CAUCUS & FLOOR ACTION

REVISED

ARIZONA STATE SENATE

RESEARCH STAFF

ADAM VAN BUSKIRK

LEGISLATIVE INTERN

KERRI MOREY

LEGISLATIVE RESEARCH ANALYST

NRAE COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

DATE: April 18, 2002

SUBJECT: Strike Everything Amendment to H.B. 2380

Purpose

Establishes a task force on property rights protection.

Background

The Fifth and Fourteenth Amendments to the United States Constitution and Article II, Section 17 of the Arizona Constitution prohibit depriving any person of private property without due process of law and guarantee just compensation for property that is taken or damaged. There have been a number of legislative efforts in Arizona during the 1990s to provide additional legal recognition of property rights under state law.

In 1994, legislation that modified the procedures for the adjudication of the ownership of the state's streambeds also created the Ombudsman for Private Property Rights to represent private property owners in proceedings involving any governmental actions (Laws 1994, Chapter 277). The Ombudsman also receives and researches complaints and inquiries from property owners regarding constitutional takings.

In 1995, legislation was enacted that provides appeal rights to property owners who are required to provide a dedication or exaction of their property as a condition of approval for the use, improvement or development of their real property (Laws 1995, Chapter 166). This legislation also requires cities, towns and counties to comply with the United States Supreme Court decisions relating to property takings. A study committee was created to study legal and administrative procedures necessary to secure the constitutional rights of private property owners and to review regulations submitted by cities, towns and counties for compliance with the U.S. Supreme Court decisions on property rights.

The strike everything amendment to H.B. 2380 creates a joint legislative task force to analyze property rights protection.

There is no anticipated fiscal impact to the state general fund relating to the provisions of this amendment.

Provisions

1. Establishes a task force on property rights protection consisting of five Senators appointed by the President of the Senate, and five Representatives appointed by the Speaker of the House of Representatives.

2. Stipulates that not more than three of the Senators and three of the Representatives may be of the same political party.

3. Requires the Speaker of the House of Representatives and the President of the Senate to appoint cochairs. Allows the cochairs to appoint an advisory committee of at least seven members representing interested parties.

4. Requires the task force to review and analyze the following:

a) property rights protection laws in other states.

b) activities of local governments that may result in property devaluation, including land use regulations intended to comply with federal environmental laws or protect the environment.

c) methods to ensure the protection of private property rights, including payment of damages to landowners.

5. Requires the task force to transmit a final report to the President of the Senate and the Speaker of the House of Representatives by December 31, 2002. Requires the task force to provide a copy of the report to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.

6. Repeals the task force on December 31, 2002.

7. Provides for a general effective date.

Amendments Adopted by Committee

· Adopted strike everything amendment

Senate Action

NRAE 4/18/02 DPA/SE 7-0-1

AV/KM/mh