| 1 | 1 | | General Assembly Raised Bill No. 332 |
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| 2 | 2 | | February Session, 2012 LCO No. 1727 |
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| 3 | 3 | | *01727_______ET_* |
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| 4 | 4 | | Referred to Committee on Energy and Technology |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (ET) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 332 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2012 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 1727 |
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| 15 | 15 | | |
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| 16 | 16 | | *01727_______ET_* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Energy and Technology |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (ET) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING UTILITY SERVICE TERMINATION AND THE APPOINTMENT OF A RECEIVER. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (a) of section 16-262c of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) Notwithstanding any other provision of the general statutes no electric, electric distribution, gas, telephone or water company, no electric supplier or certified telecommunications provider, and no municipal utility furnishing electric, gas, telephone or water service shall cause cessation of any such service by reason of delinquency in payment for such service (1) on any Friday, Saturday, Sunday, legal holiday or day before any legal holiday, provided such a company, electric supplier, certified telecommunications provider or municipal utility may cause cessation of such service (A) to a nonresidential account on a Friday which is not a legal holiday or the day before a legal holiday when the business offices of the company, electric supplier, certified telecommunications provider or municipal utility are open to the public the succeeding Saturday, and (B) to a residential account that is not a hardship case on a Friday which is not a legal holiday or the day before a legal holiday when (i) the business offices of the company, electric supplier, certified telecommunications provider or municipal utility are open to the public the succeeding Saturday, (ii) the Public Utilities Regulatory Authority has determined that an adequate number of remote payment centers at which customers of such company, electric supplier, certified telecommunications provider or municipal utility may pay their bills are open on Saturdays, and (iii) the personnel sent to effect termination on such residential account on such a Friday are able to accept noncash payment from the customer seeking to avoid termination, (2) at any time during which the business offices of said company, electric supplier, certified telecommunications provider or municipal utility are not open to the public, or (3) within one hour before the closing of the business offices of said company, electric supplier or municipal utility. |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 2. Section 16-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): |
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| 33 | 33 | | |
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| 34 | 34 | | (a) As used in this section: |
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| 35 | 35 | | |
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| 36 | 36 | | (1) "Nursing home facility" shall have the same meaning as in section 19a-521; and |
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| 37 | 37 | | |
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| 38 | 38 | | (2) "Resident care fees" means any payment made by a resident of a nursing home facility, or on behalf of such resident, for such resident's care or living quarters. |
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| 39 | 39 | | |
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| 40 | 40 | | [(a)] (b) (1) Upon default of the owner, agent, lessor or manager of a residential dwelling or a nursing home facility who is billed directly by an electric, electric distribution, gas or telephone company or by a municipal utility for electric or gas utility service furnished to such building, such company or municipal utility or electric supplier providing electric generation services may petition the Superior Court or a judge thereof, for appointment of a receiver of the rents or payments for use and occupancy or common expenses, as defined in section 47-202, for any dwelling or resident care fees for any nursing home facility, for which the owner, agent, lessor or manager is in default. The court or judge shall forthwith issue an order to show cause why a receiver should not be appointed, which shall be served upon the owner, agent, lessor or manager or his agent in a manner most reasonably calculated to give notice to such owner, agent, lessor or manager as determined by such court or judge, including, but not limited to, a posting of such order on the premises in question. Such company, municipal utility or electric supplier shall not terminate service to such nursing home facility for a period of sixty days after filing such petition, provided such company, municipal utility or electric supplier may terminate such service during such period if such petition is denied. |
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| 41 | 41 | | |
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| 42 | 42 | | (2) A hearing shall be had on such order no later than seventy-two hours after its issuance or the first court day thereafter. The sole purpose of such a hearing shall be to determine whether there is an amount due and owing between the owner, agent, lessor or manager and the company, electric supplier or municipal utility. The court shall make a determination of any amount due and owing and any amount so determined shall constitute a lien upon the real property of such owner. A certificate of such amount may be recorded in the land records of the town in which such property is located describing the amount of the lien and the name of the party in default. When the amount due and owing has been paid the company, electric supplier or municipality shall issue a certificate discharging the lien and shall file the certificate in the land records of the town in which such lien was recorded. |
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| 43 | 43 | | |
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| 44 | 44 | | (3) The receiver appointed by the court shall collect all rents or payments for use and occupancy or common expenses or resident care fees forthcoming from or paid on behalf of the occupants or residents of the building or facility in question in place of the owner, agent, lessor, manager or administrator. |
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| 45 | 45 | | |
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| 46 | 46 | | (4) The receiver shall pay the petitioner or other supplier, from such rents or payments for use and occupancy or common expenses or resident care fees, for electric, gas, telephone, water or heating oil supplied on and after the date of his appointment. The owner, agent, lessor or manager shall be liable for such reasonable fees and costs determined by the court to be due the receiver, which fees and costs may be recovered from the rents or payments for use and occupancy under the control of the receiver, provided no such fees or costs shall be recovered until after payment for current electric, gas, telephone and water service and heating oil deliveries has been made. The owner, agent, lessor or manager shall be liable to the petitioner for reasonable attorney's fees and costs incurred by the petitioner, provided no such fees or costs shall be recovered until after payment for current electric, gas, telephone and water service and heating oil deliveries has been made and after payments of reasonable fees and costs to the receiver. Any moneys from rental payments or payments for use and occupancy or common expenses or resident care fees remaining after payment for current electric, gas, telephone and water service or heating oil deliveries, and after payment for reasonable costs and fees to the receiver, and after payment to the petitioner for reasonable attorney's fees and costs, shall be applied to any arrearage found by the court to be due and owing the company, electric supplier or municipal utility from the owner, agent, lessor or manager for service provided such building. Any moneys remaining thereafter shall be turned over to the owner, agent, lessor or manager. The court may order an accounting to be made at such times as it determines to be just, reasonable, and necessary. |
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| 47 | 47 | | |
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| 48 | 48 | | [(b)] (c) Any receivership established pursuant to subsection [(a)] (b) of this section shall be terminated by the court upon its finding that the arrearage which was the subject of the original petition has been satisfied, or that all occupants have agreed to assume liability in their own names for prospective service supplied by the petitioner, or that the building has been sold and the new owner has assumed liability for prospective service supplied by the petitioner. |
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| 49 | 49 | | |
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| 50 | 50 | | [(c)] (d) Nothing in this section shall be construed to prevent the petitioner from pursuing any other action or remedy at law or equity that it may have against the owner, agent, lessor or manager. |
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| 51 | 51 | | |
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| 52 | 52 | | [(d)] (e) Any owner, agent, lessor or manager who collects or attempts to collect any rent or payment for use and occupancy from any occupant of a building subject to an order appointing a receiver shall be found, after due notice and hearing, to be in contempt of court. |
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| 53 | 53 | | |
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| 54 | 54 | | [(e)] (f) If a proceeding is initiated pursuant to sections 47a-14a to 47a-14h, inclusive, or sections 47a-56 to 47a-56i, inclusive, or if a receiver of rents is appointed pursuant to chapter 735a or pursuant to any other action involving the making of repairs to residential rental property under court supervision, rent or use and occupancy payments shall be made pursuant to such proceeding or action without regard to whether such proceeding or action is initiated before or after a receivership is established under this section, and such proceeding or action shall take priority over a receivership established under this section in regard to expenditure of such rent or use and occupancy payments. |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | |
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| 58 | 58 | | |
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| 59 | 59 | | This act shall take effect as follows and shall amend the following sections: |
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| 60 | 60 | | Section 1 July 1, 2012 16-262c(a) |
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| 61 | 61 | | Sec. 2 July 1, 2012 16-262f |
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| 62 | 62 | | |
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| 63 | 63 | | This act shall take effect as follows and shall amend the following sections: |
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| 64 | 64 | | |
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| 65 | 65 | | Section 1 |
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| 66 | 66 | | |
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| 67 | 67 | | July 1, 2012 |
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| 68 | 68 | | |
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| 69 | 69 | | 16-262c(a) |
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| 70 | 70 | | |
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| 71 | 71 | | Sec. 2 |
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| 72 | 72 | | |
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| 73 | 73 | | July 1, 2012 |
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| 74 | 74 | | |
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| 75 | 75 | | 16-262f |
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| 76 | 76 | | |
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| 77 | 77 | | Statement of Purpose: |
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| 78 | 78 | | |
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| 79 | 79 | | To permit utility termination on certain Fridays and to allow utility companies to seek appointment of a receiver for certain nursing home facilities. |
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| 80 | 80 | | |
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| 81 | 81 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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