10RS HB454

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.

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)

Vote History

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