Bill

SB 1436

84(R) - 2015
Senate Intergovernmental Relations
Senate Intergovernmental Relations
Intergovernmental Affairs

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Judith Zaffirini

Bill Caption

Relating to the setback requirements for a junkyard or an automotive wrecking and salvage yard.

Fiscal Notes

No significant fiscal impact to the State or local governments is expected. 

Bill Analysis

SB 1436 seeks to prohibit a junkyard or an automotive wrecking and salvage yard from being located within 50 feet of the nearest property line of a residence. A junkyard or an automotive wrecking and salvage yard currently in operation would be grandfathered into the new regulations.

The current restrictions are set at 50 feet from a residence. This would push the boundary out to 50 feet from the property line.

Rep. Raymond is the House sponsor of this legislation. 

Vote Recommendation Notes

5/21/15 update:

This bill is substantively the same as when we reported on it in its original chamber. We continue to remain neutral on this legislation. 

First chamber recommendation:

SB 1436 would mandate that a new junkyard or an automotive wrecking and salvage yard be further away from residences and their property lines. This is a minor expansion of governmental regulation, but an expansion nonetheless. Still, because counties do not have ordinance-making authority, this is an issue that is legitimately under the legislature's purview.

The property rights of the junkyard or salvage yard owner must be balanced against the property rights of the neighbors who wish not to have the normal enjoyment of their own property, or the value of their property, diminished by a junkyard that is established too close to the residence.