Also, (L&I) “which has been targeting these individuals.” “Targeting?” Isn't “targeting” a powerful word? This is great! The Director of L&I ought to stand up and pay attention! L&I is provoking a backlash! L&I has stepped out of constitutional restraints, obviously! Then, in the second to the last sentence she uses “go after” these folks! These are terms that the common man can understand. They know what it is like to be a “target” with government employees “going after” them. Having government employees bullying you is not fun, it is provocative! And, it is unconstitutional—our right to publish, our right to work and perform services for our neighbors, and our right to a trial by jury are blatantly ignored under L&I's administrative law. Administrative Law is “pretended legislation” according to our Declaration of Independence.
     Let me clear up this “Administrative Law” thing so that it is understandable to government employees and also according to the common man's common sense. “Administrative Law” is law that applies to the administration of a government program and it is binding upon the administrators and the members of the government program. Administrative Law does not apply to the general public, which has never signed up to participate in the government program!!!! By not “signing up” for the program and not signing into the rules and laws governing the program, the general public retains ALL OF THE RIGHTS PROTECTED BY THE SUPREME LAW OF THE LAND. If an individual does not sign for the licenses and certificates given out by the government employees, the individual does not fall under the jurisdiction of the Administrative Law governing the issuance of licenses and certificates. Infractions only apply to those who have signed and agreed to work under the Administrative Law. However, our ignorant government employees have been instructed to unlawfully issue citations to the general public as if the general public falls under the jurisdiction of fat dumb bureaucrats living off taxpayer money. Fat dumb bureaucrats crossed this line at some point in the past, and the government lawyers chose to back up the government employees rather than support our Supreme Law of the Land. Most of the general public are not equipped to stand up to the power of out of control government attorneys and employees, so the unlawful practice of issuing citations to the general public was allowed to continue and expand. Even our “citizen” legislators were not equipped to correct the government paid lawyers. They simply believed what they were told by the government attorneys and bureaucrats. Let me say that I am proud that my blog has equipped at least one of the people's representatives. She had the knowledge and the truth, and that gave her the courage to write a bill to correct the “targeting” and the “going after these folks” by the out of control L&I. I don't know if she understands my paragraph here, which defines the jurisdiction of administrative law, but hopefully she is learning. Apparently, she does not know the history of Administrative Law and its differences from “public law” which governs the entire public. Public safety laws that govern the speed of vehicles on highways apply to everyone who uses the public roadways, however, if I have a 5 mile private road on my property, no police officer can issue me a speeding citation on my private road. See how this makes simple sense? If I hang a flier falsely claiming I am a licensed contractor, I fall under the jurisdiction of the public moral law restricting fraud and deceit in advertising. Committing fraud by deceiving my neighbors is morally, ethically, and criminally offensive, and people who commit fraud ought to suffer just consequences after being convicted by a jury of their good neighbors. But, to use administrative law to restrict our (the general public's) constitutionally protected civil rights is criminal and treasonous according to our Supreme Law of the Land. ...but who in the legislature has the courage to say so? ...It is not in the nature of people to make accusations that put others in a bad light. Our weak legislators don't want to stick their neck out and hold people accountable to their Oath of Office to support our Supreme Law of the Land. They go along with supporting legislation that nullifies the Supreme Law of the land, by finding ways to justify supporting it. For example,”It is for the public safety,” or “it is for the children,” or “it is for the public welfare.” Nonsense wins... courage and the constitutions go out the window. Meanwhile we have swarms of bureaucrats willing to accuse the citizens of being “bad neighbors” violating the law. IT IS THE GOVERNMENT EMPLOYEES WHO ARE VIOLATING THE SUPREME LAW OF THE LAND!!!!
     I called Rep. Short to thank her for her efforts at reigning in L&I. We had a great conversation. I pointed out that I thought the history of the licensing laws was voluntary in order to provide some security to people needing skilled work done on their homes. I thought the consumer could choose to hire a licensed contractor for the security of knowing that the contractor has passed some minimum standards put forth by the state. Or, the consumer could hire someone whom they know has the skills and reputation to complete the services for them. I figure that these programs started out voluntary, but the government employees kept pushing the envelope and changing the intent of the law to increase their power and revenue. I made Rep Short laugh when I said, “Forty years ago no government employee would have dared hand $1500.00 fines (for hanging a flier on a bulletin board) to my father because my father would have punched him in the nose.” Dad would not put up with that and why should I put up with it? Actually, no government employees would have been so stupid forty years ago. My how things have changed, and not for the better. The government employees think they need more government employees policing and fining the public.
Rep. Short said that she would look into the history of the law. Then I asked her if she could put the Director of WDLI on the hot seat and find out how many citations have been issued and how many millions of dollars has WDLI taken from the “folks?” She said she would look into that, too.
     Rep. Short said that the bill didn't pass because the unions opposed it. Obviously the unions don't want competition. She said that the unions kept bringing up the “underground economy.” I pointed out that the underground economy is what saved Russia! Millions more in the Soviet Union would have died of starvation if it wasn't for the underground economy. She laughed again and had to agree. I said, “See? You guys up there tend to think backwards.” The underground free economy is a good thing. It is the “managed” economy that fails every time. Government interference in everything destroys everything. That is why we have the Supreme Law of the Land to limit government interference!
     I hope to hear from Rep. Short in the near future. I hope she will research the history of the law and find out details of the citations and fines issued by WDLI over the years. Hmmm...When was the first fine for hanging a flier on a bulletin board issued?... That would be great to know! And I will let you know what she finds out. It should be interesting. I hope she has the courage to follow through. So far, she has...

We still need courageous people standing up to out of control government employees!

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