SB 1389 — AN ACT AUTHORIZING CERTAIN ORDINANCES CONCERNING STREET TAKEOVERS.

Senate General Assembly RaisedFile Bill No.

1389486 January Session, 2025 LCOSenate Bill No.

53891389 ReferredSenate, toApril 3, 2025 The Committee on PUBLICPublic SAFETYSafety ANDand SECURITYSecurity Introducedreported by:through SEN.

(PS)GASTON ANof ACTthe AUTHORIZING23rd CERTAINDist., ORDINANCESChairperson CONCERNINGof STREETthe TAKEOVERS.Committee on the part of the Senate, that the bill ought to pass.

AN ACT AUTHORIZING CERTAIN ORDINANCES CONCERNING STREET TAKEOVERS.

(c) No motor vehicle shall be forfeited under an ordinance adopted pursuant to this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonablySB1389 known/ thatFile such motor vehicle was being used or was LCO 5389 1 of 2 Raised Bill No.

1389486 intended1 toSB1389 beFile usedNo. in violation of a municipal ordinance.

486 reasonably known that such motor vehicle was being used or was intended to be used in violation of a municipal ordinance.

Section 1 October 1, 2025 New section PS Joint Favorable LCOSB1389 5389/ 2File ofNo. 2

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486 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

Municipalities Effect FY 26 $ FY 27 $ All Municipalities Potential See Below See Below Cost Various Municipal Police Potential See Below See Below Departments;

Various Revenue Municipalities Gain Explanation The bill allows municipalities to (1) adopt an ordinance prohibiting street takeovers and (2) seize vehicles used to violate the ordinance and sell them at a public auction.

The bill results in a potential cost to municipalities beginning in FY to the extent they choose to adopt this ordinance to enforce the ordinance and sell vehicles at the public auction.

There is also a potential revenue gain to municipal police departments beginning in FY 26 associated with the sale of vehicles at an auction as the bill requires these funds be used to support the municipality's police department or the resident state trooper serving the municipality.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

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486 OLR Bill Analysis SB 1389 AN ACT AUTHORIZING CERTAIN ORDINANCES CONCERNING STREET TAKEOVERS.

SUMMARY This bill allows municipalities to prohibit, by ordinance, a person from organizing, participating in, or gathering with intent to observe and actually observing a street takeover.

The ordinance may allow the municipality to seize and deem forfeited any motor vehicle used in a street takeover that violates the ordinance.

As under existing law, a “street takeover” means taking over a portion of a public highway or parking area by blocking or impeding the regular flow of traffic with intent to cause disorder or create a nuisance for other users of the highway or parking area.

The bill’s forfeiture provisions are subject to any bona fide lien, lease, or security interest.

The bill protects an owner or lienholder’s interest when forfeiture is due to someone else’s act or omission if the owner or lienholder did not know, and could not have reasonably known, that the vehicle was used or was intended to be used in violation of a municipal ordinance.

Under the bill, any motor vehicle ordered forfeited under an ordinance must be sold at a public auction the municipality conducts.

The sale proceeds must be paid to the municipality’s treasurer, who must deposit the proceeds into the municipality’s general fund or inany special fund the municipality designates and uses to support the municipality’s police department or the resident state trooper serving the municipality.

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486 EFFECTIVE DATE:

October 1, 2025 COMMITTEE ACTION Public Safety and Security Committee Joint Favorable Yea 29 Nay 0 (03/18/2025) SB1389 / File No.

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