Local Mandate Fiscal Impact Estimate

Kentucky Legislative Research Commission

2012 Regular Session

Part I: Measure Information

Bill Request #: / 384 R1
Bill #: / HB 175
Bill Subject/Title: / AN ACT relating to trespass
Sponsor: / Rep. Joni Jenkines
Unit of Government: / X / City / X / County / X / Urban-County
X / Charter County / X / Consolidated Local / X / Unified Local Government
Office(s) Impacted / local law enforcement charged with service of process
Requirement: / X / Mandatory / Optional
Effect on
Powers & Duties / Modifies Existing / X / Adds New / Eliminates Existing

Part II: Purpose and Mechanics

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HB 175 authorizes resident lessees of real property, including condominiums, who are age 55 or older who qualify as an adult under KRS 209.020 to maintain legal actions to prevent or restrain trespass on their property without the payment of court costs of fees, or the posting of a bond. Ex parte orders to prevent or restrain trespass may also be issued upon appropriate showing, and may also be enforced by any peace officer.

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Part III: Fiscal Explanation, Bill Provisions, and Estimated Cost

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The fiscal impact of this legislation is expected to be minimal.

Since this legislation would authorize legal actions to prevent or restrain trespass without the payment of costs or fees by owners of residential property who are over 55 years old or who adults under KRS 209.020, peace officers who generally charge a fee for the service of process or enforcement of a court order would not be able to do so. The service of process or enforcement of these orders will involve additional staff time and use of law enforcement vehicles, but the exact amount of additional costs is indeterminable. It is expected that the additional costs would be minimal.

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Data Source(s): / LRC staff
Preparer: / Tom Troth / Reviewer: / Date:

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