H.B. 853 Summary

• Establishes a new chapter regulating shopping carts, shopping baskets, and similar devices to prevent unauthorized removal from business establishments and facilitate retrieval when lost, stolen, or abandoned.

• Requires business establishments to affix conspicuous identification signs to carts and baskets that identify the owner, notify the public that unauthorized removal is unlawful, and provide contact information for returns.

• Authorizes counties to impound carts and baskets found beyond business premises after three business days of owner notification, immediately if they impede emergency services, or immediately if abandoned on private property with owner consent.

• Allows counties to assess impound fees on business owners, but requires deferral of fees for the first three devices impounded per establishment per month if the owner has implemented security measures (electronic brakes, physical barriers, retrieval services, or security personnel).

• Grants business establishments the right to sue in small claims court for damages equal to the replacement value of removed devices and costs, and to seek injunctions against further unauthorized removals.