S07576 Summary:

BILL NOS07576
 
SAME ASSAME AS A09960
 
SPONSORLARKIN
 
COSPNSR
 
MLTSPNSR
 
Amd S182, Lien L
 
Provides for the delivery of a notice of enforcement of a lien by means of verified electronic mail.
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S07576 Actions:

BILL NOS07576
 
05/15/2014REFERRED TO JUDICIARY
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S07576 Floor Votes:

There are no votes for this bill in this legislative session.
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S07576 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7576
 
                    IN SENATE
 
                                      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    § 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    § 3. This act shall take effect immediately.
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