California 2009-2010 Regular Session Status: To Executive

SB 1035 — Municipal utility district: utility charges: delinquencies.

Last action — Chaptered by Secretary of State. Chapter 485, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The existing Municipal Utility District Act authorizes the formation of a municipal utility district. The act authorizes a district to acquire, construct, own, operate, control, or use works for supplying the inhabitants of the district and public agencies with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter. The act authorizes a municipal utility district, by resolution or ordinance, to require the owner of record of privately owned real property within the district to pay the fees, tolls, rates, rentals, or other charges for certain utility services rendered to a lessee, tenant, or subtenant, and provides that those charges that have become delinquent, together with interest and penalties, are a lien on the property when a certificate is filed by the district in the office of the county recorder and that the lien has the force, effect, and priority of a judgment lien. The act exempts water and sewer services to residential property and electrical services from this provision. This bill, in addition to the above-described methods for collecting delinquent charges, would establish procedures, until January 1, 2016, for a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, through the tax roll, in the same manner as property taxes. The bill, until January 1, 2016, would authorize a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent charges, together with interest and penalties thereon, which would then constitute a lien against the affected real property of the delinquent property owner in that county and have the force, effect, and priority of a judgment lien. The bill, until January 1, 2016, would delete the above-described exemption for water and sewer services to residential property, thereby exempting only electrical services from these collection provisions. The bill would require any district that places a lien on a property for water or sewer service on or before December 31, 2014, to submit a report containing certain information to the Assembly and Senate Committees on Judiciary and to the Assembly and Senate Committees on Local Government on or before January 1, 2015. By requiring county auditors and recorders to undertake certain actions in response to the exercise of collection measures by a municipal utility district, the bill would impose a state-mandated local program. The bill would require a municipal utility district that exercises these collection measures to reimburse the county for the reasonable expenses incurred by the county. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 485, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:45 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 22. Noes 11. Page 4909.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 49. Noes 27. Page 6494.) To Senate.

  7. Read second time. To third reading.

  8. (Heard in committee on August 4.)

  9. From committee: Do pass. (Ayes 12. Noes 5.)

  10. (Heard in committee on June 29.)

  11. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.

  12. (Heard in Committee on June 16.)

  13. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 6. Noes 3.) Re-referred to Com. on JUD.

  14. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. GOV.

  15. To Coms. on L. GOV. and JUD.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 22. Noes 6. Page 3651.) To Assembly.

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 7. Noes 1. Page 3497.)

  20. Set for hearing May 10.

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  22. Set, first hearing. Hearing canceled at the request of author.

  23. Set for hearing May 3.

  24. Read second time. Amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 3184.)

  26. Set for hearing April 13.

  27. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 4. Noes 1. Page 3102.) Re-referred to Com. on JUD.

  28. Set for hearing April 7.

  29. To Coms. on L. GOV. and JUD.

  30. From print. May be acted upon on or after March 15.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hancock · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Hancock

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1035 Hancock

Passed 22 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 201007
Democratic 2000
Republican 0100
Total 221107
% of votes cast 55%28%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Wyland — Nay
Cogdill — Nay
Florez — Yea
Hancock — Yea
Lowenthal — Yea
Corbett — Yea
Ducheny — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Huff — Nay
Runner — Nay
Kehoe — Yea
Negrete — Not Voting
Leno — Yea
McLeod — Not Voting
Alquist — Yea
Blakeslee — Nay
Dutton — Nay
Oropeza — Not Voting
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Liu — Yea
Pavley — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 1035 Hancock Senate Third Reading By SKINNER

Passed 58 Yea · 30 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 542802
Republican 1200
Democratic 3000
Total 583002
% of votes cast 64%33%0%2%
How each member voted (90)
Member Party Vote
Conway — Nay
Furutani — Not Voting
Garrick — Nay
Hagman — Nay
Harkey — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Not Voting
Torrico — Yea
Villines — Nay
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Carter — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Evans — Yea
Feuer — Yea
Galgiani — Yea
Gatto — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Beall — Yea
Block — Yea
Huffman — Yea
Adams — Nay
Ammiano — Yea
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Nay
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Torlakson — Yea
Tran — Nay
Cook — Nay
Eng — Yea
Yamada — Yea
DeVore — Nay
Fuentes — Yea
Fuller — Nay
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Democratic 1000
Total 14500
% of votes cast 74%26%0%0%
How each member voted (19)
Member Party Vote
Gatto — Yea
Hall — Yea
Harkey — Nay
Conway — Nay
Charles — Yea
Miller — Nay
De — Yea
Leon — Yea
Norby — Nay
Solorio — Yea
Torrico — Yea
Bradford — Yea
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Senate 3rd Reading SB1035 Hancock

Passed 22 Yea · 6 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 205011
Democratic 2000
Republican 0100
Total 226011
% of votes cast 56%15%0%28%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Lowenthal — Yea
Runner — Nay
Negrete — Not Voting
Cogdill — Not Voting
Correa — Nay
Florez — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Leno — Yea
Dutton — Nay
Liu — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Ashburn — Not Voting
Harman — Not Voting
Kehoe — Yea
McLeod — Not Voting
Pavley — Yea
Simitian — Yea
Wiggins — Not Voting
Wyland — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7103
Total 7103
% of votes cast 64%9%0%27%
How each member voted (11)
Member Party Vote
Yee — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Leno — Yea
Walters — Nay
Wyland — Not Voting
Corbett — Not Voting
Cox — Yea
Denham — Not Voting

Official roll call →

Subjects

public-safety taxation housing
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Frequently asked questions

What does SB 1035 do?
The existing Municipal Utility District Act authorizes the formation of a municipal utility district. The act authorizes a district to acquire, construct, own, operate, control, or use works for supplying the inhabitants of the district and public agencies with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter. The act authorizes a municipal utility district, by resolution or ordinance, to require the owner of record of privately owned real property within the district to pay the fees, tolls, rates, rentals, or other charges for certain utility services rendered to a lessee, tenant, or subtenant, and provides that those charges that have become delinquent, together with interest and penalties, are a lien on the property when a certificate is filed by the district in the office of the county recorder and that the lien has the force, effect, and priority of a judgment lien. The act exempts water and sewer services to residential property and electrical services from this provision. This bill, in addition to the above-described methods for collecting delinquent charges, would establish procedures, until January 1, 2016, for a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, through the tax roll, in the same manner as property taxes. The bill, until January 1, 2016, would authorize a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent charges, together with interest and penalties thereon, which would then constitute a lien against the affected real property of the delinquent property owner in that county and have the force, effect, and priority of a judgment lien. The bill, until January 1, 2016, would delete the above-described exemption for water and sewer services to residential property, thereby exempting only electrical services from these collection provisions. The bill would require any district that places a lien on a property for water or sewer service on or before December 31, 2014, to submit a report containing certain information to the Assembly and Senate Committees on Judiciary and to the Assembly and Senate Committees on Local Government on or before January 1, 2015. By requiring county auditors and recorders to undertake certain actions in response to the exercise of collection measures by a municipal utility district, the bill would impose a state-mandated local program. The bill would require a municipal utility district that exercises these collection measures to reimburse the county for the reasonable expenses incurred by the county. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 1035?
SB 1035 is sponsored by Hancock.
What is the current status of SB 1035?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1035?
Track SB 1035 free on One Click Politics — get push/email alerts when it moves.

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