Amendment vs bill Senate Committee Amendment, #1847, COM, Adopted vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SCASB165 2810 1847 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Commerce, Consumer Protection and International Affairs to Original Senate Bill No.
165 BY SENATOR ABRAHAM AN ACT To amend and reenact R.S.
165 by Senator Abraham AMENDMENT NO.
9:4757, 4758.1(A)(2) and (B), and 4759(3), (5)(a), and (9) and to enact R.S.
1 On page 1, line 3, after "R.S.
9:4759.1 and 4759.2, relative to self-service storage facilities;
9:4759.1" delete ", 4759.2, and 4759.3," and insert "and 4759.2," AMENDMENT NO.
to provide relative to the rental agreement;
2 On page 1, at the end of line 5, delete "to provide for" AMENDMENT NO.
to provide for default of rental agreement bylessee;toproviderelativetodeliveryofnoticeofprivilege;toprovideforthesale or other disposition of certain movable property;
3 On page 1, at the beginning of line 6, delete "unsigned rental agreements;" AMENDMENT NO.
to provide for definitions and procedures;
4 On page 1, line 11, after "R.S.
and to provide for related matters.
9:4759.1" delete ", 4759.2, and 4759.3" and insert "and 4759.2" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
5 On page 3, line 24, delete "mailed" AMENDMENT NO.
Section1.R.S.9:4757,4758.1(A)(2)and(B),and4759(3),(5)(a),and(9)arehereby amendedandreenactedandR.S.
6 On page 3, at the beginning of line 25, delete "and" AMENDMENT NO.
9:4759.1 and4759.2areherebyenactedtoreadasfollows:
7 On page 4, line 22, delete ", and rent and other charges remain unpaid for sixty days" AMENDMENT NO.
§4757.
8 On page 4, line 23, after "default" insert "for sixty days" AMENDMENT NO.
Definitions As used in this Part, unless the context clearly requires otherwise:
9 On page 5, delete lines 1 through 7 AMENDMENT NO.
(1) "Default" means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or pursuant to this Part.
10 On page 5, line 8, change "§4759.2." to "§4759.1." AMENDMENT NO.
(2)"Electronicmail"meansanelectronicmessagethatistransmittedbetween two or more telecommunications devices, computers, or electronic devices capable ofreceivingelectronicmessages,whetherornot themessageis convertedto printed format after receipt or is viewed upon transmission or stored for later retrieval.
11 On page 5, line 16, delete "self-storage facility" and insert "self-service storage facility" AMENDMENT NO.
"Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network.
12 On page 5, at the end of line 21, delete "in the" AMENDMENT NO.
(2)(3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail can be sent or delivered.
13 On page 5, at the beginning of line 22, delete "storage unit" and insert "at the self-service storage facility" Page 1 of 2 SCASB165 2810 1847 AMENDMENT NO.
An "electronic mail address" mayinclude a user name or mailbox and a reference to an Internet domain.
14 On page 5, line 25, change "§4759.3." to "§4759.2." AMENDMENT NO.
Page 1 of 5 Coding:
15 On page 6, line 1, delete "in the storage space" and insert "at the self-service storage facility" Page 2 of 2
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
165 ENROLLED (3)(4)"Lastknownaddress"meansthemailingaddressortheelectronicmail address provided by the lessee in the latest rental agreement or, subject to any requirements in the rental agreement, the mailing address or the electronic mail addressprovidedbythelesseein asubsequentwrittennoticeofa changeofaddress.
(4)(5) "Lessee" means a person, his sublessee, successor, or assign, entitled to the use of storage spaceat a self-service storage facilityunder a rental agreement, to the exclusion of others.
(5)(6) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from a lessee under a rental agreement.
(6)(7) "Rental agreement" means any agreement or lease, written or oral, entered into between the owner and a lessee, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use of self-service storage facility.
The rental agreement may be delivered and accepted electronically.
(7)(8) "Self-service storage facility" means any real property designed and usedforthepurposeofrentingorleasingindividualstoragespaceto lesseeswhoare tohaveaccesstosuchforthepurposeofstoringandremovingmovableproperty.No lessee shall useaself-servicestorage facilityfor residential purposes.
A self-service storage facility shall not be considered as a warehouse subject to the provisions of Title 10 of the Louisiana Revised Statutes of 1950;
however, if an owner issues any warehousereceipt,billoflading,orotherdocumentoftitleforthemovableproperty stored, the owner and the lessees shall be subject to the provisions of Title 10 of the Louisiana Revised Statutes of 1950 and the provisions of this Part shall not apply.
(8)(9) "Verified mail" means any method of mailing that is offered by the United States Postal Service or a private deliveryservice that provides evidence of mailing.
(9)(10) "Wireless telecommunications device" means a cellular telephone, a text messaging device, a personal digital assistant, a stand-alone computer, or any other substantially similar wireless device.
* * * Page 2 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
165 ENROLLED §4758.1.
Notice of privilege A.
A lessee shall be notified of the privilege created by this Part before enforcement of the privilege by an owner.
Notification of the privilege created by this Part shall be satisfied by either of the following:
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* * * (2) A written notification of the privilege sent to the lessee by verified mail tothelastknownaddressofthelessee,byelectronicmailtoaprimaryandsecondary email address of the lessee, and bytext message to thewirelesstelecommunications device of the lessee provided the email addresses and number of the wireless telecommunicationsdevicearelistedintherentalagreementandbyelectronicmail to the email address provided by the lessee and listed in the rental agreement.
B.
An owner who does not have a written rental agreement that includes a notice of the privilege createdbythis Part shall not initiate an enforcementaction as provided in this Part until thirtydays after the written notice of a privilege is mailed sent to the lessee as required byParagraph (A)(2) of this Section.
* * * §4759.
Options of owner upon lessee's default In the event of default by the lessee, the owner of a self-service storage facility has the option to enforce judicially all of his rights under the rental agreement,including, if the agreement so provides, his right to accelerateall rentals that will become due in the future for the full term of the lease or to cancel the lease and enforce his privilege for the debt due him, as follows:
* * * (3) The notice shall be delivered in person to the lessee or sent by verified mail to the last known address of the lessee, by electronic mail to a primary and secondary email address of the lessee, and by text message to a wireless telecommunicationsdeviceprovidedtheemailaddressesandnumberofthewireless telecommunications device are listed by the lessee in the rental agreement and by electronic mail to the email address provided by the lessee and listed in the rental agreement.
Page 3 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
165 ENROLLED * * * (5)(a) Actual receipt of the notice made pursuant to this Section shall not be required.
At least ten days after its mailing, or at least ten days after the date that payment is demanded, whichever is later, an advertisement of the sale or other dispositionofmovablepropertysubjecttotheprivilegeshallonatleastoneoccasion be published in a newspaper of general circulation where the self-service storage facility is located or on a publicly accessible website that regularly advertises or conducts personal propertyauctions or sales.
* * * (9) If the property upon which the lien is claimed is a motor vehicle, watercraft,ortrailer,andrentandotherchargesremainunpaidforsixtydaysandthe lessee is in default for sixty days, the owner may have the property towed in lieu of foreclosing on the lien.
If a motor vehicle, watercraft,or trailer is towed pursuant to the provisions of this Paragraph, the owner shall not be liable for the motor vehicle, watercraft,or trailer or for anydamages to the motor vehicle, watercraft,or trailer once the tower takes possession of the property.
Any tower shall be licensed pursuant to the Louisiana Towing and Storage Act, R.S.
32:1711 et seq.
* * * §4759.1.
Termination of rental agreement A.
An owner may terminate a rental agreement in accordance with the provisions of the rental agreement or as authorized by law by delivering to the lessee a written notice of termination.
The notice shall include all of the following information:
(1) The lessee shall have fifteen days after the date of delivery of the notice as provided by this Subsection to remove all personal propertyfromthe self-service storage facility.
(2) The owner may limit access to the self-service storage facility to the owner's posted business hours.
(3) Failure of the lessee to remove all personal property as provided by this Subsection shall constitute a default of the rental agreement by the lessee.
Page 4 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
165 ENROLLED B.
UpondefaultofthelesseeasprovidedinSubsectionAof this Section, theownermayassertalienprivilegeonanypersonalpropertyremainingatthe self-service storage facility and may enforce the lien by sale or public auction inaccordancewiththisPart,excepttherequirementtoadvertiseinaccordance with this Part shall not apply.
§4759.2.
Nonrenewal of rental agreement;
abandonment A.
If the owner provides written notice to the lessee that the rental agreement shall not be renewed upon expiration of its term, the lessee shall remove all personal property from the self-service storage facility on or before the date of expiration of the rental agreement.
B.
Any personal property remaining at the self-service storage facility fifteen days after expiration of the rental agreement shall be deemed abandoned.Upondeterminationthatthestoragespaceisabandoned,theowner shall have the right to dispose of the personal property without further notice to the lessee.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 5 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.