Bill Text: NC S263 | 2013-2014 | Regular Session | Amended
Bill Title: Liens/Self-Service Storage Facilities
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-03-13 - Ref to Commerce. If fav, re-ref to Finance [S263 Detail]
Download: North_Carolina-2013-S263-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 263*
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Short Title: Liens/Self‑Service Storage Facilities. |
(Public) |
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Sponsors: |
Senators Brown (Primary Sponsor); and Rabin. |
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Referred to: |
Commerce. |
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March 13, 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 by regular or 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.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 44A‑40 reads as rewritten:
"§ 44A‑40. Definitions.
As used in this Article, unless the context clearly requires otherwise:
(1) "Last known address" means that mailing address or e‑mail address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.
...
(5) "Personal property" means movable
property not affixed to land and includes, but is not limited to, goods,
merchandise, and household items.household items, and watercraft.
...
(8) "E‑mail" or "electronic mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks."
SECTION 2. G.S. 44A‑43 reads as rewritten:
"§ 44A‑43. Enforcement of self‑service storage facility lien.
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(b) Notice and Hearing:
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(1a) If the property upon which the lien is claimed is a
motor vehicle vehicle, watercraft, or trailer, and rent and other
charges related to the property remain unpaid or unsatisfied for 60 days
following the maturity of the obligation to pay rent, the lienor may have the
property towed. If a motor vehicle is towed as authorized in this subdivision,
the lienor shall not be liable for the motor vehicle or any damages to the
motor vehicle once the tower takes possession of the property.
(2) If the property upon which the lien is claimed is
other than a motor vehicle,vehicle, watercraft, or trailer, the
lienor following the expiration of the 15‑day period provided by
subsection (a) shall issue notice to the person having a security or other
interest in the property, if reasonably ascertainable, and to the occupant, if
different, at his last known address. Notice given pursuant to this subdivision
shall be presumed delivered when it is properly addressed, first‑class
postage prepaid, and deposited with the United States Postal Service.Service
or it is sent by electronic mail to the occupant's last known address.
...
(c) Public Sale. –
(1) Not less than 20 days prior to sale by public sale the lienor:
a. Shall cause notice to be delivered by certified
mailfirst‑class mail, postage prepaid, or electronic mail to
the person having a security interest in the property if reasonably
ascertainable, and to the occupant at the occupant's last known address. Notice
given pursuant to this subdivision shall be presumed delivered when it is
properly addressed, first‑class postage prepaid, and deposited with the
United States Postal Service.Service or sent by electronic mail to
the occupant's last known address.
b. Repealed by Session Laws 2009‑201, s. 1, effective October 1, 2009.
(1a) Not less than five days prior to sale by public
sale, the lienor shall publish notice of sale either (i) in a newspaper
of general circulation in the county where the sale is to be held. If there
is no newspaper of general circulation in the county where the sale is to be
held, notice of sale shall be published in any publication that accepts
classified advertisements and has a general circulation in the county where the
sale is to be held.held or (ii) in any other commercially reasonable
manner. The manner of advertisement shall be deemed commercially reasonable if
at least three independent bidders attend the sale at the time and place
advertised.
(2) The sale must be held on a day other than
Sunday and between the hours of 9:00 A.M. and 4:00 P.M.:
a. At the self‑service storage
facility or at the nearest suitable place to where the property is held or
stored; or
b. In the county where the obligation
secured by the lien was contracted for.
(2a) The sale shall be conducted in a commercially reasonable manner, including offering property to an audience of bidders through an online, publicly accessible auction Web site.
a. If the sale is a live auction conducted at the facility, the nearest suitable place where the property is held or stored, or in the county where the obligation secured by the lien was contracted for, the sale must be held on a day other than Sunday and between the hours of 9:00 A.M. and 4:00 P.M.
b. A lienor may purchase at public sale.
(3) A lienor may purchase at public sale.
(d) Notice of Sale. – The notice of sale
shall include:
(1) The name and address of the lienor;
(2) A statement to the effect that various
items of personal property are being sold pursuant to the assertion of a lien
for rental at the self‑service storage facility;
(3) The place, date, and time of the sale."
SECTION 3. G.S. 66‑306 reads as rewritten:
"§ 66‑306. Late fees.
(a) In all rental contracts in which a definite time
for the payment of the rent is fixed, the late fee for each rental unit shall
not exceed twenty dollars ($20.00) or fifteen percent (15%) twenty
percent (20%) of the rental payment payment, whichever is
greater, and shall not be imposed by the self‑service storage
business until the rental payment for that rental unit is five days or more
late.
...."
SECTION 4. This act is effective when it becomes law.
