SB 1035 California Senate · 2009-2010 Regular Session

Municipal utility district: utility charges: delinquencies.

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 status signed all 5 stages cleared
Introduction
Feb 2010
Committee Review
Aug 2010
Senate Passage
May 2010
Assembly Passage
Aug 2010
Signed into Law
Sep 2010
Introduced Feb 12, 2010 Signed Sep 29, 2010
Floor votes · Senate May 28, 2010 · Assembly Aug 23, 2010

How they voted

22–5
Passed · 10 other
Total votes 37
May 28, 2010
D Democratic25
21 Yea 1 Nay 3
84% Yea
R Republican12
1 Yea 4 Nay 7
33% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
9
Committee
9
Amendments
2
Sep 29, 2010
Signed into law
Approved by Governor.
legislature
Aug 25, 2010
Introduced
Senate concurs in Assembly amendments. (Ayes 22. Noes 11. Page 4909.) To enrollment.
upper
Aug 23, 2010
Assembly · Passed
Assembly Vote: pass (41-25-2)
assembly
Aug 5, 2010
Lower · Passed
(Heard in committee on August 4.)
lower
Aug 5, 2010
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 5.)
lower
Jun 29, 2010
Lower · Passed
(Heard in committee on June 29.)
lower
Jun 29, 2010
Committee
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.
lower
Jun 17, 2010
Lower · Passed
(Heard in Committee on June 16.)
lower
Jun 17, 2010
Committee
From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 6. Noes 3.) Re-referred to Com. on JUD.
lower
May 28, 2010
Senate · Passed
Senate Vote: pass (22-5-10)
senate
May 11, 2010
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 1. Page 3497.)
upper
Apr 20, 2010
Committee
Read second time. Amended. Re-referred to Com. on APPR.
upper
Apr 19, 2010
Upper · Passed
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 3184.)
upper
Apr 7, 2010
Committee
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.
upper
Feb 12, 2010
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Loni Hancock
Loni Hancock
DDemocratic
CA
9