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THIRD DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Wednesday, January 11, 1995
The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Dan Metcalf and Sean Veley. Prayer was offered by Father Robert Spitzer, Seattle University.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the third order of business.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable
Speaker of the House of Representatives
Legislature of the State of Washington
Olympia, Washington 98504
Mr. Speaker:
We herewith respectfully transmit for your consideration a copy of Initiative to the Legislature Number 164, originally filed with this office on August 2, 1994. On December 30, 1994, the sponsor of the proposed initiative filed 15,282 petition sheets in support of the measure. We have completed our preliminary canvass of these petition sheets and have determined that they contain 231,872 signatures.
Accordingly, pursuant to the provisions of Article 2, section 1 of the State Constitution, we are provisionally certifying Initiative to the Legislature Number 164 to you at this time. We expect to complete verification of signatures no later than February 13, 1995 and we will provide the Legislature with a final certification as soon as possible thereafter.
IN WITNESS WHEREOF, I have set my hand and affixed the Seal of the State of Washington, this 10th day of January, 1995.
(Seal)
Ralph Munro, Secretary of State
INITIATIVE 164
I, Ralph Munro, Secretary of State of the State of Washington and custodian of its seal, hereby certify that, according to the records on file in my office, the attached copy of Initiative Measure No. 164 to the Legislature is a true and correct copy as it was received by this office.
INITIATIVE MEASURE NO. 164
AN ACT Relating to regulation of private property; adding a new chapter to Title 64 RCW.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act is intended to provide remedies to property owners in addition to any constitutional rights under the state and/or federal constitutions and is not intended to restrict or replace any constitutional rights.
NEW SECTION. Sec. 2. This act shall be known as the private property regulatory fairness act.
NEW SECTION. Sec. 3. A regulation of private property or restraint of land use by a governmental entity is prohibited unless a statement containing a full analysis of the total economic impact in private property of such regulation or restraint is prepared by the entity and made available to the public at least thirty days prior to adoption of the regulation or imposition of the restraint. Such statement shall identify the manner in which the proposed action will substantially advance the purpose of protecting public health and safety against identified public health or safety risks created by the use of private property, and analyze the economic impact of all reasonable alternatives to the regulation or restraint. Should the governmental entity choose to adopt a proposed regulation or restraint on the use private property, the governmental entity shall adopt the regulation or restraint that has the least possible impact on private property and still accomplishes the necessary public purpose.
NEW SECTION. Sec. 4. (1) A portion or parcel of private property shall be considered to have been taken for general public use when:
(a) a governmental entity regulates or imposes a restraint of land use on such portion or parcel of property for public benefit including wetlands, fish or wildlife habitat, buffer zone, or other public benefit designations; and
(b) no public nuisance will be created absent the regulation; and
(2) When private property is taken for general public use, the regulating agency or jurisdiction shall pay full compensation of reduction in value to the owner, or the use of the land by the owner may not be restricted because of the regulation or restraint. The jurisdiction may not require waiving this compensation as a condition of approval of use or another permit, nor as a condition for subdivision of land.
(3) Compensation must be paid to the owner of a private property within three months of the adoption of a regulation or restraint which results in a taking for general public use.
(4) A governmental entity may not deflate the value of property by suggesting or threatening a designation to avoid full compensation to the owner.
(5) A governmental entity that places restrictions on the use of public or private property which deprive a landowner of access to his or her property must also provide alternative access to the property at the governmental entity's expense, or purchase the inaccessible property.
(6) The assessor shall adjust property valuation for tax purposes and notify the owner of the new tax valuation, which must be reflected and identified in the next tax assessment notice.
(7) The state is responsible for the compensation liability of other governmental entities for any action which restricts the use of property when such action is mandated by state law or any state agency.
(8) Claims for compensation as a result of a taking of private property under this act must be brought within the time period specified in RCW 4.16.020.
NEW SECTION. Sec. 6. No governmental entity may require any private property owner to provide or pay for any studies, maps, plans, or reports used in decisions to consider restricting the use of private property for public use.
NEW SECTION. Sec. 7. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Full compensation" means the reduction in the fair market value of the portion or parcel of property taken for general public use which is attributable to the regulation or restraint. Such reduction shall be measured as of the date of adoption of the regulation or imposition of restraint on the use of private property.
(2) "Governmental entity" means Washington state, state agencies, agencies and commissions funded fully or partially by the state, counties, cities, and other political subdivisions.
(3) "Private property" means -
(a) land;
(b) any interest in land or improvements thereon;
(c) any proprietary water right;
(d) Any crops, forest products, or resources capable of being harvested or extracted that is owned by a non-
governmental entity and is protected by either the Fifth or Fourteenth Amendments to the U.S. Constitution or the Washington State Constitution.
(4) "Restraint of land use" means any action, requirement, or restriction by a governmental entity, other than actions to prevent or abate public nuisances, that limits the use or development or private property.
NEW SECTION. Sec. 8 This act may be enforced in Superior Court against any governmental entity which fails to comply with the provisions of this act by any owner of property subject to the jurisdiction of such entity. Any prevailing plaintiff is entitled to recover the costs of litigation, including reasonable attorney's fees.
NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 64 RCW.
Initiative Number 164 was referred to the Committee on Government Operations.
There being no objection,the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 1068 by Representatives Brumsickle, Chappell and Radcliff
AN ACT Relating to preserving port district debt limits; and amending RCW 53.36.030.
Referred to Committee on Government Operations.
HB 1069 by Representatives Delvin, Wolfe, Mielke, Ebersole, Ballasiotes, Sheldon, Mastin, Carlson, McMorris, Carrell, Robertson, Hickel, Sheahan, Reams, Benton, Padden, Boldt, Hargrove, Chandler, McMahan, Cairnes, Clements, Chappell, Buck, Campbell, L. Thomas, Johnson, Backlund, Cooke, Conway, Kessler, Costa, Mulliken, Kremen, Dickerson, Quall, Basich, Fuhrman, Morris, Huff, Mitchell, Honeyford, Pennington, Elliot, Schoesler, D. Schmidt, Dyer and Appelwick
AN ACT Relating to exceptions to restrictions on carrying firearms; and amending RCW 9.41.060.
Referred to Committee on Law and Justice.
HB 1070 by Representatives Sehlin, Ogden, Dellwo, Schoesler, Sheahan and Chopp; by request of Office of Financial Management
AN ACT Relating to the capital budget; making appropriations and authorizing expenditures for the capital improvements; creating new sections; and declaring an emergency.
Referred to Committee on Capital Budget.
HB 1071 by Representatives Sehlin, Ogden and Dellwo; by request of Office of Financial Management
AN ACT Relating to general obligation bonds; and adding a new chapter to Title 43 RCW.
Referred to Committee on Capital Budget.
HB 1072 by Representatives Chappell, Mastin, Chandler, Pennington, Brumsickle, Clements, Campbell, Kremen, Benton, Smith, Boldt, Conway, Romero, Costa, Sheldon, Hargrove, Quall, Basich and Morris
AN ACT Relating to assault; amending RCW 9A.36.031; and prescribing penalties.
Referred to Committee on Law and Justice.
HB 1073 by Representatives Chappell, Patterson and Brumsickle
AN ACT Relating to arrests by enforcement officers of the Washington state liquor control board; and amending RCW 10.88.330.
Referred to Committee on Law and Justice.
HB 1074 by Representatives Chappell, Brumsickle, Mastin, Chandler, Campbell, Costa and Quall
AN ACT Relating to revoking drivers' licenses; and amending RCW 46.20.285.
Referred to Committee on Transportation.
HB 1075 by Representatives Chappell, Brumsickle, Mastin, Chandler, Campbell, Clements, Kremen, Conway, Patterson, Costa, Sheldon, Hargrove and Mielke
AN ACT Relating to the motorcycle safety education account; and amending RCW 46.68.065.
Referred to Committee on Transportation.
HB 1076 by Representatives Sehlin and Ogden; by request of Interagency Committee for Outdoor Recreation
AN ACT Relating to changing interagency committee for outdoor recreation accounts and accounting procedures; amending RCW 43.99.030, 43.99.040, 43.99.060, 43.99.070, 43.99.080, 43.99.095, 43.99.120, and 46.09.170; adding a new section to chapter 43.99 RCW; adding a new section to chapter 46.09 RCW; and repealing RCW 43.99.144 and 43.99.150.
Referred to Committee on Capital Budget.
HB 1077 by Representatives Quall, Lambert, Chandler, Basich, Mielke, Mastin, Kremen, Veloria, Dyer, Hatfield, Campbell, Kessler, Costa, Cody, Sheldon, Poulsen, Mason, Dickerson, Regala, Morris, Chopp, Patterson and Tokuda
AN ACT Relating to sales by nonprofit organizations; amending RCW 82.04.365; and adding a new section to chapter 82.08 RCW.
Referred to Committee on Finance.
HB 1078 by Representatives Ogden, Carlson, Casada, Cole, Quall, Benton, Pennington, Thibaudeau, Cooke, Boldt and Huff
AN ACT Relating to the instruction in Braille reading and writing to blind students; and adding new sections to chapter 28A.155 RCW.
Referred to Committee on Education.
HB 1079 by Representatives Ogden, Carlson, Campbell, Conway, Kremen, Basich and Patterson
AN ACT Relating to premium reductions for older insureds who complete an accident prevention course; and amending RCW 48.19.460.
Referred to Committee on Financial Institutions & Insurance.
HB 1080 by Representatives Pennington, Chappell, McMorris, Carlson, Benton, McMahan, B. Thomas, Clements, Brumsickle, Boldt, Hatfield, Buck, Campbell, Delvin, Johnson, Sheldon, Mulliken, Kessler, Basich, Fuhrman, Morris, Huff, Honeyford, Chandler, Elliot, Schoesler and Sheahan
AN ACT Relating to exempting certain nonurban areas from outdoor burning permit requirements; and amending RCW 70.94.745.
Referred to Committee on Agriculture and Ecology.
HB 1081 by Representatives Radcliff, Blanton, Costa, Koster, Ballasiotes, Cole, Dickerson, Basich and Mitchell; by request of Department of Corrections
AN ACT Relating to sentences for additional crimes by felons; amending RCW 9.94A.200 and 9.94A.400; and prescribing penalties.
Referred to Committee on Corrections.
HB 1082 by Representatives Cooke, Sommers, Carlson, Dellwo, Sehlin, Kessler, Valle, Romero, Cody and Basich
AN ACT Relating to the calculation of excess compensation for retirement purposes; and amending RCW 41.50.150.
Referred to Committee on Appropriations.
HB 1083 by Representatives Carlson, Sommers, Sehlin, Cooke, Dellwo, Regala, Campbell, Conway, Kessler, Valle, Romero, Wolfe, Costa, Cody, Veloria, Mastin, Sheldon, Thibaudeau, Kremen, Dickerson, Poulsen, Mason, Scott, Quall, Basich, Morris, Chopp, Patterson, Appelwick and Tokuda
AN ACT Relating to cost-of-living allowances for retirement purposes; reenacting and amending RCW 41.32.010 and 41.40.010; adding new sections to chapter 41.32 RCW; adding new sections to chapter 41.40 RCW; creating a new section; repealing RCW 41.32.487, 41.32.4871, 41.32.488, 41.32.499, 41.32.575, 41.40.195, 41.40.198, 41.40.1981, 41.40.1983, and 41.40.325; providing an effective date; and declaring an emergency.
Referred to Committee on Appropriations.
HB 1084 by Representatives Sehlin, Carlson, Sommers, Cooke, Dellwo, Campbell, L. Thomas, Kessler, Valle, Costa, Cody, Veloria, Mastin, Thibaudeau, Kremen, Mason, Scott, Morris, Honeyford and Appelwick
AN ACT Relating to death benefits under the law enforcement officers' and fire fighters' retirement system; amending RCW 41.26.510 and 41.26.540; and declaring an emergency.
Referred to Committee on Appropriations.
MOTION
On motion of Representative Foreman, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
The Speaker declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Foreman, the House adjourned until 9:55 a.m. Thursday, January 12,1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk