Pre-filed December 31, 1996, and 1,000 copies ordered printed.

Read 2nd time January 20, 1997, and referred to the Committee on Judiciary.

Reported from the Committee February 3, 1997, with recommendation that the bill do pass and be placed on the Consent Calendar.

Taken up February 12, 1997. Read 3rd time and placed upon its final passage; bill passed.

TERRY L. SPIELER, Secretary.

S0720.01P

To repeal section 536.017, RSMo 1994, relating to takings analysis, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Section 536.017, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 536.017, to read as follows:

     536.017. [1.] For purposes of this section, "taking of private property" shall mean an activity wherein private property is taken such that compensation to the owner of the property is required by the fifth and fourteenth amendments to the Constitution of the United States or any other similar or applicable law of this state. No department or agency shall transmit a proposed rule or regulation which limits or affects the use of real property to the secretary of state until a takings analysis has occurred. The takings analysis shall evaluate whether the proposed rule or regulation on its face constitutes a taking of real property under relevant state and federal law. The department or agency shall certify in the transmittal letter to the secretary of state that a takings analysis has occurred. A takings analysis shall not be necessary where the rule or regulation is being promulgated on an emergency basis, where the rule or regulation is federally mandated, or where the rule or regulation substantially codifies existing federal or state law.

     [2. The provisions of this section shall expire on September 1, 1997.]