Senate Bill 517

Collection of certain utility arrearages by a municipal utility and the provision of municipal utility service to tenants. (FE)

Became law

The governor signed it on Apr 17, 2014. It's ⁠.

Introduced, passed

Jan 27, 2014
Committee, passed

Approved
Senate vote, passed

Passed Feb 18, 2014
Assembly vote, passed

Passed Mar 18, 2014
Governor, passed

Signed
Law, here now

2013 Wisconsin Act 274

Latest entry in the official record, Apr 17, 2014: “Published 4-17-2014”

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Cost estimate

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Roll call

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, if a municipal utility provides utility service to a property and payment for the service is in arrears, the utility has a lien on the property and may have arrearages inserted as a tax on the property if the following procedure is followed. On October 15, the utility or county treasurer must provide the owner or occupant of the property with a written notice of payment due. The notice must specify the amount of the arrearage and any penalty and must state that: 1) if payment is not received by November 1, an additional penalty will be assessed; and 2) 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. On November 16, the utility or treasurer must certify and file with the county clerk a list of all properties for which a notice of arrears was given and for which arrears remain unpaid. The delinquent amount then becomes a lien upon the property and the clerk must insert the delinquent amount and any penalties as a tax against the property.

This bill provides that, if the municipal utility uses the arrearage collection procedure for a rental dwelling unit and provides a notice of arrearage to the owner, the municipality has a lien on the property of a tenant who is responsible for the arrearage. The utility or treasurer must then certify and file with the clerk of courts a list of those tenants. Also under this bill, if the owner pays the arrearage, the municipality must transfer the lien to the owner.

Read the full summary

Also under current law, if a municipal utility provides electric or water service to a rental dwelling unit and the owner of the rental property provides the utility with certain information, including the name and address of the tenant who is responsible for paying for utility service, the utility may use the arrearage collection procedure described above only if the utility follows certain additional procedures for notifying both the owner and the tenant about any payments that are past due.

This bill allows an owner of a rental unit to request that a municipal utility terminate electric service to a rental dwelling unit if the tenant's utility charges are past due and the tenant has received certain notices.

This bill also permits or requires certain actions of a municipal utility, including the following:

1) A municipal utility must refuse to establish electric utility service at a rental dwelling unit rented by a tenant if the tenant has outstanding past-due charges for utility service from the municipal utility, and must inform the owner of the rental unit of the past-due charges upon the owner's request.

2) A municipal utility is not required to offer a customer who is a tenant at a rental dwelling unit a deferred payment agreement.

3) A municipal utility may adopt application, deposit, disconnection, or collection rules and practices that distinguish between customers based upon whether the customer is an owner or a lessee of the property receiving utility service where the possibility exists for unpaid bills of a tenant to become a lien.

Under current law, if any person owes a debt of at least $20 to a county or municipality, and if the debt has been reduced to a judgment or the county or municipality has provided the debtor reasonable notice and an opportunity to be heard with regard to the debt, the county or municipality may certify the debt to the Department of Revenue (DOR) so that DOR may collect the debt by subtracting the debt amount from any tax refund owed to the debtor. Under current law, for purposes of certifying debt to DOR, a "municipality" means any city, village, or town, and includes any entity providing consolidated services among cities, villages, and towns.

Under the bill, if a municipality or owner of a rental dwelling unit has a lien against a tenant for unpaid utility services, the municipality or property owner may certify that debt to DOR so that DOR may collect the debt by subtracting the lien amount from any tax refund owed to the tenant.

Who's behind it

4 senators are its ⁠. All 4 are Republicans.

15 more lawmakers ⁠.

See all 19 names

Authors (4)

Glenn Grothman · Republican, Senate
Frank G. Lasee · Republican, Senate
Luther S. Olsen · Republican, Senate
Dale Schultz · Republican, Senate

Signed on in support (15)

Joan Ballweg · Republican, Senate
Garey Bies · Republican, Assembly
André Jacque · Republican, Senate
John Jagler · Republican, Senate
Robb Kahl · Democrat, Assembly
Scott Krug · Republican, Assembly
Bob Kulp · Republican, Assembly
John Murtha · Republican, Assembly
Don Pridemore · Republican, Assembly
Joe Sanfelippo · Republican, Assembly
Jim Steineke · Republican, Assembly
Pat Strachota · Republican, Assembly
Jeremy Thiesfeldt · Republican, Assembly
Paul Tittl · Republican, Assembly
Amy Sue Vruwink · Democrat, Assembly

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.