BILL NUMBER: AB 2069 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Solorio
( Principal coauthor: Senator
Correa )
FEBRUARY 23, 2012
An act to amend Sections 5473.8, 5473.11, and 5474.6 of
the Health and Safety Code, and to amend Section 37212 of the Water
Code 4709 and 4856 of the Labor Code , relating
to property-related service charges workers'
compensation .
LEGISLATIVE COUNSEL'S DIGEST
AB 2069, as amended, Solorio. Sanitation, sewerage, and
water charges: collection. Workers' compensation:
peace officer benefits.
Existing law provides for the payment of a scholarship to
dependents of specified peace officers if the peace officer is killed
in the performance of his or her duty or if the officer suffers
death or permanent disability as a result of specified accidents or
injuries incurred in the performance of his or her duties. Existing
law also requires the employer of a peace officer who is killed in
the performance of his or her duty, or who suffers death as a result
of specified accidents or injuries, to continue providing health
benefits to the deceased employee's spouse unless the spouse elects
to receive a lump-sum survivor's benefit in lieu of monthly benefits.
This bill would extend these peace officer benefits to Sheriff's
Special Officers of the County of Orange.
Existing law authorizes various local public entities to prescribe
fees or other charges for services and facilities furnished by them
in connection with their water, sanitation, storm drainage, or
sewerage system, as well as for the privilege of connecting to these
sanitation or sewerage facilities. These charges, under specified
circumstances, may be collected on the tax roll in the same manner as
property taxes and the amount of the charges constitutes a lien
against the lot or parcel against which the charge has been imposed,
unless the real property has been transferred or conveyed to a bona
fide purchaser for value, or a lien of a bona fide encumbrancer for
value has been created and attached prior to the date upon which the
first installment of the property taxes would become delinquent.
This bill would instead require the transfer, conveyance, or
attachment to occur during the year prior to the date on which the
first installment of property taxes that evidence the charges appears
on the tax roll, in order to preclude the local public entity's lien
from attaching to the real property of the bona fide purchaser or
encumbrancer for value.
Existing law requires the charges for the above described services
and facilities to remain delinquent for 60 days and the imposing
entity to provide the assessee with notice of the delinquency, in
order for the charges to constitute a lien against the lot or parcel
of land for which the service was provided.
This bill would delete the 60 day delinquency and notice
requirements and, instead, authorize the amount of unpaid charges to
be secured at any time by filing a specified certificate in the
office of the county recorder. This bill would provide that the
amount required to be paid, with interest and a penalty, constitutes
a lien on all real property owned by the person or afterwards
acquired by him or her before the lien expires.
Existing law provides procedures for the collection of unpaid
charges by a water district for water or other services. These unpaid
charges become a lien on the parcel of land upon which the water and
other services were used, unless the real property has been
transferred or conveyed to a bona fide purchaser for value, or a lien
of a bona fide encumbrancer for value has been created and attached
prior to the date of which the first installment of taxes would
become delinquent.
This bill would require the transfer, conveyance, or attachment to
occur during the year prior to the date on which the first
installment of real property taxes that evidence the charges appears
on the tax roll, in order for the water district's lien to not attach
to the real property of the bona fide purchaser or encumbrancer for
value.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4709 of the Labor
Code is amended to read:
4709. (a) Notwithstanding any other provisions of
law, a dependent of a peace officer, as defined in Section
830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36,
830.37, 830.38, 830.39, 830.4, 830.5, or 830.6 of the Penal Code,
or a Sheriff's Special Officer of the County of Orange,
who is killed in the performance of duty or who dies or is totally
disabled as a result of an accident or an injury caused by external
violence or physical force, incurred in the performance of duty, when
the death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100) shall be entitled to a
scholarship at any qualifying institution described in subdivision
(l) of Section 69432.7 of the Education Code. The scholarship shall
be in an amount equal to the amount provided a student who has been
awarded a Cal Grant scholarship as specified in Chapter 1.7
(commencing with Section 69430) of Part 42 of Division 5 of Title 3
of the Education Code.
(b) A dependent of an officer or employee of the Department of
Corrections and Rehabilitation or the Department
of the Youth Authority Department of Corrections and
Rehabilitation, Division of Juvenile Justice, described in
Section 20403 of the Government Code who is killed in the performance
of duty, or who dies or is totally disabled as a result of an
accident or an injury incurred in the performance of duty, when the
death, accident, or injury is caused by the direct action of an
inmate, and is compensable under this division or Division 4.5
(commencing with Section 6100), shall also be entitled to a
scholarship specified in this section.
(c) Notwithstanding any other provisions of
law, a dependent of a firefighter employed by a county, city, city
and county, district, or other political subdivision of the state,
who is killed in the performance of duty or who dies or is totally
disabled as a result of an accident or injury incurred in the
performance of duty, when the death, accident, or injury is
compensable under this division or Division 4.5 (commencing with
Section 6100), shall also be entitled to a scholarship specified in
this section.
(d) Nothing in this section shall be interpreted to allow the
admittance of the dependent into a college or university unless the
dependent is otherwise qualified to gain admittance to the college or
university.
(e) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the Student Aid
Commission established by Article 2 (commencing with Section 69510)
of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education
Code.
(f) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of
Division 5 of Title 3 of the Education Code, any other grant, or any
fee waivers that may be provided by an institution of higher
education. The receipt of a Cal Grant award pursuant to Chapter 1.7
(commencing with Section 69430) of Part 42 of Division 5 of Title 3
of the Education Code, any other grant, or any fee waivers that may
be provided by an institution of higher education shall not preclude
a dependent from receiving a scholarship provided for by this
section.
(g) As used in this section, "dependent" means the children
(natural or adopted) or spouse, at the time of the death or injury,
of the peace officer, law enforcement officer, or firefighter.
(h) Eligibility for a scholarship under this section shall be
limited to a person who demonstrates financial need as determined by
the Student Aid Commission pursuant to Article 1.5 (commencing with
Section 69503) of Chapter 2 of Part 42 of Division 5 of Title 3 of
the Education Code. For purposes of determining financial need, the
proceeds of death benefits received by the dependent, including, but
not limited to, a continuation of income received from the Public
Employees' Retirement System, the proceeds from the federal Public
Safety Officers' Benefits Act, life insurance policies, proceeds from
Sections 4702 and 4703.5, any private scholarship where receipt is
predicated upon the recipient being the survivor of a deceased public
safety officer, the scholarship awarded pursuant to Section 68120 of
the Education Code, and any interest received from these benefits,
shall not be considered.
SEC. 2. Section 4856 of the Labor Code
is amended to read:
4856. (a) Whenever any local employee who is a firefighter, or
peace officer as described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or a Sheriff's
Special Officer of the County of Orange, is killed in the
performance of his or her duty or dies as a result of an accident or
injury caused by external violence or physical force incurred in the
performance of his or her duty, the employer shall continue providing
health benefits to the deceased employee's spouse under the same
terms and conditions provided prior to the death, or prior to the
accident or injury that caused the death, of the employee unless the
surviving spouse elects to receive a lump-sum survivors benefit in
lieu of monthly benefits. Minor dependents shall continue to receive
benefits under the coverage provided the surviving spouse or, if
there is no surviving spouse, until the age of 21 years. However,
pursuant to Section 22822 of the Government Code, the surviving
spouse may not add the new spouse or stepchildren as family members
under the continued health benefits coverage of the surviving spouse.
(b) Subdivision (a) also applies to the employer of any local
employee who is a firefighter, or peace officer as described in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who was killed in the performance of his or her duty or
who died as a result of an accident or injury caused by external
violence or physical force incurred in the performance of his or her
duty prior to September 30, 1996.
SECTION 1. Section 5473.8 of the Health and
Safety Code is amended to read:
5473.8. All laws applicable to the levy, collection, and
enforcement of general taxes of the entity, including, but not
limited to, those pertaining to the matters of delinquency,
correction, cancellation, refund and redemption, are applicable to
the charges authorized pursuant to this article, except that, if any
real property to which these charges relate has been transferred or
conveyed to a bona fide purchaser for value or a lien of a bona fide
encumbrancer for value has been created and attaches thereon during
the year prior to the date on which the first installment of the
general taxes that include the charges appears on the assessment
roll, then the lien which would otherwise be imposed by Section
5473.5 shall not attach to the real property and the charges relating
to this property shall be transferred to the unsecured roll of
collection.
SEC. 2. Section 5473.11 of the Health and
Safety Code is amended to read:
5473.11. (a) An entity shall notify the assessee shown on the
latest equalized assessment roll whenever delinquent and unpaid
charges for services which would become a lien on the property
pursuant to subdivision (b) remain delinquent and unpaid for 60 days.
(b) The amount of the unpaid charges may, in the discretion of the
entity, be secured at any time by filing for record in the office of
the county recorder of any county, a certificate specifying the
amount of the unpaid charges and the name and address of the person
liable therefor. From the time of recordation of the certificate, the
amount required to be paid together with interest and penalty
constitutes a lien upon all real property in the county owned by the
person or afterwards, and before the lien expires, acquired by him or
her. The lien shall have the force, priority, and effect of a
judgment lien and shall continue for 10 years from the date of the
filing of the certificate unless sooner released or otherwise
discharged. The lien may, within 10 years from the filing of the
certificate or within 10 years from the date of the last extension of
the lien in the manner herein provided, be extended by filing for
record a new certificate in the office of the county recorder of any
county and from the time of this filing the lien shall be extended to
the real property in this county for 10 years unless sooner released
or otherwise discharged.
SEC. 3. Section 5474.6 of the Health and Safety
Code is amended to read:
5474.6. (a) The tax collector shall include the amounts of the
installments of fees or charges and the interest on bills for taxes
levied against the respective lots and parcels of land. Thereafter,
all laws applicable to the levy, collection and enforcement of taxes
of the entity, including penalties and interest thereon and
cancellation or refund thereof, shall be applicable to those
installments of fees or charges and interest, except that, if any
real property to which the fees or charges relate has been
transferred or conveyed to a bona fide purchaser for value or a lien
of a bona fide encumbrancer for value has been created and attaches
thereon during the year prior to the date on which the first
installment of the general taxes that include the fees or charges
appears on the assessment roll, then the lien which would otherwise
be imposed by Section 5474.5 shall not attach to the real property
and the fees or charges and interest shall be transferred to the
unsecured roll for collection.
(b) The amount of the unpaid installments of fees or charges and
interest may, in the discretion of the entity, be secured at any time
by filing for record in the office of the county recorder of any
county, a certificate specifying the amount of the fees or charges
and interest and the name and address of the person liable therefor.
From the time of recordation of the certificate, the amount required
to be paid together with interest and penalty constitutes a lien upon
all real property in the county owned by the person or afterwards,
and before the lien expires, acquired by him or her. The lien shall
have the force, priority, and effect of a judgment lien and shall
continue for 10 years from the date of the filing of the certificate
unless sooner released or otherwise discharged. The lien may, within
10 years from the filing of the certificate or within 10 years from
the date of the last extension of the lien in the manner herein
provided, be extended by filing for record a new certificate in the
office of the county recorder of any county and from the time of this
filing the lien shall be extended to the real property in this
county for 10 years unless sooner released or otherwise discharged.
SEC. 4. Section 37212 of the Water Code is
amended to read:
37212. In case any charges for water or other services, or
either, remain unpaid:
(a) If unpaid for 60 days or more on July 1st, the district board
may, by resolution, order the secretary to do each of the following:
(1) Prepare a list of the parcels of land upon which water and
other services, or either, requested in writing by the owner of the
property, was used, and for which the charges remain unpaid.
(2) Certify that the list is true and correct.
(3) Submit the list of unpaid charges and parcels to the county
auditor no later than five days after the estimate of the district
board was furnished pursuant to Section 37206.
Upon receipt by the county auditor of the list and a certified
copy of the resolution, the amount of the unpaid charges attributed
to each parcel mentioned in the list shall constitute a special
assessment against the parcel, and shall be a lien on that property
for that amount. The lien attaches upon recordation in the office of
the county recorder of the county in which the property is situated
of a certified copy of the resolution of the district board
accompanied by a certified copy of the list specifically describing
the real property by a legal description or reference to an assessor'
s parcel number and specifying the amount applicable to each parcel.
The assessment shall be collected at the same time and in the same
manner as ordinary municipal ad valorem taxes are collected, and
shall be subject to the same penalties, and the same procedure and
sale in case of delinquency as provided for the taxes. All laws
applicable to the levy, collection, and enforcement of municipal ad
valorem taxes shall be applicable to the assessment, except that, if
any real property to which the lien would attach has been transferred
or conveyed to a bona fide purchaser for value or a lien of a bona
fide encumbrancer for value has been created and attached thereon
during the year prior to the date on which the first installment of
the taxes that include the assessment appears on the assessment roll,
then the lien which would otherwise be imposed by this section shall
not attach to the real property and the delinquent and unpaid
charges, as certified, relating to the property shall be transferred
to the unsecured roll for collection.
The county shall deduct from the charges collected an amount
sufficient to compensate the county for costs incurred in collecting
the delinquent and unpaid charges. The amount of this compensation
shall be fixed by agreement between the board of supervisors and the
district's board of directors.
(b) The amount of the unpaid charges may, in the discretion of the
district, be secured at any time by filing for record in the office
of the county recorder of any county, a certificate specifying the
amount of the charges and the name and address of the person liable
therefor.
From the time of recordation of the certificate, the amount
required to be paid together with interest and penalty constitutes a
lien upon all real property in the county owned by the person or
afterwards, and before the lien expires, acquired by him or her. The
lien has the force, priority, and effect of a judgment lien and shall
continue for 10 years from the date of the filing of the certificate
unless sooner released or otherwise discharged. The lien may, within
10 years from the filing of the certificate or within 10 years from
the date of the last extension of the lien in the manner herein
provided, be extended by filing for record a new certificate in the
office of the county recorder of any county and from the time of the
filing the lien shall be extended to the real property in this county
for 10 years unless sooner released or otherwise discharged.