BILL NUMBER: SB 476	ENROLLED
	BILL TEXT

	PASSED THE SENATE   AUGUST 19, 1999
	PASSED THE ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 29, 1999
	AMENDED IN ASSEMBLY   JUNE 24, 1999
	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, Chesbro.  Mobilehomes:  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.  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
liquified petroleum gas if the management of the park does not permit
the purchase of 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 liquified petroleum gas sold
by it.


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


  SECTION 1.  The Legislature finds and declares as follows:
   (a) 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 liquified petroleum gas, thereby
requiring mobilehome owners or tenants to purchase liquified
petroleum gas from the mobilehome park owner.  The park owner usually
monitors the mobilehome owners' or tenants' use of liquified
petroleum gas through a master meter and submeter.
  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 liquified petroleum gas
for use in the mobilehome park from someone other than the
mobilehome park management shall not sell 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 liquified petroleum gas.
   (b) The management of a park shall post in a visible location the
actual price paid by management for  liquified petroleum gas sold
pursuant to subdivision (a).
   (c) This section shall apply only to mobilehome parks regulated
under the Mobilehome Residency Law.  This 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.
   (d) Nothing in this section is intended to abrogate any rights
which mobilehome park owners may have under Section 798.31 of the
Civil Code.