1349-S AMS JUD S5005.1

SHB 1349  - S COMM AMD
     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  - S COMM AMD
     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.

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