EVICTION & PERSONAL PROPERTY DISPOSAL ACT

House Bill 5578

Sponsor:  Rep. Shanelle Jackson

1st Committee:  Judiciary (re-referred 9-20-12)

2nd Committee:  Local, Intergovernmental, and Regional Affairs

Complete to 11-28-12

A SUMMARY OF HOUSE BILL 5578 AS INTRODUCED 4-26-12

House Bill 5578 would create a new act to be known as the "Eviction Procedures and Personal Property Disposal Act."  The bill requires that a property owner (or operator) assure the safe and lawful disposal of all personal property that is removed because of an eviction, and establishes a protocol for doing so.

Under the bill, at the time a tenant is evicted from premises by a court order, the owner or operator of the premises would be required to place a movable container that allows access from the side, and that is of sufficient size to hold the tenant's household furniture and goods, on either the owner's property or on the public street adjacent to the owner's property.  There, the personal property of the evicted tenant would be stored.  The container would stay in place until the owner removed it, "within 48 hours after placement." 

The bill specifies that a person who violated this procedure would be ordered to pay a civil fine of not more than $500.

FISCAL IMPACT:

The bill would have an indeterminate fiscal impact on the judiciary.  To the extent that the new civil infraction increases court caseloads, courts may see an increase in costs.  Any civil infraction revenue collected would benefit local libraries.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Erik Jonasson

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.