SB 188 California Senate · 2015-2016 Regular Session

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 status signed all 5 stages cleared
Introduction
Feb 2015
Committee Review
Jul 2015
Senate Passage
May 2015
Assembly Passage
Aug 2015
Signed into Law
Sep 2015
Introduced Feb 9, 2015 Signed Sep 4, 2015
Floor votes · Senate May 14, 2015 · Assembly Aug 20, 2015

How they voted

254
Passed · 3 other
Total votes 32
May 14, 2015
D Democratic22
21 Yea 1 Nay
95% Yea
R Republican10
4 Yea 3 Nay 3
40% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
6
Committee
9
Sep 4, 2015
Signed into law
Approved by the Governor.
legislature
Aug 20, 2015
Assembly · Passed
Assembly Vote: pass (61-6-5)
assembly
Jul 15, 2015
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 4.) (July 15).
lower
Jun 30, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 30). Re-referred to Com. on APPR.
lower
Jun 17, 2015
Committee
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 17). Re-referred to Com. on JUD.
lower
May 28, 2015
Committee
Referred to Coms. on L. GOV. and JUD.
lower
May 14, 2015
Senate · Passed
Senate Vote: pass (25-4-3)
senate
May 4, 2015
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 884.) (May 4).
upper
Apr 22, 2015
Committee
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.
upper
Apr 14, 2015
Committee
Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 13, 2015
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 524.) (April 8).
upper
Feb 19, 2015
Committee
Referred to Coms. on GOV. & F. and JUD.
upper
Feb 9, 2015
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors

Sponsors