|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 15, 2014||referred to judiciary|
senate Bill S7576
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7576 (ACTIVE) - Details
S7576 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7576 REVISED MEMO 05/22/2014 TITLE OF BILL: An act to amend the lien law, in relation to notice of enforcement of a lien PURPOSE: The purpose of the bill is to allow for more efficient modes of communication between owner and occupant in self storage operations to better serve the purpose of notifying occupants of their account status and other important information. SUMMARY OF PROVISIONS: Section 1: Provides definitions. Section 1 of the bill amends subdivision 1 of section 182 of the Lien Law by adding three new paragraphs defining "electronic mail", "verified mail", "verified electronic mail" and amending "last known address". Section 2: Amends subdivision 7 of section 182 of the Lien Law to allow that the owner's lien notice be personally delivered to the occupant, or sent by verified mail or verified electronic mail to the occupant's last known address provided by the occupant, pursuant to the occupancy agreement. Section 3: Provides for this act to take effect immediately.
S7576 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7576 I N S E N A T E May 15, 2014 ___________ Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the lien law, in relation to notice of enforcement of a lien THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 182 of the lien law is amended by adding four new paragraphs (f), (g), (h) and (i) to read as follows: (F) "ELECTRONIC MAIL" SHALL MEAN AN ELECTRONIC MESSAGE OR AN EXECUTA- BLE PROGRAM OR COMPUTER FILE THAT CONTAINS AN IMAGE OF A MESSAGE THAT IS TRANSMITTED BETWEEN TWO OR MORE COMPUTERS OR ELECTRONIC TERMINALS. SUCH TERM SHALL INCLUDE ELECTRONIC MESSAGES THAT ARE TRANSMITTED WITHIN OR BETWEEN COMPUTER NETWORKS. (G) "LAST KNOWN ADDRESS" SHALL MEAN THE POSTAL ADDRESS OR ELECTRONIC MAIL ADDRESS PROVIDED BY THE OCCUPANT IN THE LATEST OCCUPANCY AGREEMENT, OR THE POSTAL ADDRESS OR ELECTRONIC MAIL ADDRESS PROVIDED BY THE OCCU- PANT IN A SUBSEQUENT WRITTEN NOTICE OF A CHANGE OF ADDRESS. (H) "VERIFIED MAIL" SHALL MEAN ANY METHOD OF MAILING THAT IS OFFERED BY THE UNITED STATES POSTAL SERVICE OR PRIVATE DELIVERY SERVICE THAT PROVIDES EVIDENCE OF MAILING. (I) "VERIFIED ELECTRONIC MAIL" MEANS ELECTRONIC MAIL THAT IS TRANSMIT- TED TO AN E-MAIL ADDRESS THAT THE OCCUPANT HAS VERIFIED AS BEING THEIR OPERABLE E-MAIL ADDRESS AND HAS EXPRESSLY ELECTED TO RECEIVE NOTICE BY ELECTRONIC MAIL TO THAT ADDRESS. S 2. Subdivision 7 of section 182 of the lien law, as added by chapter 975 of the laws of 1983, is amended to read as follows: 7. Enforcement of lien. (A) An owner's lien may be enforced by public or private sale of the goods that have been removed from the storage space at a self-service storage facility, in block, or in parcel, at any time or place and on any terms which are commercially reasonable after notice to all persons known to claim an interest in the goods. The notice shall include an itemized statement of the amount due, the description of the property subject to the lien, the nature of the proposed sale, a demand for payment within a specified time not less EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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