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Bills · 2011-2012 Regular Session

AB 182

Died at session end Official bill text Atom feed

assignment of income, prizes, and earnings to pay a municipal court judgment and prohibiting municipal electric or water utilities from collecting certain utility arrearages from owners of rental properties as property liens.

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, if a person fails to pay a judgment ordered by a municipal

court, the court may do any of the following:

1. Defer any payment of the judgment for a period of time.

2. Allow the person to pay the judgment by making installment payments.

3. Order the person to perform community service work in lieu of paying the

judgment.

4. Suspend the person's driving privileges until the judgment is paid, including

taking possession of the person's license to drive.

This bill provides the court with another option by allowing the court to issue

an order assigning not more than 25 percent of the person's earnings, worker's

compensation, pension, and other money due to the person, including lottery prizes,

to pay an unpaid judgment.

Under current law, a municipal utility may collect arrearages for utility service

provided to lots or parcels of real estate by providing, on October 15, a written notice

of payment due to the owner or occupant of the real estate. The notice must specify

the amount of the arrearage and any penalty and must state the following: 1) that,

if payment is not received by November 1, an additional penalty will be assessed; and

2) that, if payment is not received by November 15, the arrearage amount and any

penalties will become a lien on the property that will be collected as a tax on the

property.

Also under current law, if a municipal utility provides electric or water service

to a rental dwelling unit, the municipal utility may use the arrearage collection

procedure described above only if the municipal utility follows certain additional

procedures for notifying both the owner and the tenant about any payments that are

past due. In addition, the municipal utility may use the arrearage collection

procedure only if the owner of the rental property provides the municipal utility with

written notification of the name and address of the owner, as well as of the tenant

who is responsible for paying for the service. Also, if requested by the municipal

utility, the owner must provide the municipal utility with a copy of the rental or lease

agreement in which the tenant assumes responsibility for payment of utility charges.

This bill prohibits a municipal utility that provides electric or water service to

a rental dwelling unit from using the arrearage collection procedure described above,

but only if the owner has provided the municipal utility with written notification of

the name and address of the owner, as well as of the tenant who is responsible for

paying for the service. A municipal utility may also request a copy of the rental or

lease agreement in which the tenant assumes responsibility for payment of utility

charges. However, after the owner has provided written notice of the owner's and

tenant's names and addresses, the municipal utility may not use the arrearage

collection procedure.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Ballweg (R) , Bies (R) , Jacque (R) , Krug (R) , LeMahieu (R) , Litjens (R) , Nygren (R) , Thiesfeldt (R) , Weininger (R)

Full history

  1. Jun 13, 2011 · Assembly

    Introduced by Representatives Jacque, Litjens, Ballweg, Bies, Krug, LeMahieu, Nygren, Thiesfeldt and Weininger

  2. Jun 13, 2011 · Assembly

    Read first time and referred to committee on Energy and Utilities

  3. Jun 29, 2011 · Assembly

    Fiscal estimate received

  4. Jul 20, 2011 · Assembly

    Fiscal estimate received

  5. Dec 27, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representative Jacque

  6. Feb 28, 2012 · Assembly

    Public hearing held

  7. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1