HB 454/LM (BR 234) - R. Rand
AN ACT relating to liens.
Create new sections of KRS 376 to authorize utilities that provide gas, electric, sewer or water service to retail business customers to impose a lien on their property for any outstanding charges and fees when utility bill is in arrears in excess of $50,000; allow the lien to take priority over a mortgage, contract lien, or bona fide conveyance under specific conditions; prescribe the contents of the statement of lien; prescribe the method of recording the lien and the duties of the county clerk in recording the lien; permit the clerk to receive a fee for compensation for recording the lien; prescribe a method of enforcing the lien; identify the parties to an equitable proceeding to enforce the lien and the duties of the master commissioner; allow the owner or claimant of property to file a bond for double the amount of the lien to discharge the lien; and define "retail business ratepayer," "charges," "service" and "utility."
HB 454 - AMENDMENTS
HCS/LM - Retain original provisions of HB 454; limit the type of utility eligible for obtaining a statutory lien to a municipal utility; limit the threshold for placement of the lien to a retail business ratepayer being $10,000 in arrears on a utility bill; define "public agency"; clarify that the utility sends a copy of the lien statement to the retail business ratepayer.
SCS/LM - Amend to limit the ability of the lien to attach to real property which has been leased to a customer of the utility.
SCA (1, T. Jensen) - Prohibit attachment of the utility lien to the real property of a lessor when leased to the retail business ratepayer.
Feb 18-introduced in House
Feb 22-to Tourism Development & Energy (H)
Feb 23-posted in committee
Mar 11-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Mar 12-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Monday, March 15, 2010
Mar 15-3rd reading, passed 96-0 with Committee Substitute
Mar 16-received in Senate
Mar 17-to Judiciary (S)
Mar 23-taken from committee; 1st reading; returned to Judiciary (S)
Mar 24-taken from committee; 2nd reading; returned to Judiciary (S)
Mar 25-reported favorably, to Rules as a Consent bill with committee amendment (1)
Apr 14-taken from Rules Committee; returned to Judiciary (S); reported favorably, to Rules as a Consent bill with Committee Substitute ; posted for passage in the Consent Orders of the Day for Wednesday, April 14, 2010; 3rd reading; committee amendment (1) withdrawn ; passed 36-2 with Committee Substitute ; received in House; to Rules (H); taken from Rules Committee; posted for passage for concurrence in Senate Committee Substitute, committee amendment (1) ; House concurred in Senate Committee Substitute ; passed 100-0
Apr 15-enrolled, signed by each presiding officer; delivered to Governor
Apr 26-signed by Governor (Acts ch. 169)