Amendments	Fiscal Memos
SA0038	Amendment 1-0 to SB0795

	Amendments	Fiscal Memos
HA0891	Amendment 1-0 to HB1259

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

ON FEBRUARY 27, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 3741, AS AMENDED.

AMENDMENT #1 rewrites this bill to add to present law provisions governing estates in property that a tenancy by the entirety in real property is prohibited from being assigned or severed, or a spouse's interest in such real property conveyed, to a third party without the written consent of both spouses or a court order.

This amendment also changes the effective date of this bill to July 1, 2023.

ON APRIL 15, 2024, THE HOUSE SUBSTITUTED SENATE BILL 795 FOR HOUSE BILL 1259, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 795, AS AMENDED.

AMENDMENT #1 rewrites the bill to, instead, enact anti-squatter laws, as described below.

This amendment provides that the intent of this amendment is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.

This amendment authorizes a property owner, or the property owner's authorized agent, to request from the sheriff of the county in which the property is located the immediate removal of any person unlawfully occupying a residential dwelling pursuant to this amendment if the following conditions are met: (i) the requesting person is the property owner or authorized agent of the property owner; (ii) the real property that is being occupied includes a residential dwelling; (iii) an unauthorized person has unlawfully entered and remains or continues to reside on the property owner's property; (iv) the real property was not open to members of the public at the time the unauthorized person entered; (v) the property owner has directed the unauthorized person to leave the property; (vi) the unauthorized person is not a current or former tenant pursuant to a written or oral rental agreement authorized by the property owner; (vii) the unauthorized person is not an immediate family member of the property owner; and (viii) there is no pending litigation related to the real property between the property owner and any known unauthorized person..

As used in this amendment, an "immediate family member" means a spouse, parent, sibling, or child.

To request the immediate removal of an unlawful occupant of a residential dwelling, this amendment requires the property owner, or the property owner's authorized agent, to submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property to the sheriff of the county in which the real property is located. The submitted complaint must be substantially in the form provided in the amendment.

Upon receipt of the complaint, this amendment requires the sheriff to verify that the person submitting the complaint is the record owner of the real property, or the authorized agent of the owner, and appears otherwise entitled to relief under this amendment. If verified, the sheriff must, without delay, serve a notice to immediately vacate on all the unlawful occupants and must put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff must attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.

This amendment provides that the sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession. After the sheriff serves the notice to immediately vacate, the property owner, or authorized agent, may request that the sheriff stand by to keep the peace while the property owner, or agent of the owner, changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff.

This amendment provides that the sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property resulting from actions taken pursuant to this amendment. The property owner, or the property owner's authorized agent, is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property resulting from actions taken pursuant to this amendment unless the removal was wrongful.

This amendment authorizes a person to bring a civil cause of action for wrongful removal under this amendment. The court must expedite the hearing on such a civil cause of action. A person harmed by a wrongful removal under this amendment may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees.

This amendment does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.

This amendment provides that if any conflict exists between the law relevant to leases and this amendment, then this amendment controls. If any conflict exists between the Uniform Residential Landlord and Tenant Act and this amendment, then this amendment controls.