SENATE BILL REPORT

SB 6750

BYSenators Patrick, Rasmussen, Thorsness, Hansen and McCaslin

Changing liability for governmental actions.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 2, 1990

Senate Staff:Vicki E. Schur (786-7415)

AS OF FEBRUARY 1, 1990

BACKGROUND:

Property owners who have filed an application with any government agency or political subdivision for a permit to improve, sell, transfer, or otherwise use the property have a cause of action against the agency for any arbitrary, capricious or unlawful actions, or a failure to act within a certain time frame.  However, the agency must have known, or have been reasonably expected to know, of the unlawfulness of its actions at the time of its final decision regarding the action.

SUMMARY:

Property owners have a cause of action against an agency for any unlawful, arbitrary or capricious actions or failure to act, whether the agency had knowledge of the unlawfulness of its actions or not.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 31, 1990