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2017 SESSION
SB 1189 Water and sewer services; liens, owners, lessees, or tenants.
Introduced by: John S. Edwards | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Water and sewer services; liens; owners, lessees, or tenants. Separates Code provisions regarding water and sewer services provided to lessees or tenants of real property from Code provisions regarding water and sewer services provided to owners of real property. The bill removes a locality's authority to waive a required written authorization by an owner for water or sewer services provided by a locality to a lessee or tenant. A copy of the lease between the lessee or tenant and the owner is acceptable authorization.
The bill provides that no lien can be placed on the property of an owner when a lessee or tenant has delinquent fees for water or sewer charges until the locality has made reasonable collection efforts and practices, including (i) applying the security deposit to the payment of the outstanding balance and (ii) either filing for the Setoff Debt Collection Program (§ 58.1-520 et seq.) or placing the account with a debt collection service. A lien against the lessee or tenant shall rank on a parity with a lien for unpaid taxes. When a locality does not require a security deposit from a lessee or tenant to obtain water and sewer services, the locality shall waive its lien rights against the property owner.
The bill also authorizes the locality or authority to provide a partial credit where excessive water and sewer charges result from an intentional cause. A locality or authority cannot deny service to a new lessee or tenant when there are unpaid fees for services to a previous lessee or tenant unless a lien against the property owner is placed on the property.
FULL TEXT
- 01/10/17 Senate: Prefiled and ordered printed; offered 01/11/17 17103817D pdf
- 01/27/17 Senate: Printed as engrossed 17103817D-E pdf
- 03/07/17 Senate: Bill text as passed Senate and House (SB1189ER) pdf
- 03/24/17 Governor: Acts of Assembly Chapter text (CHAP0736) pdf
AMENDMENTS
HISTORY
- 01/10/17 Senate: Prefiled and ordered printed; offered 01/11/17 17103817D
- 01/10/17 Senate: Referred to Committee for Courts of Justice
- 01/16/17 Senate: Rereferred from Courts of Justice (11-Y 0-N)
- 01/16/17 Senate: Rereferred to Local Government
- 01/24/17 Senate: Reported from Local Government with amendment (12-Y 1-N)
- 01/26/17 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/27/17 Senate: Read second time
- 01/27/17 Senate: Reading of amendment waived
- 01/27/17 Senate: Committee amendment agreed to
- 01/27/17 Senate: Engrossed by Senate as amended SB1189E
- 01/27/17 Senate: Printed as engrossed 17103817D-E
- 01/30/17 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/02/17 House: Placed on Calendar
- 02/02/17 House: Read first time
- 02/02/17 House: Referred to Committee for Courts of Justice
- 02/08/17 House: Assigned Courts sub: Civil Law
- 02/13/17 House: Subcommittee recommends reporting (9-Y 0-N)
- 02/20/17 House: Reported from Courts of Justice (21-Y 0-N)
- 02/21/17 House: Read second time
- 02/22/17 House: Read third time
- 02/22/17 House: Passed House BLOCK VOTE (100-Y 0-N)
- 02/22/17 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
- 03/07/17 Senate: Enrolled
- 03/07/17 Senate: Bill text as passed Senate and House (SB1189ER)
- 03/07/17 House: Signed by Speaker
- 03/10/17 Senate: Signed by President
- 03/13/17 Senate: Enrolled Bill Communicated to Governor on 3/13/17
- 03/13/17 Governor: Governor's Action Deadline Midnight, March 27, 2017
- 03/24/17 Governor: Approved by Governor-Chapter 736 (effective 7/1/17)
- 03/24/17 Governor: Acts of Assembly Chapter text (CHAP0736)