Bill Text: CA AB2291 | 2023-2024 | Regular Session | Amended
Bill Title: Mobilehomes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-06-13 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2291 Detail]
Download: California-2023-AB2291-Amended.html
|
Amended
IN
Assembly
April 25, 2024 |
|
Amended
IN
Assembly
March 04, 2024 |
| Introduced by Assembly Member Alanis |
February 12, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Beginning January 1, 2019, and each subsequent year thereafter, existing law requires the department to assess upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park, to be paid at the time of payment of the annual operating fee imposed under the Mobilehome Parks Act. Existing law establishes the Mobilehome Dispute Resolution Fund for the receipt of moneys received pursuant to these provisions, and makes the fund available upon appropriation by the Legislature.
This bill would instead authorize the department to collect from the management of a mobilehome park the annual registration fee of $10, as described above, in the event
that the department and the Department of Finance agree that the fund can cover only 6 months of expenditures.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18803 of the Health and Safety Code is amended to read:18803.
(a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802, and which are not resolved pursuant to subdivision (g) of Section 18802, to those nonprofit legal services providers for possible enforcement action.(f)(1)A nonprofit legal services provider contracted with the department
pursuant to this section shall provide the department, in its role as the contract manager overseeing the performance of nonprofit legal services contracts, with full access to information
regarding the status of each case and the services provided to complainants.
(2)Laws relating to the attorney-client privilege or attorney work product doctrine that protect the confidentiality of communications or records shall not prevent disclosure pursuant to this subdivision.
(3)To the extent any information disclosed to the department includes confidential information subject to the attorney-client privilege or work product protection, disclosure pursuant to this subdivision shall not constitute a waiver of that privilege or protection.
(4)The department shall not disclose any confidential information received pursuant to this subdivision to anyone outside of the department.
(g)
(h)
(i)
(a)There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.
(b)(1)The department may collect from the management of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within the mobilehome park in the event that the department and Department of Finance agree that the fund can cover only six months of expenditures.
(2)The department shall collect the registration fee pursuant to this paragraph at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code).
(3)The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.
(c)Notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, within 90 days from payment of the registration fee to the department, management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof from the homeowner with
the rent payment and other charges due, except that management shall not aggregate or include the fee in the rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. The annual registration fee shall appear as a separate line item in the bill and shall be accompanied by a clear written description of the purpose of the charge to homeowners, along with contact information for the department.
The Legislature finds and declares that Section 1 of this act, which amends Section 18803 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act restricts public access to the personal information retained by the Department of Housing and Community Development to maintain trust and confidentiality in attorney-client interactions.
