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HCR043.....................................................by STATE AFFAIRS
PRIVATE PROPERTY - REGULATORY ACTIONS - Authorizing the Legislative Council
to appoint a committee to study legislation relating to state and local
units of government impacting the value of private property rights.
02/20 House intro - 1st rdg - to printing
02/23 Rpt prt - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/26 3rd rdg - ADOPTED - 66-1-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stone, Stubbs,
Taylor, Tilman, Tippets, Trail, Watson, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Crane, Wheeler, Wood
Floor Sponsor - Kempton
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to St Aff
03/19 Rpt out - rec d/p - to 10th Ord
03/20 10th Ord - ADOPTED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Geddes, Hansen, Hawkins,
Ingram, Ipsen, Keough, King, Lee, Noh, Parry, Richardson, Riggs,
Risch, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Frasure, McLaughlin, Sandy
Floor Sponsor - Richardson
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
Pres signed - to Secretary of State
HCR043|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 43 BY STATE AFFAIRS COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING LEGISLATIVE FINDINGS AND AUTHORIZING THE LEGISLATIVE COUNCIL TO 3 APPOINT A COMMITTEE TO STUDY PRIVATE PROPERTY REGULATORY ACTIONS WHICH 4 IMPOSE FINANCIAL BURDENS LESS THAN A CONSTITUTIONAL TAKING AND TO MAKE 5 RECOMMENDATIONS. 6 Be It Resolved by the Legislature of the State of Idaho: 7 WHEREAS, contrary to originating intent, some laws, rules and ordinances 8 of the state and political subdivisions of the state, as applied in practice, 9 may inordinately or unfairly burden, restrict or limit private property rights 10 without necessarily amounting to a constitutional "taking"; and 11 WHEREAS, in enacting or promulgating such laws, rules and ordinances, the 12 state and political subdivisions of the state have no legislative guidelines 13 for defining essential nexus connecting the public purpose sought and the 14 degree to which owners of private property are forced to bear permanent or 15 temporary financial loss for the benefit of the public; and 16 WHEREAS, the regulatory "takings" review provision of Chapter 80, Title 17 67, Idaho Code, is protected by lawyer-client privilege with no separate 18 requirement for government to report the basis of final decisions to the pub- 19 lic; and 20 WHEREAS, some states have passed "less than takings" legislation to pro- 21 tect property owners; and 22 WHEREAS, concerns have been expressed over time and costs associated with 23 "exhaustion of administrative remedies" and options of the court in the suc- 24 ceeding judicial review process; and 25 WHEREAS, the technical aspects of both House Bill 538 and House Bill 606 26 from the 1998 Idaho Legislature were found to be sufficiently complicated to 27 require additional study. 28 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses- 29 sion of the Fifty-fourth Idaho Legislature, the House of Representatives and 30 the Senate concurring therein, that the Legislative Council is authorized to 31 appoint a committee to undertake a review of House Bill 538 and House Bill 606 32 from the 1998 Idaho Legislature and the "takings" and "less than takings" leg- 33 islative policy implications contained therein. 34 BE IT FURTHER RESOLVED that the committee shall take public testimony in 35 at least four segments of the state as well as in Boise and that the committee 36 shall report findings back to the First Regular Session of the Fifty-fifth 37 Idaho Legislature with recommendations and legislation appropriate to commit- 38 tee findings. 39 BE IT FURTHER RESOLVED that the committee shall be composed of members of 40 the House of Representatives and the Senate and one ex officio representative 41 from each of the Idaho Association of Counties, the Association of Idaho Cit- 42 ies, the Idaho Association of Realtors and the Farm Bureau Federation. Ex 43 officio membership shall also include three open positions to be filled by a 44 public attorney (counties/cities), a private attorney (Realtors/Farm Bureau) 2 1 and an attorney from the Office of the Attorney General. Nonlegislative per- 2 sons shall not have their expenses paid from the Legislative Account.
STATEMENT OF PURPOSE
RS08085
This resolution authorizes the Legislative Council to appoint an interim committee to undertake
and complete a study of "takings' and "less than takings" implications of some laws, rules and
ordinances of the state and local government which may inordinately or unfairly burden, restrict
or limit private property rights. The study will enhance understanding between members of the
House of Representatives and the Senate in areas of complex land use policy issues raised in
House Bills 538 and 606 of the Fifty-fourth Idaho Legislature. The committee will report back
to the Legislature with recommendations and legislation appropriate to committee findings.
FISCAL NOTE
If this resolution is adopted by the Legislature and the committee is appointed by Legislative
Council, any necessary legislator travel and per diem expense would be paid from the existing
legislative appropriation to the Senate and the House of Representatives. Funding for support
staff and expenses would be provided from the existing appropriation to the Legislative council
for the Legislative Services Office. There would be no additional impact upon the state general
fund as a result of this resolution
CONTACT: Representative Bruce Newcomb (332-1120)
Representative Jim Kempton
(332-1000)
STATEMENT OF PURPOSE/ FISCAL NOTE
HCR 43