BILL REQ. #: H-0575.2
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/17/13. Referred to Committee on Judiciary.
AN ACT Relating to prohibiting the use of international law to infringe on property rights; adding new sections to chapter 42.04 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 90.58 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that for more than
forty years international interests have worked to systematically erode
the property rights of our citizens. Among the most egregious examples
of this can be seen in the material and documents produced through the
1971 Ramsar treaty on wetlands, the 1972 earth summit, the 1973
convention on international trade in endangered species, the 1973
united nations environment program, the 1975 Belgrade charter, the 1976
conference on human settlements, the 1982 world charter for nature, the
1983 world commission on environment and development, the 1988 global
forum on human survival, the 1990 international council for
environmental initiatives, the 1992 united nations commission on
sustainable development, the 1994 united nations conference on
population and development, the 1995 commission on sustainable
development, the 1996 conference on human settlements, and approval of
the earth charter in 2000.
Many of these forums produced documents which called for the
government to control population according to resources, government
control of land use in order to achieve equitable distribution of
resources, government control of land use through zoning and planning,
government control of excessive profits from land use, government
control of urban and rural land through public land ownership, and
government authorities holding development rights using taxpayers'
dollars. The legislature finds implementation of many of these
international accords result in the physical and regulatory taking of
private property and constitutes a violation of the natural rights of
citizens to own and enjoy private property.
NEW SECTION. Sec. 2 A new section is added to chapter 42.04 RCW
to read as follows:
It is the policy of the state of Washington to prohibit the
adoption, development, or implementation of community development
policies based on international accords that infringe or restrict
private property rights. The expenditure of public funds in
furtherance of any international accords that endanger a citizen's
private property rights is prohibited.
NEW SECTION. Sec. 3 A new section is added to chapter 42.04 RCW
to read as follows:
(1) As used in this section, "political subdivision" means the
state, any county, incorporated city, unincorporated city, public local
entity, special purpose district, public-private partnership, and any
other public entity of the state, a county, or city.
(2) The state of Washington and all political subdivisions may not
adopt or implement policy recommendations that deliberately or
inadvertently infringe or restrict private property rights without due
process as may be required by policy recommendations originating in or
traceable to international law, international accord, or ancillary plan
of action that contravenes the Constitution of the United States or the
Constitution of the state of Washington.
(3) The state of Washington and all political subdivisions may not
enter into any agreement, expend any sum of money, or receive funds
contracting services or giving financial aid to or from
nongovernmental, nonprofit, or intergovernmental organizations for the
implementation of policy recommendations originating in or traceable to
international law, international accord, or ancillary plans of action
that contravene the Constitutions of the United States and Washington
state.
NEW SECTION. Sec. 4 A new section is added to chapter 42.04 RCW
to read as follows:
In addition to other remedies provided by law, any person aggrieved
or adversely affected by the failure of the state of Washington or any
political subdivision abiding by the prohibition set forth in sections
2 and 3 of this act may apply to the superior court of the county where
the agency is located or to the superior court of Thurston county if
the defendant is a state agency. The superior court has jurisdiction
to hold a prompt hearing where petitioners may show cause that the
state of Washington or political subdivision has failed to adhere to
the requirements of this act and adopted, implemented, or expended
money in the implementation of policy recommendations in violation of
this chapter. The court may issue a temporary or permanent injunction
restraining any person, agency, or all agencies from further violations
of this chapter.
NEW SECTION. Sec. 5 A new section is added to chapter 36.70A RCW
to read as follows:
Sections 1 through 4 of this act apply to all actions required by
or taken under the authority of this chapter.
NEW SECTION. Sec. 6 A new section is added to chapter 90.58 RCW
to read as follows:
Sections 1 through 4 of this act apply to all actions required by
or taken under the authority of this chapter.