SB 299 Allows certain people to enter abandoned property to secure it, remove trash and graffiti, and maintain the grounds, and provides immunity from civil and criminal liability
Sponsor: Curls
LR Number: 0351H.02C Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/8/2017 - Referred H Rules - Legislative Oversight Journal Page: H2233
Title: HCS SB 299 Calendar Position:
Effective Date: August 28, 2017
House Handler: Corlew

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Current Bill Summary


HCS/SB 299 - This act modifies provisions relating to real property.

SAWMILLS AND PLANING MILLS - Sec. 64.002, 65.702, and 89.020

This act requires that, for purposes of property zoning classifications, sawmills and planing mills shall be classified as agricultural property.

These provisions are identical to provisions of HCS/SB 114 (2017), provisions of HCS/SB 134 (2017), and HB 719 (2017).

REGULATION OF DOGS - Sec. 67.142

This act provides that the General Assembly shall be the sole body to retain authority to regulate specific breeds of dogs, and voids any existing or future regulation enacted by a village, town, or city. However, villages, towns, political subdivisions, and cities shall retain the authority to otherwise provide for the regulation of dogs without reference to a specific breed.

This provision is identical to a provision in HCS/SB 114 (2017) and substantially similar to HB 905 (2017), HCS/SB 146 (2017), HCS/SB 134 (2017), and HB 1811 (2016).

ABANDONED PROPERTY IN KANSAS CITY - Sec. 84.462

This act allows a person who is not the owner of real property in Kansas City or who is a creditor holding a lien interest on the property, and who suspects that the real property may be abandoned, to enter the premises to visually inspect the property to determine whether it is abandoned.

If the person makes a good faith determination based on the inspection that the property is abandoned, the person may secure the property, remove trash or debris from the grounds, landscape, maintain, or mow the grounds, and remove or paint over graffiti. This act defines what it means for a property to be "abandoned".

This act provides that the person is immune from claims of civil and criminal trespass and all other civil liability, unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct.

This act specifies that, in the case of real property that is subject to a mortgage or deed of trust, the creditor holding the debt secured by the mortgage or deed of trust may not enter the premises of the real property if entry is barred by an automatic stay issued by a bankruptcy court.

These provisions are identical to SB 742 (2016) and substantially similar to SB 228 (2015).

POSSESSION OF FIREARMS - Sec. 571.069

This act provides that a business which would prohibit the possession of firearms on its premises would assume custodial responsibility for the safety and defense of any person who is otherwise authorized to carry arms while such person is on the premises of the business. Such businesses would be held liable for injuries suffered by such persons as a result of the intentional or reckless conduct of third parties, including trespassers and wild or vicious animals.

This act authorizes such an individual who is injured on the premises of the business to bring suit against the business and, if successful, recover attorneys' fees, expert witness costs, and court costs.

These provisions are identical to HB 96 (2017) and similar to HB 2663 (2016).

JOHN GRANA