Indiana 2023 Regular Session

Indiana Senate Bill SB0114

Introduced
1/9/23  
Refer
1/9/23  
Refer
1/24/23  
Report Pass
2/2/23  
Engrossed
2/9/23  
Refer
2/28/23  
Report Pass
3/7/23  
Enrolled
3/13/23  
Passed
4/5/23  
Chaptered
4/5/23  

Caption

Receivership for past due utility bills.

Impact

The amendments articulated in SB0114 will significantly enhance the legal framework surrounding utility management, particularly for multifamily properties with more than four units. The provisions allow a utility provider, under specific conditions, to request a court-appointed receiver when property owners have not paid their utility invoices for an extended period. This change is expected to provide utilities with a more effective tool for recovering funds, thereby safeguarding service provision and supporting fiscal responsibility among property managers.

Summary

SB0114, known as the Receivership for Past Due Utility Bills Act, proposes amendments to the Indiana Code related to utility services. The bill establishes parameters under which a court can appoint a receiver to manage utility payments for multifamily residential properties that have delinquent accounts. This legislation aims to create a structured process for utilities to recoup unpaid bills from property owners who fail to meet their payment obligations, thus helping to ensure continuity of utility services for tenants.

Sentiment

Overall sentiment surrounding SB0114 appears to be mixed. Proponents emphasize the importance of ensuring that utilities are paid for the services they provide, which in turn provides stability to both the utilities and the tenants living in multifamily units. They argue that this is a necessary measure for accountability and financial health of utility providers. Conversely, critics raise concerns about potential overreach and the burden this might place on property owners, especially those struggling financially who may face more serious consequences, like receivership under a tighter regulatory framework.

Contention

Critics argue that the provisions allowing for receivership could lead to unintended consequences, such as evictions or increased rental prices as property owners face additional pressures to manage their utility expenses. The debate surrounding SB0114 thus centers on balancing the rights and responsibilities of utility providers with those of property owners and tenants, questioning whether the bill appropriately addresses both parties' interests without unduly penalizing either side.

Companion Bills

No companion bills found.

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