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Senate committee backs bill to remove newspaper notice requirement for self‑storage lien sales
Summary
The Senate Commerce Committee voted to send Senate Bill 1126 to the Senate floor with a due‑pass recommendation after testimony split between newspaper representatives urging continued public notices and storage‑industry witnesses supporting online notices and contract‑based notification.
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The Senate Commerce Committee on Thursday voted to send Senate Bill 1126 to the Senate floor with a due‑pass recommendation. The bill would remove the requirement that owners publish notice of storage‑unit lien sales in a newspaper while keeping requirements for certified mail and any notice methods specified in a lease.
Sen. Jim Woodward, R‑District 1, the bill sponsor, said the measure is a narrow change that removes the newspaper‑publication requirement for notices tied to liens on self‑storage units. "We're really just removing the requirement to notify in the newspaper," Woodward said, adding that certified mail and lease‑specified notices would remain in place.
Travis Quast, regional publisher for APG East Idaho and a representative of the Newspaper Association of Idaho, told the committee he opposes the bill. "This bill removes all public notices, not just in newspapers," Quast said. He said public notices serve two purposes: ensuring lessees have every opportunity to learn that their property may be sold, and alerting potential buyers so that sales maximize recovery for the owner. Quast also noted that legal notices published to the statewide site idahopublicnotices.com had substantial readership, citing 183,000 views for public notices in 2024.
Owners and industry representatives said online auction sites and contract notices reach both owners and buyers more reliably today than print newspapers. Ron Osborne, owner and CEO of Bitterroot Holdings, which operates multiple storage facilities including nine in Idaho, said his company uses online auction platforms and provides text, email and phone notifications per the customer's contract. "We would encourage you to approve bill 11 26," Osborne told the committee, saying online auctions increase participation and recovery of funds.
Tim Olsen, representing the Self Storage Association, said seven states no longer require printed newspaper notices and many storage operators rely on online auction sites and contract‑specified communications. He said the statute dates from a time before widespread electronic communication and that relying on a contract for notification reflects current practice.
Committee members asked how and when lessees are notified. Osborne said facilities typically use email, text and phone calls per the contract and that certified mail remains part of the final notice process; he said lessees can prevent a sale up to the day of auction by paying the outstanding balance.
After testimony and brief discussion, Sen. Nichols moved to send the bill to the Senate floor with a due‑pass recommendation; Sen. Lakey seconded. The committee approved the motion by voice vote.
The bill now moves to the full Senate for further consideration.
