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  • Category Archives ASAP Public Notice
  • Due Process for Distracted Drivers Law?

    Gov. Jay Inslee (D) DUE PROCESS BY PUBLIC NOTICE?

     WA State Distracted Drivers Law ADOPTED 04/19/2017 

     VETOED by Gov. Jay Inslee (D)  MAY 16, 2017

    Gov. Jay Inslee (D) accelerated the law’s effective date to July 23, 2017

    Vagueness is generally considered to be a DUE PROCESS issue, because a law that is too vague to understand does not provide adequate notice to people that a certain behavior is required or is unacceptable.

    The “void for vagueness” doctrine argues that a law cannot be enforced if it is so vague or confusing that the average person could not figure out what is being prohibited or what the penalties are for breaking that law.

    ————————————————————————

    It doesn’t take too much effort to imagine a distracted driver suing the state over a disputed ticket for failure of DUE PROCESS ON PUBLIC NOTICE et al.

    —————————————————————-

    A law can be unconstitutionally vague in one of two main ways.

    First, the law may be void for vagueness if it does not adequately explain or state what behavior the law is meant to affect.  If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that the law violates due process. 

    Second, a law may be void for vagueness if it does not adequately explain the procedures that law enforcement officers or courts must follow when enforcing the law or handling cases that deal with certain legal issues. 

    Specifically, a law may be found to be unconstitutionally vague if it gives a judge no idea how to approach or handle a case based on that law.

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    ADOPTED 04/19/2017  WA State Distracted Drivers Law

    MAY 16, 2017 Gov. Jay Inslee (D)  vetoed a compromise by the Legislature that would have postponed enforcement of the Driving Under the Influence of Electronics (DUIE) Act until 2019.

    Gov. Jay Inslee (D)  surprised even the supporters of a distracted-driving law Tuesday when he accelerated the new crackdown, IN A LETTER TO THE SENATE DATED MAY 16, 2017.

    Gov. Jay Inslee (D) vetoed the section that gave drivers until 2019 to acclimate to the changes and instead declared Sunday, July 23, 2017 as the law’s effective date.

    The final version passed Wednesday pushed the proposed start date from Jan. 1, 2018, to Jan. 1, 2019, because several members wanted extra time for the public to adjust, according to prime sponsor Rep. Jessyn Farrell, D-Seattle.

    Farrell justified the wait on Wednesday, saying colleagues in both parties sought more TIME FOR A SUSTAINED EDUCATION campaign, for the public to adapt, and for motorists to obtain built-in communication systems. The State Patrol is currently understaffed but is striving to boost recruitment, with help from proposed raises this legislative session.

    Understaffed was confirmed yesterday by Kyle at  WSP media center, yesterday.

    ——————————————–

    Gov. Jay Inslee (D)  His abysmal record on TIME FOR A SUSTAINED EDUCATION speaks for it’s self

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    Gov. Jay Inslee (D) IS PERSONALLY RESPONSIBLE FOR SIGNING THE VETO. period

    It doesn’t take too much effort to imagine a distracted driver suing WA State over a disputed ticket  for failure of DUE PROCESS ON PUBLIC NOTICE et al. 

     But why would Gov. Jay Inslee (D) worry about a WA State lawsuit?

    After all  Gov. Jay Inslee (D) has  his nationally spotlighted Washington State Attorney General Bob Ferguson (D) to defend his VETO.

    After all , A law can be unconstitutionally vague in one of two main ways.

    And after all, Vagueness is generally considered to be a DUE PROCESS issue.

    AND, PUBLIC NOTICE IS A DUE PROCESS ISSUE


  • Public Notice of Net Pens NWS-2016-100

    Public Notice of Net Pens in the Strait of Juan De Fuca

    The  PDF document  NWS-2016-100  is a Public Notice for a proposed project where a
    permit is being requested from the U.S. Army Corps of Engineers, Seattle District.

    Acquisition Icicle Acquisition Subsidiary, LLC. -has proposed to
    decommission and remove their existing net pens structures in Port Angeles
    Harbor, Port Angeles, Washington, and install new net pen facility for
    rearing of Atlantic Salomon in Strait of Juan De Fuca near Port Angeles,
    Clallam County, Washington.

    To provide any project specific comments in writing or by e-mail, please
    visit the link below and follow the instructions outlined in the “How to
    Submit Comments” section.
    Http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

    COMMENT MUST BE RECEIVED BY MAY 28, 2016

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    I wanted to give concerned local people the NWS-2016-100  information ASAP, so they can make public comment. (so I emailed the public notice)

    Just saying, Word gets around in emails..

    But….

    The bottom line is…

    Word gets around BETTER in cyberspace.

    Pearl Rains Hewett

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    Scroll down…

    Listed below are the current Public Notices published by the Seattle District for proposed projects within the state of Washington. The Public Notices are sorted by Effective Date and are provided in PDF format. You must have Adobe Acrobat Reader installed on your PC to view these files. You may download Adobe free from http://www.adobe.com/.

    Viewing Public Notices. To view a Public Notice, left-click on the Permit Application Number (highlighted in blue). To download the file to your PC, right-click on the Permit Application Number, then select “Save Target As” from the menu.

    How to Submit Comments. To submit comments via E-mail, left-click on the respective Project Manager’s name in the table below. To submit comments in writing, send them to the respective Project Manager at the U.S. Army Corps of Engineers, Seattle District Regulatory Branch, P.O. Box 3755, Seattle, WA 98124-3755. All comments should include the permit application number and project name, your name, address, and phone number.

    How to be Added to the Public Notice Mailing List. Please submit your email address to the Regulatory Branch: Attention: Shannon Wilson

    Email Address Changes. If you change your email address, you will need to contact Shannon Wilson. Please provide your old address and your new address. Emails returned due to a change of address will be deleted from our electronic mailing list system.

    Issued Date Expiration Date Applicant Project Description Permit Application No. County Project Manager
    2-May-2016 17-May-2016 Sunset Marina, LLC Erratum for proposed marina NWS-2007-2030  Chelan Knaub
    29-Apr-2016 29-May-2016 Whatcom County Public Works Place fill, replace and install outfalls, and construct trail NWS-2016-124  Whatcom Perry
    28-Apr-2016 28-May-2016 Icicle Acquisition Subsidiary LLC Decommission and removal of existing net pen structures NWS-2016-100  Clallam Sanguinetti
    22-Apr-2016 22-May-2016 Yakima Nation Fisheries Dredging NWS-2015-158  Skamania Martin
    21-Apr-2016 21-May-2016 Pierce County Public Works Construct pier, drive piles, and install ramp and float NWS-2007-1878  Pierce White

     For more Regulatory Program information, please visit http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

    To view the attached document, you will need to use the Adobe Acrobat
    Reader.  For a free copy of the Acrobat Reader please visit:
    http://www.adobe.com/products/acrobat/readstep2.html

    To provide any project specific comments in writing or by e-mail, please
    visit the link below and follow the instructions outlined in the “How to
    Submit Comments” section.
    Http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

    ——————————————————————-

    I received a paper copy of this Public Notice for NWS-2016-0100-; via US
    Mail,

    I called Pamela Sanguinetti at her contact number (206) 764-6904 and
    requested an email copy of the “Open Public Comment Period Notice” listed as
    “Regulatory Public Notices”

    COMMENT MUST BE RECEIVED BY MAY 28, 2016 (but may be extended? per Ms Pamela  Sanguinetti)

    Acquisition Icicle Acquisition Subsidiary, LLC. -has proposed to
    decommission and remove their existing net pens structures in Port Angeles
    Harbor, Port Angeles, Washington, and install new net pen facility for
    rearing of Atlantic Salomon in Strait of Juan De Fuca near Port Angeles,
    Clallam County, Washington.
    ———————————————————–

    Just saying….

    NEAR? Port Angeles, Clallam County, Washington
    I received a paper copy of this Public Notice for NWS-2016-0100-; via US
    Mail, addressed to George C. Rains Sr., at my address.(Dad died over 8 years
    ago?).

    Pamela Sanguinetti was very nice and thanked me for taking the time to call
    her and  request this email notice of public comment (and the PDF
    documentation) for our community.

    She asked if I wanted to make a public comment??

    I have not opened the file… YET…

    I wanted to give concerned local people the information ASAP, so they can
    make public comment. (so I emailed the public notice)

    Just saying, Word gets around with emails..

    But, word gets around BETTER in cyberspace.

    Pearl Rains Hewett
    ——————————————————————-

    —– Original Message —–
    From: “Sanguinetti, Pamela NWS” <Pamela.Sanguinetti@usace.army.mil>
    To: <phew@wavecable.com>
    Sent: Monday, May 02, 2016 12:51 PM
    Subject: FW: Public Notice for NWS-2016-0100-; Icicle Acquisition Icicle
    Acquisition Subsidiary, LLC. -Request for comments

    PLEASE DO NOT REPLY TO THIS EMAIL
    For comments or questions regarding this Public Notice, please contact the
    project manager listed below.

    CONTACT INFORMATION:
    PROJECT NUMBER:  NWS-2016-0100-, Clallam County, Icicle Acquisition
    Icicle Acquisition Subsidiary, LLC.
    PROJECT MANAGER: Pam Sanguinetti
    TELEPHONE: 2067646904
    E-MAIL: Pamela.Sanguinetti@usace.army.mil

    The  PDF  NWS-2016-100 document is a Public Notice for a proposed project where a permit is being requested from the U.S. Army Corps of Engineers, Seattle District.

    To view the attached document, you will need to use the Adobe Acrobat
    Reader.  For a free copy of the Acrobat Reader please visit:
    http://www.adobe.com/products/acrobat/readstep2.html

    To provide any project specific comments in writing or by e-mail, please
    visit the link below and follow the instructions outlined in the “How to
    Submit Comments” section.
    Http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

    For more Regulatory Program information, please visit
    http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

    The bottom line is…

    Word gets around BETTER in cyberspace.