Connecticut 2012 Regular Session

Connecticut House Bill HB05088 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5088
2		-	February Session, 2012 _____HB05088GL____031412____
	1	+	General Assembly Raised Bill No. 5088
	2	+	February Session, 2012 LCO No. 808
	3	+	00808_______GL_
	4	+	Referred to Committee on General Law
	5	+	Introduced by:
	6	+	(GL )
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5088
	10	+	Raised Bill No. 5088
7	11
8	12		February Session, 2012
9	13
10		-	_____HB05088GL____031412____
	14	+	LCO No. 808
	15	+
	16	+	00808_______GL_
	17	+
	18	+	Referred to Committee on General Law
	19	+
	20	+	Introduced by:
	21	+
	22	+	(GL )
11	23
12	24		AN ACT CONCERNING SELF-SERVICE STORAGE FACILITY LIENS.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Section 42-159 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
17	29
18	30		As used in this chapter:
19	31
20	32		(1) "Self-service storage facility" means any real property designed and used for the renting or leasing of individual self-contained units of storage space to occupants who are to have access to such units for storing and removing personal property only, and not for residential purposes. A self-service storage facility and an owner are not a warehouse, as defined in section 42a-7-102, except that if an owner issues a document of title, as defined in section 42a-1-201, for the personal property stored, the owner and the occupant are subject to the provisions of article 7 of the Uniform Commercial Code and the provisions of this chapter do not apply.
21	33
22	34		(2) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him or her to manage the facility or to receive rent from an occupant under a rental agreement.
23	35
24	36		(3) "Occupant" means a person, or the sublessee, successor, or assignee of a person, entitled to the use of a storage unit at a self-service storage facility under a rental agreement, to the exclusion of others.
25	37
26	38		(4) "Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a unit in a self-service storage facility.
27	39
28	40		(5) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, household items and motor vehicles.
29	41
30	42		(6) "Last known address" means [that] a postal or electronic address provided by the occupant in the latest rental agreement or [the] a postal or electronic address provided by the occupant in a subsequent written notice of a change of address.
31	43
32	44		(7) "Default" means failure to perform any obligation or duty imposed by a rental agreement or by this chapter.
33	45
34	46		Sec. 2. Section 42-161 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
35	47
36	48		(a) No owner may satisfy the lien provided for in section 42-160 unless he or she complies with the procedure set forth in this chapter.
37	49
38	50		(b) The owner shall notify the occupant and any person who has filed a valid security interest in such property with the Secretary of the State of his or her intention to satisfy the lien with a written notice which shall be delivered in person or sent by electronic mail or by registered or certified mail, return receipt requested, to the last known address of the occupant.
39	51
40		-	(c) If the owner sends electronic notice to the occupant pursuant to subsection (b) of this section, the owner shall send notice by registered or certified mail pursuant to said subsection if the owner has not received confirmation, not later than three days after sending the electronic notice, that the occupant has received the electronic notice.
	52	+	Sec. 3. Section 42-164 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
	53	+
	54	+	(a) After the expiration of the time given in the notice for the occupant to pay the amount due, if the owner wishes, he or she may place an advertisement of the sale or other disposition of the personal property in a newspaper of substantial circulation, or may advertise such sale or other disposition in a commercially reasonable manner, including, but not limited to, electronic advertisement in the municipality where the self-service storage facility is located. Such advertisement shall be published at least twice within a period not less than ten days preceding the date of such sale or other disposition. The advertisement shall include: (1) A description of the personal property subject to the lien according to the requirements of section 42-162; (2) the name of the occupant, the address of the self-service storage facility, the unit number, if any, of the storage space where the personal property is located; and (3) the time, place and manner of the sale or other disposition.
	55	+
	56	+	(b) Such sale or other disposition of the personal property shall not take place sooner than ten days after the first publication of the advertisement nor sixty days after the date of default.
	57	+
	58	+	(c) If there is no newspaper of substantial circulation in the municipality in which the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale or other disposition of the personal property in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.
	59	+
	60	+	(d) The proceeds of a sale under this section shall be allocated to pay the expenses of such sale, then to the holder of any lien or security interest having priority over that of such owner, then to the owner.
	61	+
	62	+	(e) An electronic advertisement made pursuant to subsection (a) of this section shall be deemed commercially reasonable if such advertisement was for the sale of personal property that was sold at a public auction where not less than three bidders who are unrelated to the owner were in attendance.
41	63
42	64
43	65
44	66
45	67		This act shall take effect as follows and shall amend the following sections:
46	68		Section 1 July 1, 2012 42-159
47	69		Sec. 2 July 1, 2012 42-161
	70	+	Sec. 3 July 1, 2012 42-164
48	71
49	72		This act shall take effect as follows and shall amend the following sections:
50	73
51	74		Section 1
52	75
53	76		July 1, 2012
54	77
55	78		42-159
56	79
57	80		Sec. 2
58	81
59	82		July 1, 2012
60	83
61	84		42-161
62	85
	86	+	Sec. 3
63	87
	88	+	July 1, 2012
64	89
65		-	~~GL Joint Favorable Subst.~~
	90	+	42-164
66	91
67		-	GL
	92	+	Statement of Purpose:
68	93
69		-	Joint Favorable Subst.
	94	+	To modernize self-storage facility lien laws.
	95	+
	96	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]