SHB 1349 -
By Committee on Judiciary
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature intends to appoint a work
group to study the issue of whether the laws governing easements should
continue to be changed in Washington state. Such an important policy
decision must be examined in a comprehensive and well-considered manner
from all aspects including, but not limited to, fiscal impacts;
consideration of rights of property owners; legal ramifications; and
the legal and constitutional framework in which the easements currently
operate. The importance of the policy implications in this matter
requires that a work group study the issue and report its
recommendation to the legislature.
NEW SECTION. Sec. 2 (1) A legislative work group on easements is
established, with members as provided in this subsection.
(a) The president of the senate shall appoint one member from each
of the two largest caucuses of the senate;
(b) The attorney general shall appoint a representative of the
office of attorney general;
(c) An attorney selected by an association of attorneys whose
members have practices that focus on real property and probate;
(d) A representative of a statewide organization representing real
estate agents and brokers; and
(e) A representative from the administrative office of the courts.
(2) The work group shall review, at a minimum, the following
issues:
(a) All aspects of how easements function in the state of
Washington and whether it should as a matter of policy the laws
surrounding easements need to be changed or reformed;
(b) The potential fiscal implications to changes in laws involving
easements including impacts to collection of taxes and suits in court;
(c) The legal and constitutional framework in which easements
operate in Washington state; and
(d) A survey of laws from other states on the subject of easements.
(3) Staff support for the work group must be provided by senate
committee services and the house of representatives office of program
research.
(4) Travel and other membership expenses for legislative members
must not be reimbursed. Nonlegislative members must seek reimbursement
for travel and other membership expenses through their respective
agencies or organizations.
(5) The work group shall hold meetings in state or local government
facilities and shall endeavor to accommodate the varied places of
residence among work group members.
(6) The work group may organize itself in a manner, and adopt rules
of procedure, that it determines are most conducive to the timely
completion of its charge.
(7) The work group is subject to chapter 42.30 RCW.
(8) The work group shall report its findings and recommendations to
the Washington state supreme court, the governor, and appropriate
committees of the legislature by December 1, 2012."
SHB 1349 -
By Committee on Judiciary
On page 1, line 1 of the title, after "agreements;" strike the remainder of the title and insert "and creating new sections."
EFFECT: Requires that a work group study easements in Washington state.