H-0199.1
HOUSE BILL 1202
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State of Washington | 65th Legislature | 2017 Regular Session |
By Representatives Young, McCaslin, Taylor, and Shea
Read first time 01/13/17. 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 to abide 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.
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