senate Bill S5347A

2015-2016 Legislative Session

Provides for the delivery of a notice of enforcement of a lien upon a self-storage facility

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
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

Co-Sponsors

S5347 - Details

See Assembly Version of this Bill:
A3411
Current Committee:
Senate Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7576, A9960
2017-2018: S4992, A6635

S5347 - Summary

Provides for the delivery of a notice of enforcement of a lien upon a self-storage facility.

S5347 - Sponsor Memo

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

S5347A (ACTIVE) - Details

See Assembly Version of this Bill:
A3411
Current Committee:
Senate Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7576, A9960
2017-2018: S4992, A6635

S5347A (ACTIVE) - Summary

Provides for the delivery of a notice of enforcement of a lien upon a self-storage facility.

S5347A (ACTIVE) - Sponsor Memo

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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