BILL NUMBER: SB 476	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MAY 26, 1999

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 18, 1999

   An act to add Section 798.44 to the Civil Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 476, as amended, Chesbro.  Mobilehomes:  liquid propane butane
sales.
   Existing law prohibits the management of a mobilehome park from
charging a fee for other than rent, utilities, and incidental
reasonable charges for services actually rendered.  Existing law also
requires management to post in a conspicuous place the prevailing
residential utilities rate schedule as published by the serving
utility if management provides both master meter and submeter service
of utilities to a homeowner.  Existing law provides that in the
absence of a rental agreement to the contrary, the park management
may elect to bill a homeowner separately for utility service fees and
charges assessed by the utility for services provided to or for
spaces in the park, including services for liquid propane gas.  These
utility fees and charges are not deemed to be included in the rent
for the space.
   This bill would prohibit the management of a mobilehome park from
charging the mobilehome owners and tenants within a park more than
110% of the actual price paid by the management of the park for
liquid propane butane if the management of the park does not permit
the purchase of liquid propane butane for use in the mobilehome park
from any other source other than the mobilehome park management.  The
management of a mobilehome park would be required to post the actual
price paid by management for liquid propane butane sold by it.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares as follows:
   (a) Liquid propane butane is a source of heat for mobilehome
owners and tenants within a mobilehome park.
   (b) Many mobilehome park owners do not permit mobilehome owners or
tenants to purchase their own liquid propane butane, thereby
requiring mobilehome owners or tenants to purchase liquid propane
butane from the mobilehome park owner.  The park owner usually
monitors the mobilehome owners' or tenants' use of liquid propane
butane through a master meter and submeter.
   (c) Mobilehome park owners have a right to sell liquid propane
butane to their tenants at a price which reflects a reasonable
profit.  
   (d) Nothing in Section 798.74 of the Civil Code is intended to
abrogate the right of a mobilehome park owner to charge a homeowner
any fee authorized by Section 798.31.
   (e) Section 798.74 of the Civil Code shall apply only to
mobilehome parks regulated under the Mobilehome Residency Law.  That
section shall not apply to recreational vehicle parks, as defined in
Section 18215 of the Health and Safety Code, which exclusively serve
recreational vehicles, as defined in Section 18010 of the Health and
Safety Code. 
  SEC. 2.  Section 798.44 is added to the Civil Code, to read:
   798.44.  (a) The management of a park that does not permit
mobilehome owners or park tenants to purchase liquid propane butane
for use in the mobilehome park from someone other than the mobilehome
park management shall not sell liquid propane butane to mobilehome
owners and tenants within the park at a cost which exceeds 110
percent of the actual price paid by the management of the park for
liquid propane butane.
   (b) The management of a park shall post in a visible location the
actual price paid by management for liquid propane butane sold
pursuant to subdivision (a).