Bills · 2011-2012 Regular Session
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.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- 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
Full history
- Jun 13, 2011 · Assembly
Introduced by Representatives Jacque, Litjens, Ballweg, Bies, Krug, LeMahieu, Nygren, Thiesfeldt and Weininger
- Jun 13, 2011 · Assembly
Read first time and referred to committee on Energy and Utilities
- Jun 29, 2011 · Assembly
Fiscal estimate received
- Jul 20, 2011 · Assembly
Fiscal estimate received
- Dec 27, 2011 · Assembly
Assembly substitute amendment 1 offered by Representative Jacque
- Feb 28, 2012 · Assembly
Public hearing held
- Mar 23, 2012 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1