Bill Summary for H 243 (2013-2014)

Summary date: 

Mar 6 2013
S.L. 2013-239

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 243 (Public) Filed Wednesday, March 6, 2013
A BILL TO BE ENTITLED AN ACT AUTHORIZING AN OWNER OF A SELF-STORAGE FACILITY WHO HAS A LIEN UPON PERSONAL PROPERTY TO DELIVER NOTICE OF THE PUBLIC SALE OF THE PROPERTY TO THE OCCUPANT BY CERTIFIED MAIL OR BY VERIFIED ELECTRONIC MAIL, TO PUBLISH NOTICE IN ANY COMMERCIALLY REASONABLE MANNER, AND TO CONDUCT THE SALE THROUGH AN ONLINE, PUBLICLY ACCESSIBLE AUCTION WEB SITE, AND TO INCREASE THE MINIMUM LATE FEES FOR SELF-STORAGE FACILITY RENTAL CONTRACTS.
Intro. by Stevens.

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Bill summary

As the title indicates.

Amends GS 44A-40 (Definitions)as follows: (1) provides that last known address means a mailing or email address, (2) personal property includes watercraft, and (3) adds a definition for email or electronic mail.

Amends provisions governing Notice and Hearing (GS 44A-43) to include notice and hearing criteria regarding property with a lien claimed for a motor vehicle, watercraft, or trailer (was, a motor vehicle) and property with a lien claimed for other than a motor vehicle, watercraft, or trailer. Makes a conforming change to include notice sent by electronic mail (was, notice only via the United States Postal Service).

Alsoprovides thatnotice via first class mail (was, certified mail) or electronic mail is acceptable regarding the sale of personal property by the lienor at public sale (was, notice only via the USPS). Permits the lienor to publish notice of sale not less thanfive days prior to public sale either in a newspaper of general circulation in the county of the sale or in any other commercially reasonable manner. Provides that the advertisement is deemed to be commercially reasonableif a minimum of three independent bidders attend the sale.

Permits the sale to be conducted at a live auction or via an online, publicly accessible auction web site.

Deletes subsection (d) of GS 44A-43 regarding the content of the Notice of Sale.

Amends GS 66-306 to provide that in rental contracts with a fixed time for payment of the rent, the late fee for a rental unit cannot be more than$20 or 20% (was, 15%) of the rental payment, whichever amount is greater.

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