Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 26, 2016 |
print number 5347a |
May 26, 2016 |
amend (t) and recommit to judiciary |
Jan 06, 2016 |
referred to judiciary |
May 13, 2015 |
referred to judiciary |
Senate Bill S5347A
2015-2016 Legislative Session
Sponsored By
(R, C) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
2015-S5347 - Details
2015-S5347 - Sponsor Memo
BILL NUMBER:S5347 PURPOSE: The purpose of the bill is to allow for more efficient modes of communi- cation 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 subdivi- sion 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 agree- ment. Section 3: Provides for this act to take effect immediately. EXISTING LAW:
2015-S5347 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5347 2015-2016 Regular Sessions I N S E N A T E May 13, 2015 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03797-01-5
co-Sponsors
(R, C, IP) Senate District
2015-S5347A (ACTIVE) - Details
2015-S5347A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5347A TITLE OF BILL : An act to amend the lien law, in relation to notice of enforcement of a lien on the goods in a self-storage facility 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", and "last known address". 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.
2015-S5347A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5347--A 2015-2016 Regular Sessions I N S E N A T E May 13, 2015 ___________ Introduced by Sens. LARKIN, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the lien law, in relation to notice of enforcement of a lien on the goods in a self-storage facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading and subdivisions 1, 2, 6 and 7 of section 182 of the lien law, as added by chapter 975 of the laws of 1983, are amended to read as follows: [Self-service storage] SELF-STORAGE facilities; lien. 1. Definitions. As used in this article: (a) ["Self-service storage] "SELF-STORAGE facility" means any real property or a portion thereof that is designed and used for the purpose of occupying storage space by occupants who are to have access thereto for the purpose of storing and removing personal property. The owner of a [self-service storage] SELF-STORAGE facility shall not be deemed to be a warehouseman as defined in the uniform commercial code. Except as provided in paragraph (b) of this subdivision, if an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of the uniform commercial code and the provisions of this section shall not be applicable. (b) "Owner" means a person, partnership or corporation which operates a [self-service storage] SELF-STORAGE facility, an agent, or any other person authorized by the owner to manage the facility or to receive storage fees from an occupant under an occupancy agreement. A warehouse- man may be an owner to the extent that any part of the building is oper- ated as a [self-service storage] SELF-STORAGE facility. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03797-04-6
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