BILL NUMBER: SB 476	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   JUNE 22, 1999
	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   liquified petroleum gas  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   liquified petroleum gas
 if the management of the park does not permit the purchase of
 liquid propane butane   liquified petroleum gas
 for use in the mobilehome park from any other source other
than the mobilehome park management.  The management of a mobilehome
park would  also  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   Liquified
petroleum gas  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
  liquified petroleum gas  , thereby requiring
mobilehome owners or tenants to purchase  liquid propane
butane   liquified petroleum gas  from the
mobilehome park owner.  The park owner usually monitors the
mobilehome owners' or tenants' use of  liquid propane butane
  liquified petroleum gas  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  
   (c) Section 798.44  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   liquified petroleum gas  for use in the
mobilehome park from someone other than the mobilehome park
management shall not sell  liquid propane butane 
 liquified petroleum gas  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   liquified petroleum gas  .
   (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).   .
   (c) Nothing in this section is intended to abrogate any rights
which mobilehome park owners may have under Section 798.31 of the
Civil Code.