Bill Text: NY S07576 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the delivery of a notice of enforcement of a lien by means of verified electronic mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-15 - REFERRED TO JUDICIARY [S07576 Detail]
Download: New_York-2013-S07576-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7576
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the lien law, in relation to notice of enforcement of a
lien
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 182 of the lien law is amended by
2 adding four new paragraphs (f), (g), (h) and (i) to read as follows:
3 (F) "ELECTRONIC MAIL" SHALL MEAN AN ELECTRONIC MESSAGE OR AN EXECUTA-
4 BLE PROGRAM OR COMPUTER FILE THAT CONTAINS AN IMAGE OF A MESSAGE THAT IS
5 TRANSMITTED BETWEEN TWO OR MORE COMPUTERS OR ELECTRONIC TERMINALS. SUCH
6 TERM SHALL INCLUDE ELECTRONIC MESSAGES THAT ARE TRANSMITTED WITHIN OR
7 BETWEEN COMPUTER NETWORKS.
8 (G) "LAST KNOWN ADDRESS" SHALL MEAN THE POSTAL ADDRESS OR ELECTRONIC
9 MAIL ADDRESS PROVIDED BY THE OCCUPANT IN THE LATEST OCCUPANCY AGREEMENT,
10 OR THE POSTAL ADDRESS OR ELECTRONIC MAIL ADDRESS PROVIDED BY THE OCCU-
11 PANT IN A SUBSEQUENT WRITTEN NOTICE OF A CHANGE OF ADDRESS.
12 (H) "VERIFIED MAIL" SHALL MEAN ANY METHOD OF MAILING THAT IS OFFERED
13 BY THE UNITED STATES POSTAL SERVICE OR PRIVATE DELIVERY SERVICE THAT
14 PROVIDES EVIDENCE OF MAILING.
15 (I) "VERIFIED ELECTRONIC MAIL" MEANS ELECTRONIC MAIL THAT IS TRANSMIT-
16 TED TO AN E-MAIL ADDRESS THAT THE OCCUPANT HAS VERIFIED AS BEING THEIR
17 OPERABLE E-MAIL ADDRESS AND HAS EXPRESSLY ELECTED TO RECEIVE NOTICE BY
18 ELECTRONIC MAIL TO THAT ADDRESS.
19 S 2. Subdivision 7 of section 182 of the lien law, as added by chapter
20 975 of the laws of 1983, is amended to read as follows:
21 7. Enforcement of lien. (A) An owner's lien may be enforced by public
22 or private sale of the goods that have been removed from the storage
23 space at a self-service storage facility, in block, or in parcel, at any
24 time or place and on any terms which are commercially reasonable after
25 notice to all persons known to claim an interest in the goods. The
26 notice shall include an itemized statement of the amount due, the
27 description of the property subject to the lien, the nature of the
28 proposed sale, a demand for payment within a specified time not less
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15283-01-4
S. 7576 2
1 than ten days from receipt of notification and a conspicuous statement
2 that unless the claimant pays within that time the goods will be adver-
3 tised for sale and sold at public or private sale in a commercially
4 reasonable manner. The notice shall further include the time and place
5 of any public or private sale and it shall state that any person claim-
6 ing an interest in the goods is entitled to bring a proceeding hereunder
7 within ten days of the service of the notice if he disputes the validity
8 of the lien, or the amount claimed. The notice shall be personally
9 delivered to the occupant, or sent by [registered or certified mail,
10 return receipt requested,] VERIFIED MAIL OR VERIFIED ELECTRONIC MAIL to
11 the [occupant to the] OCCUPANT'S last KNOWN address provided by the
12 occupant, pursuant to the occupancy agreement.
13 (B) ANY NOTICE MADE PURSUANT TO THIS SECTION SHALL BE PRESUMED DELIV-
14 ERED WHEN IT IS DEPOSITED WITH THE UNITED STATES POSTAL SERVICE OR
15 PRIVATE DELIVERY SERVICE, AND PROPERLY ADDRESSED WITH POSTAGE PREPAID OR
16 SENT BY VERIFIED ELECTRONIC MAIL TO THE OCCUPANT'S LAST KNOWN ADDRESS.
17 S 3. This act shall take effect immediately.
