BILL NUMBER: SB 279	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        FEBRUARY 14, 2011

   An act to amend Section 21707 of the Business and Professions
Code, relating to business.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 279, as introduced, Emmerson. Business: self-service storage
facilities.
   Existing law, the California Self-Service Storage Facility Act,
specifies remedies and procedures for self-service storage facility
owners when occupants are delinquent in paying rent or other charges.
Existing law requires that a lien sale of property at a self-service
storage facility be advertised in a newspaper of general circulation
in the county where the sale is to be held, or posted in conspicuous
places in the neighborhood of the proposed sale, as specified.
   This bill would instead require that these lien sales be
advertised in a newspaper of general circulation in the judicial
district where the sale is to be held, or posted in conspicuous
places in the neighborhood of the proposed sale, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21707 of the Business and Professions Code is
amended to read:
   21707.  After the expiration of the time given in the notice of
lien sale, pursuant to subdivision (b) of Section 21705, or following
the failure of a claimant to pay rent or obtain a court order
pursuant to Section 21709, an advertisement of the sale shall be
published once a week for two weeks consecutively in a newspaper of
general circulation published in the  county  
judicial district  where the sale is to be held. The
advertisement shall include a general description of the goods, the
name of the person on whose account they are being stored, and the
name and location of the storage facility. If there is no newspaper
of general circulation published in the  county 
 judicial district  where the sale is to be held, the
advertisement shall be posted at least 10 days before the sale in not
less than six conspicuous places in the neighborhood of the proposed
sale. The sale shall be conducted in a commercially reasonable
manner. After deducting the amount of the lien and costs of sale, the
owner shall retain any excess proceeds of the sale on the occupant's
behalf. The occupant, or any other person having a court order or
other judicial process against the property, may claim the excess
proceeds, or a portion thereof sufficient to satisfy the particular
claim, at any time within one year of the date of sale. Thereafter,
the owner shall pay any remaining excess proceeds to the treasury of
the county in which the sale was held.