HB 2761 — Modernizing the self-service storage lien law

HBHB2761 2761S TextJUD skipAM navigation#1 SENATEGraham  PRESIDENT4841 SENATORS  COMMITTEESThe VIDEO/AUDIOCommittee DISTRICTon MAPSthe SENATEJudiciary CLERKmoved SENATEto RULESamend HOUSEthe SPEAKERbill DELEGATESby COMMITTEESstriking VIDEO/AUDIOout DISTRICTeverything MAPSafter HOUSEthe CLERKenacting HOUSEclause RULESand HOUSEinserting STAFFin JOINTlieu INTERIMthereof COMMITTEESthe LEGISLATIVEfollowing: ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.

COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

NEWS RELEASES HELPFUL LINKS Committee Substitute « House Bill 2761 History OTHER VERSIONS  —  Introduced Version  |  Enrolled Version - Final Version  |  Engrossed Version  |   |  Email Key:

Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for House Bill 2761 By Delegate Westfall [Originating in the Committee on the Judiciary, February 4, 2019.] A BILL to amend and reenact §38-14-2, §38-14-3, §38-14-4, §38-14-5, §38-14-7, §38-14-8, and §38-14-9 of the Code of West Virginia, 1931, as amended, all relating to modernizing the self-service storage lien law;

modifying late fees;

re-defining certain terms;

providing modern methods of satisfying a self-service storage lien;

and providing a new effective date.

Be it enacted by the Legislature of West Virginia:

(5) (5) “Online“Operator” auction” means athe publicowner, auction,operator, aslessor, definedor insublessor §19-2C-1 of thisa code,self-service thatstorage isfacility, simulcastan overagent, the internet or any other electronicperson means.authorized to manage the facility.

ThisThe definitionoperator excludesis salesnot ofa itemswarehouseman, viaunless fixedthe priceoperator issues a warehouse receipt, bill of lading, or timedother listingsdocument thatof allowtitle biddingfor onthe anpersonal internetproperty website.stored;

(5)(6) “Operator”“Personal property” means themovable owner,property, operator,not lessor,affixed or sublessor of a self-service storage facility, an agent, or any other person authorized to manageland. the facility.  The operator is not a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored;

(6) “Personal property” means movable property, not affixed to land.  Personal property includes goods, wares, merchandise, motor vehicles, trailer,trailers, watercraft, and household items and furnishings;

(b) In the case of any motor vehicle or watercraft which is subject to a lien previously recorded on the certificate of title, the owner operator has a self-service storage lien on the vehicle or watercraft so as long as the motor vehicle or watercraft remains stored within the leased space.

(c) The rental agreement must shall contain:

(a)(a)(1) (1) If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the personal property stored in the leased space at a public sale or dispose of the personal property if the operator can demonstrate by photographs or other images and affidavit of a knowledgeable and credible person that the personal property lacks a value sufficient to cover the reasonable expense of a public auction plus the amount of the self-service storage lien.

(b)(b)(1) (1) Before conducting a sale under subsection (a) of this section, the operator shall, subject to paragraphsubdivision (2) of this subsection, notify the occupant of the default by hand delivery, verified mail, or electronic mailmail, or text at the occupant's last known address.

(2)(2)(A) (A) The operator may not notify the occupant of the default by electronic mail unless:

and (E) The name, street address, and telephone number of the operator, or his or her designated agent, whom the occupant may contact to respond to the notice.

and (B) Mail the balance, if any, by certified mail to the occupant or any other recorded lienholder at the occupant’s last known address of the occupantoccupant. or lienholder.

(2) (A) If the balance is returned to the operator after the operator mailed the balance in the manner required under paragraph (B), subdivision (1) of this subsection, the operator shall hold the balance for one year after the date of sale for delivery on demand to the occupantoperator. or any other recorded lienholder.

(g) A purchaser in good faith of any personal property sold under this article takes the property free and clear of any rights of:of persons against whom the lien was valid.

(1)(h) PersonsIf againstthe whomoperator complies with the lienprovisions wasof valid;this article, the operator’s liability to the occupant is limited to the net proceeds received from the sale of the personal property less the amount of the operator’s lien.

and (2) Other lienholders.

(h) If the operator complies with the provisions of this article, the operator’s liability:

(1) To the occupant is limited to the net proceeds received from the sale of the personal property less the amount of the operator’s lien;

and (2) To other lienholders is limited to the net proceeds received from the sale of any personal property covered by that other lien less the amount of the operator’s lien.

(2) Notices shall be deemedconsidered delivered when:

care, custodycustody, and control of property.

The occupant shall have access to the inventory listing for the period during which it is maintained by the owner (c) (b) Unless the rental agreement specifically provides otherwise, the exclusive care, custodycustody, and control of all personal property stored in the leased space remains vested in the occupant.

  NOTE:  Adopted Rejected

The purpose of this bill is to modernize the self-service storage lien law in West Virginia, re-define certain terms, and to provide an effective date for all rental agreements entered into or extended or renewed after July 1, 2019.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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