SB 188 — Municipal utility district: utility charges: delinquencies.

Summary

(1) 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, in addition to the above-described methods, establishes 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 act, until January 1, 2016, authorizes 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 act, until January 1, 2016, requires a municipal utility district that exercises these collection measures to reimburse the county for the reasonable expenses incurred by the county. This bill would extend the operation of these provisions indefinitely. 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. (2) The act prohibits a municipal utility district from collecting delinquent fees or charges using the above-described collection measures for the furnishing of electrical services and, beginning January 1, 2016, for the furnishing of water or sewer service to residential property. This bill would permanently authorize a municipal utility district to collect delinquent fees or charges using the above-described collection measures for the furnishing of water or sewer service to residential property. (3) The act requires any district that places a lien on a property for water or sewer service on or before December 31, 2014, pursuant to the above-described collection measures, 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. This bill would delete this provision. (4) 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

• Chaptered 09/04/15 - Chaptered Current pdf September 04, 2015
• Enrolled 08/24/15 - Enrolled pdf August 24, 2015
• Amended 04/14/15 - Amended Senate pdf April 14, 2015
• Introduced 02/09/15 - Introduced pdf February 09, 2015
• SB188 View text html

Action History

1. September 04, 2015

   Chaptered by Secretary of State. Chapter 270, Statutes of 2015.

2. September 04, 2015

   Approved by the Governor.

3. August 26, 2015

   Enrolled and presented to the Governor at 4:30 p.m.

4. August 20, 2015

   In Senate. Ordered to engrossing and enrolling.

5. August 20, 2015

   Read third time. Passed. (Ayes 68. Noes 6. Page 2529.) Ordered to the Senate.

6. July 16, 2015

   Read second time. Ordered to third reading.

7. July 15, 2015

   From committee: Do pass. (Ayes 12. Noes 4.) (July 15).

8. June 30, 2015

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 30). Re-referred to Com. on APPR.

9. June 17, 2015

   From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 17). Re-referred to Com. on JUD.

10. May 28, 2015

    Referred to Coms. on L. GOV. and JUD.

11. May 14, 2015

    In Assembly. Read first time. Held at Desk.

12. May 14, 2015

    Read third time. Passed. (Ayes 31. Noes 4. Page 995.) Ordered to the Assembly.

13. May 05, 2015

    Read second time. Ordered to third reading.

14. May 04, 2015

    From committee: Do pass. (Ayes 7. Noes 0. Page 884.) (May 4).

15. April 24, 2015

    Set for hearing May 4.

16. April 22, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 727.) (April 21). Re-referred to Com. on APPR.

17. April 16, 2015

    Set for hearing April 21.

18. April 14, 2015

    Read second time and amended. Re-referred to Com. on JUD.

19. April 13, 2015

    From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 524.) (April 8).

20. March 19, 2015

    Set for hearing April 8.

21. February 19, 2015

    Referred to Coms. on GOV. & F. and JUD.

22. February 10, 2015

    From printer. May be acted upon on or after March 12.

23. February 09, 2015

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

Sponsors

• Bonilla · Cosponsor
• Hancock · Primary
• Wieckowski · Cosponsor
• Wolk · Cosponsor

Votes

Subjects