BP BHEAD INT S

AN ACT Relating to the creation of an ombudsman office for private property rights; adding a new chapter to Title 34 RCW; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature intends to establish an ombudsman for private property rights to advise private property owners of their rights and interests in proceedings involving governmental action.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Constitutional taking" or "taking" means that due to a governmental action or proposed governmental action private property is or will be taken and compensation to the owner of that property is required by either:

(a) The fifth or fourteenth amendment of the Constitution of the United States; or

(b) Article 1, section 16 of the state Constitution.

(2)(a) "Governmental action" or "action" means action by a state agency consisting of:

(i) Proposed rules and emergency rules that if adopted and enforced may limit the use of private property;

(ii) Proposed or implemented licensing or permitting conditions, requirements, or limitations to the use of private property; or

(iii) Required dedications or exactions from owners of private property.

(b) "Governmental action" or "action" does not include:

(i) Activity in which the power of eminent domain is formally exercised;

(ii) Repealing rules to discontinue governmental programs or amending rules in a manner that lessens interference with the use of private property;

(iii) Law enforcement activity involving seizure or forfeiture of private property for violations of law or as evidence in criminal proceedings; or

(iv) Orders that are authorized by statute, that are issued by a state agency or a court of law and that are issued as the result of a violation of state law.

(3) "Private property" means any real or personal property in this state that is protected by either:

(a) The fifth or fourteenth amendment of the Constitution of the United States; or

(b) Article 1, section 16 of the state Constitution.

(4) "Small business" means a corporation, partnership, limited liability company, sole proprietorship, or individual operating a business for profit with not more than one hundred employees, including employees employed in any subsidiary or affiliated corporation.

(5) "State agency" means an officer or unit of the executive branch of state government that is authorized by law to adopt rules. "State agency" does not include the legislative or judicial branches of state government.

NEW SECTION. Sec. 3. (1) An ombudsman office is established in the office of administrative hearings to represent the interests of private property owners in proceedings involving governmental action.

(2) The chief administrative law judge shall appoint the ombudsman who serves at the pleasure of the chief administrative law judge.

NEW SECTION. Sec. 4. (1) The ombudsman may:

(a) Research, study, and analyze issues that involve or relate to or that may involve constitutional takings;

(b) Prepare and present briefs and arguments, intervene or appear on behalf of private property owners in general or specific private property owners in any judicial, legislative, or administrative hearing or proceeding as a party or otherwise;

(d) Employ and terminate employees, or contract for special services, as necessary to implement this chapter, including legal counsel and other professional and administrative staff that are necessary to represent and advocate the interests of private property owners; and

(e) Conduct investigations and inquiries and assemble and present evidence.

(2) The ombudsman shall:

(a) Represent the interests of record title owners of residential, noncommercial, small business, and agricultural properties before any state agency, the legislature, and any court, including quiet title actions, regarding any issues related to governmental actions;

(b) Receive complaints and inquiries from private property owners regarding constitutional takings; and

(c) Within thirty days after the end of each calendar quarter, submit a report to the governor, president of the senate, and the speaker of the house of representatives describing the activities and accomplishments of the office.

(3) The ombudsman's office shall record all contacts by private property owners with regard to alleged constitutional takings to determine general concerns of private property owners. The office may advise private property owners of the services available from other governmental and private agencies that may be of further assistance.

NEW SECTION. Sec. 5. This act shall expire July 1, 2000.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 34 RCW.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.