Public storage unit liens.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0252

HOUSE BILL
NO.

HB0075

Public storage unit liens.

Sponsored by:
Representative(s) Zwonitzer,
Dv
. and Gingery and Senator(s) Anderson, J.D. (SD02)

A BILL

for

AN ACT relating to
personal property liens; requiring a public sale for enforcement of a lien upon the contents of self-storage units; providing that a self-storage unit remain sealed

until the public sale, as specified;
providing for the delivery or retention of excess sale proceeds as specified;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 29
‑
7
‑
107 is created to read:

29
‑
7
‑
107.

S
pecial provision as to self-storage operations.

(a)

Notwithstanding W.S. 29
‑
7
‑
105(
b), enforcement of a lien on the contents of a unit in a public self-storage
operation upon the lessee's default shall only be by public sale at the self
-
storage facility.

(b)

A self-storage unit lessor, upon default
in the
terms
of the
self-storage lease agreement
that authorizes enforcement of a lien by the lessor
, may retain possession of the storage unit contents by
sealing the storage unit with
an
overlock
device
that
prevent
s
access by any person until the default i
f
cured or until the date of the public sale of the property. The lessor shall not otherwise
inventory the contents,
enter the unit for any purpose or remove
its
contents until the public sale
, unless
p
ursuant to
a
lawful search warrant or other order issued by a court
.
The
overlock
device may be removed and the unit opened for inspection by prospective bidders not more than one (1) hour before the scheduled public sale.

(c)

If the proceeds of a
lien enforcement
sale
of a self-storage unit's contents
are greater than the amount of the lien and the reasonable expenses of the sale, the lessor shall deliver written notice of the excess to the
lessee's
last known address as stated in the rental agreement or in a written notice from the
lessee
to the lessor furnished after the execution of the rental
agreement. The lessor shall retain the excess and deliver it to the
lessee

upon request made
before two
(2)
years after the date of the sale.
The lessor may retain the excess proceeds and the lessee shall be deemed to have waived any claim i
f the
lessee
does not request
delivery of
the excess before two
(2)
years after the date of the sale.

Section 2.

This act is effective July 1, 2013.

(END)

1
HB0075