Delinquent sewer charges; lien on property, delinquent charges. (SB542)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Delinquent sewer charges; lien; unlimited time. Allows a sewer authority that provides only sewer service to place a lien on the property receiving the service in the amount of any number of months of delinquent charges. Current law allows the placement of liens in the amount of up to three months of delinquent water and sewer charges. Read the Bill »

Status

03/05/2016: Passed the General Assembly

History

DateAction
01/13/2016Prefiled and ordered printed; offered 01/13/16 16102424D
01/13/2016Referred to Committee on Local Government
02/09/2016Reported from Local Government with amendments (9-Y 4-N) (see vote tally)
02/11/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/12/2016Read second time
02/12/2016Reading of amendments waived
02/12/2016Committee amendments agreed to
02/12/2016Engrossed by Senate as amended SB542E
02/12/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/12/2016Passed by for the day
02/12/2016Printed as engrossed 16102424D-E
02/15/2016Read third time and passed Senate (37-Y 2-N) (see vote tally)
02/17/2016Placed on Calendar
02/17/2016Read first time
02/17/2016Referred to Committee on Counties, Cities and Towns
02/18/2016Assigned CC & T sub: Subcommittee #2
02/24/2016Subcommittee recommends reporting (10-Y 0-N)
02/26/2016Reported from Counties, Cities and Towns (21-Y 1-N) (see vote tally)
02/29/2016Read second time
03/01/2016Read third time
03/01/2016Passed House (90-Y 4-N)
03/01/2016VOTE: PASSAGE (90-Y 4-N) (see vote tally)
03/02/2016Enrolled
03/02/2016Bill text as passed Senate and House (SB542ER)
03/02/2016Signed by Speaker
03/05/2016Signed by President
03/07/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/07/2016Enrolled Bill Communicated to Governor on 3/7/2016
03/07/2016G Governor's Action Deadline Midnight, Sunday, April 10 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 6 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Bryce Reeves (R-Spotsylvania): STALKING WITHOUT RECEIVING ACTUAL NOTICE TO THE CONDUCT REPORT VICTIM. I WOULD ASK THAT THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL SENATE BILL 339 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Bryce Reeves (R-Spotsylvania): AYES 38, NOS 0.

[Unknown]: AYES 38, NOS 0. THE BILL PASSES. SENATE BILL 542. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I MOVE THAT THE BILL PASS AND SPEAKING TO THE BILL.

[Unknown]: THE THE SENATOR HAS THE FLOOR.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, MEMBERS OF THE SENATE THIS IS A PARTICULARLY EXCITING BILL DEALING WITH SEWER LIENS. I HAVE THE PRIVILEGE OF -- IT DOES STINK. THE PRIVILEGE OF REPRESENTING A COUNTY THAT IS SO SMALL IT DOESN'T HAVE A WATER AND SEWER SYSTEM. IT HAS A SEWER SYSTEM IN CERTAIN OF ITS LOCALITIES AND THE NORMAL REMEDY FOR UNPAID WATER AND SEWER BILLS IS YOU CUT OFF THE JUNCTION THEY DON'T HAVE THE SAME OPTION WITH A SEWER SYSTEM. SO WE ARE TRYING TO GIVE THEM SOME OPTION AND WORKING WITH THE REALTORS AND OTHERS AND BANKING ASSOCIATION WE CAME UP WITH A PIECE OF LEGISLATION THAT I DON'T THINK EVERYBODY IS ENTIRELY HAPPY WITH BUT IT PREVENTS SITUATIONS OR LIMITS THE SITUATION IN WHICH LIENS COME TO EXIST. THE CONCERN WITH RESPECT TO THESE LIENS HAVING TENANTS AND PROPERTY NOT PAYING THEIR BILLS AND HAVING UNLIMITED LIENS ARISE FOR THE ABSENTEE PROPERTY OWNERS, THE LANDLORD. WHAT THIS DO HE WAS IS FOR DOEST LIMITS THE AMOUNT OF THE LIEN AND WITH RESPECT TO LAND OWNERS,


[Unknown]: RELATING TO SEWER AUTHORITIES; LIENS FOR DELINQUENT CHARGES. I MOVE THAT THE BILL PASS AND SPEAKING TO THE FLOOR. THE SENATOR HAS THE FLOOR. THIS IS THE MOST MOMENTOUS BILL AND DEALS WITH SEWER LIENS AND MR. PRESIDENT, AS I MENTIONED ON FRIDAY THIS BILL REALLY HELPS SOME OF THE SMALLER LOCALITIES THAT HAVE SEWER ONLY SERVICE AND DON'T HAVE THE OPTION OF CUTTING OFF THE WATER. THEY WOULD HAVE TO CUT OFF THE SEWER WHICH COMES WITH CERTAIN INHERENT PROBLEMS THAT RENDER IT UNDESIRABLE FOR SEWER SERVICE TO BE CUT OFF. THIS BILL BASICALLY ALLOWS LOCALITIES OR THE AUTHORITIES TO CLAIM A LIEN FOR SEWER CHARGES. IT PROTECTS LANDLORDS. IT PRESERVES THE STATUS QUO THAT WAS ADOPTED AS POLICY A NUMBER OF YEARS AGO THAT LIMITS THE LIEN FOR LANDLORDS TO THREE MONTHS. IT DOES NOT ALTER THAT IN ANY WAY, SHAPE OR FORM. SO IF A LANDLORD HAS A PIECE OF PROPERTY AND HIS TENANT DOESN'T PAY HIS SEWER CHARGES IN SOME OF THESE SMALL LOCALITIES THE LANDLORD EVEN IF THE AUTHORITY DOESN'T CUT OFF THE SEWER SERVICE FOR THE ENTIRE YEAR OR TWO YEARS OF THE TENANCY, THE SEWER AUTHORITY ONLY HAS A THREE MONTH LIEN. BUT IF IT IS AN OWNER OF THE PROPERTY THEY GET A LIEN FOR HOWEVER LONG THE UNPAID BILL REMAINS UNPAID. SO WITH THAT, I MOVE THAT THIS MOMENTOUS BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 542 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 37, NOS 2. AYES 37, NOS 2. THE BILLPASSES. THE SENATOR FROM J AMES CITY
REMAINED AND THE HOUSE DELETED THAT PROVE VISION TO MAKE IT CORRECTS WITH WITH THAT UNDERSTANDING, MR. PRESIDENT, I RENEW MY MOTION TO CONCUR IN THE HOUSE AMENDMENT. THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR IN THE HOUSE RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL. AYES 39, NOS 0. AYES 39, NOS 0. THE SENATE CONCURS WITH THE HOUSE AMENDMENT. SENATE BILL 427 PASSED THE HOUSE WITH AMENDMENT. SENATOR FROM NEWPORT NEWS, SENATOR MILLER. THANK YOU, MR. PRESIDENT. I MOVE WE CONCUR WITH THE HOUSE AMENDMENT AND SPEAKING TO THAT MOTION. THE SENATOR HAS THE FLOOR. THANK YOU, MR. PRESIDENT. MEMBERS OF THE SENATE, THIS IS