LIENS/SELF-SERVICE STORAGE FACILITIES.

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.

Status: Ch. SL 2013-239 (House Action) (Jul 3 2013)

SOG comments (3):

Identical bill

Identical to S 263, filed 3/12/13.

Long title change.

House amendment #2 changes the long title. The long title originally was: 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 BY REGULAR AND 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 LATE FEES FOR SELF-STORAGE FACILITY RENTAL CONTRACTS.

Long title change

The Senate committee substitute to the 3rd edition futher amends the long title. The previous long title was: 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 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 LATE FEES FOR SELF-STORAGE FACILITY RENTAL CONTRACTS.

Bill History:

H 243/S.L. 2013-239

Bill Summaries:

  • Summary date: Jul 8 2013 - More information

    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.


  • Summary date: Jun 17 2013 - More information

    Conferees concur in the Senate Committee Substitute (4th edition) without any changes.


  • Summary date: Apr 30 2013 - More information

    Senate committee substitute to the 3rd edition makes the following changes. Amends GS 44A-40 to add definitions of independent bidder and verified electronic mail. Amends GS 44A-43 to clarify that notices may be sent by electronic mail if the occupant has made an election in the rental agreement to receive notice by electronic mail. Provides that for notice of public sale given by the lienor no less than 20 days before the sale, notice given by verified electronic mail is presumed delivered when it is transmitted. Makes conforming and clarifying changes. Amends the title.


  • Summary date: Apr 2 2013 - More information

    House amendment #2 makes the following changes to the 2nd edition.

    Changes long title.

    Amends GS 44A-43(c), providing that not less than 20 days prior to the public sale, the lienor will issue a notice to the person having a security interest in the property by certified mail, or by verified electronic mail if the occupant makes an election in the rental agreement that notice will be given in that manner. This notice will be presumed to be delivered when it is properly addressed, first-class postage prepaid and deposited with the USPS or sent by verified electronic mail to the occupant's last known address.

    House amendment #3 makes the following change to the 2nd edition.

    Amends GS 66-306 (Late fees), establishing that the applicable late fees for rental contracts in which a definite time for payment of the rent is fixed will not exceed $15 or 15% of the rental payment for each rental unit, whichever is greater.


  • Summary date: Mar 26 2013 - More information

    House amendment to the 2nd edition makes the following changes. Changes the act's effective date to October 1, 2013 (was, when the act becomes law). Specifies that the amendments to GS 66-306 apply only to contracts entered into on or after October 1, 2013.


  • Summary date: Mar 20 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Assertsthat providing notice of the public saleof personal propertybya lienor via first class mailand electronic mail, ifavailable (was, first class mail or electronic mail), is acceptable.

    Makesa conforming change to the title,substituting the phrase regular and electronic mailfor regular or electronic mail.

    Clarifies that the sale is to be conducted in a commercially reasonable manner as defined in GS 25-9-627.


  • Summary date: Mar 6 2013 - More information

    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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