FINAL BILL REPORT

SB 6253

FULL VETO

BYSenators Patterson, McCaslin, Matson, Hayner, Amondson, Rasmussen and Barr

Providing a method to evaluate whether a "taking" has occurred.

Senate Committee on Governmental Operations

House Committe on Judiciary

AS PASSED LEGISLATURE

BACKGROUND:

The state of Washington has no process for state agencies to assess the impact of their actions on private property rights, to eliminate inadvertent "takings" or interferences with property rights for which the government is required to pay compensation.  The need for an assessment process is heightened by recent U.S. Supreme Court decisions broadening the definition of compensable takings.

SUMMARY:

The Attorney General must develop a checklist and guidelines for evaluating risk and avoiding unanticipated takings by July 1, 1990 and update both at least annually.

Commencing October 1, 1990, each state agency shall designate a person who is responsible for ensuring compliance with the guidelines and reviewing each agency policy to determine the need to prepare a taking implications assessment which will include:  the risk of a taking, alternatives that would reduce that risk, an estimate of the compensation that would be required by any taking, and a source of payment within the agency's budget.

A private party is denied the right to seek judicial relief requiring compliance with the provisions of this act.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 92  5 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

     Senate          (Senate refused to concur)

     Senate   45    0 (Senate concurred)

FULL VETO:  (See VETO MESSAGE)