SENATE BILL REPORT

SB 6253

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

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

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 18, 1990; January 24, 1990

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Patrick, Sutherland.

Senate Staff:Stephen Nelsen (786-7464); Rod McAulay (786-7754)

                  March 3, 1990

House Committe on Judiciary

AS PASSED SENATE, FEBRUARY 7, 1990

BACKGROUND:

The state of Washington has no process by which state agencies can assess the impact of their actions on private property rights so as 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.

Any award to a private property owner from a state agency for a taking shall come from the agency's existing budget unless the agency disclosed an estimate of such costs through the fiscal note process to the Legislature and funds were included in the budget for said purpose.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: PRO:  Merrill M. English, Washington Cattlemen's Association; Ted Cowan, Public Land Users Soc.; Karen Anderson, Washington Rivers Coalition; Hal Costello, Property Rights Alliance; Jim Zimmerman, Washington Fish Growers Association; Pam Barrett, Washington Association of Realtors; Larry Sundquist, Building Industry; Bill Fritz, Washington Food Processors

HOUSE AMENDMENT:

The introductory language is deleted.

The definition of "policies that have taking implications" is amended to include only state or proposed state regulations, and proposed state legislation.

The provision that any award to a private property owner from a state agency for a taking shall come from the agency's existing budget unless the agency disclosed an estimate of such costs through the fiscal note process and funds were included in the budget is deleted.

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