Assembly Bill 750 (Lockyer – 1981)
Chapter 439, Statutes of 1981
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Assembly Bill 750 was introduced by Assembly member Bill Lockyer, and was sponsored by the Self Service Storage Association. (See Exhibit #12, document PE‑1) This was a single issue bill, only proposing the adoption of Business and Professions Code sections 21700 through 21716. (See Exhibit #1e)
While before the Legislature, Assembly Bill 750 was heard by the Assembly and Senate Committees on Judiciary. (See Exhibits #3 and #6) This bill was amended three times as it was considered by the Legislature. (See Exhibits #1b through #1d) Assembly Bill 750 was thereafter approved by Governor Edmund G. Brown, Jr., and recorded by the Secretary of State as Chapter 439 of the Statutes of 1981. (See Exhibits #1e and #2)
Assembly Bill 750 enacted the California “Self‑Service Storage Facility Act.” (See Exhibits #1d, page 2, section 21700; and #8) Discussing the rationale for this legislation, the analysis of the Assembly Committee on Judiciary explained that the “bill is intended to define the relationship of owners and occupants of self-service storage facilities and to create a lien on property stored at such facilities.” (See Exhibit #3a, page 1)
This same analysis noted that the bill “is based on a Model Act developed by the National Self-Service Storage Facility Association.” (See Exhibit #3a, page 3) The need for the bill is then set forth:
The source states that the bill is particularly needed because facility owners have no effective remedy against defaulting customers. It is argued that the lien and lien sale provisions of the bill would help such owners accomplish three things in the default situation: (1) recover the real property, (2) collect rent and other contractual charges, and (3) sell or otherwise dispose of any personal property remaining after termination.
It is further stated that the existing statutory provisions which regulate and provide the above remedies to warehousemen are not applicable or available to self-service storage facility owners because such owners do not store goods for hire but rather rent space to individuals to store their own goods. Unlike warehousemen, facility owners have no knowledge of or access to the stored contents, do not take care, custody and control of the contents and are not bailees of the goods. The source also contends that if the self-storage industry is to be able to continue to provide its service at a reasonable cost, it should be made clear that facility owners do not have the various responsibilities that warehousemen have which are based on the creation of a bailment (such as inventorying, issuance of bill of lading, etc.).
(See Exhibit #3a, page 3)