Tuesday, February 13, 2007

Correction, Correction, Cor-RECTION!

As I have a tendency to blast my little edicts throughout the land with splashy headlines--I felt it necessary to create a splashy one in order to correct an error. Fair is fair, no?

Last Friday, I posted this piece in which I stated:

I can't imagine that David Hunnicutt hasn't read a copy of Senate
Bill 505
, the Guv's proposal. It specifically states in the summary at the
top of the bill that it would expire June 30, 2007 or when session ends,
whichever comes first.

And Dave...the bill also states that it doesn't effect claims that are
already approved.

While I remain unconvinced that Hunnicut has carefully read SB505, I was incorrect on that bottom sentence. In fact SB505 would effect claims that are already approved.

SB 505 Section 2, subpoint d:

(d) Except as provided in subsection (2)(a) of this section:
(A) A person may not file, with a state agency or a local
government, an application of any kind that is based on a waiver.
If an application of any kind that is based on a waiver was filed
before the effective date of this 2007 Act, the state agency may
not issue a final order and the local government may not issue a
decision on the application. All time limitations related to the
applications covered by this paragraph stop running.
(B) A person may not use private real property based on a

(2) This section does not affect:
(a) The legal rights of an owner of private real property to
complete or continue a use of private real property that was
authorized by a building permit lawfully issued on or before
January 1, 2007.

In nonlegalspeak, this means if you have the waiver and permits by January 1, 2007 the "time-out" doesn't apply. If you don't, then it does. If you've got the waiver and no permit; you get the time-out.

Hunnicut's original statement is still a bogus pile of horse hockey, however:

Kulongoski announced a proposal that would indefinitely suspend all Measure 37 claims, including claims that have been filed and claims that have already been approved.

Uh, no. The proposal would allow some claims to go right on ahead, as I showed. And it's not indefinite whatsoever. The time-out is in place until the end of June or the end of session, whichever comes first.

I apologize to OIA, David Hunnicutt, all the little people who made the previous post possible and anybody misled or disgruntled by my original screw up.

Carry on.