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Senate Commerce advances bill to drop newspaper requirement for self‑storage sale notices

2473872 · February 27, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Senate Commerce Committee voted to send Senate Bill 11 26 to the Senate floor with a do‑pass recommendation after testimony from newspaper and storage‑industry representatives about whether removing newspaper publication would reduce notice to lessees and bidders.

The Senate Commerce Committee on an up‑or‑down voice vote advanced Senate Bill 11 26, a measure that would remove the statutory requirement to publish notices of lien sales for self‑storage units in newspapers and rely instead on other methods such as certified mail and contract‑specified notification.

State Senator Jim Woodward, a Republican from Legislative District 1, introduced the bill, saying it would modernize notice requirements for storage unit lien sales and that the central change is the removal of the newspaper‑publication requirement while keeping mail notice and contract‑specified notice in place. "We're really just removing the requirement to notify in the newspaper," Woodward said.

The bill drew opposing testimony from Travis Quast, regional publisher for APG East Idaho, who testified on behalf of the Newspaper Association of Idaho. Quast said the measure "removes all public notices, not just in newspapers" and argued that public notices perform two functions: ensuring the lessee has every opportunity to learn that property may be sold and encouraging potential buyers to participate in the sale so proceeds better satisfy the debt. Quast told the committee that idahopublicnotices.com had about 190 posted storage sales in the prior 60 days and that legal notices on the statewide site were viewed 183,000 times in 2024.

Storage‑industry witnesses told the committee the internet and online auction platforms are now the primary ways bidders find sales. Ron Osborne, owner and CEO of Bitterroot Holdings, which operates multiple facilities including nine in Idaho, said facility contracts and online auction sites provide the public information about upcoming sales. "We give them all the information on how to do that, where to do it, it's part of their contracts and part of their notices," Osborne said, adding that online auctions have increased participation and recovery of funds.

Other witnesses and committee members discussed operational details. Industry witnesses said operators typically send multiple automated notices (email, text) and certified mail before auction; Osborne said his companies send a notice about 45 days before sale and allow payment up until the day of sale to stop an auction. Committee members noted that many potential buyers and property owners do not rely on print newspapers and that contracts commonly specify the lessee's preferred notice method.

Senator Tammy Nichols moved to send the bill to the Senate floor with a do‑pass recommendation; Senator Todd Lakey seconded. The committee carried the motion by voice vote; the transcript records the motion as carried but does not contain a roll‑call tally.

Supporters said the change matches current practice and online audience behavior; opponents said removing newspaper notice could reduce transparency and opportunities for both owners and bidders to see sales unless statutory language ensures alternative public notice channels.

What happens next

Senate Bill 11 26 will be reported to the full Senate with a do‑pass recommendation. If the Senate takes up the bill, further debate, amendment and a final vote on the floor will determine whether the change becomes law.