SESSION OF 2020
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2454
As Amended by House Committee on
Commerce, Labor and Economic Development

Brief*
HB 2454, as amended, would revise the Self-service
Storage Act (Act) as it pertains to liability claims and the
contents of storage agreements. If there would be a claim or
action against an operator over the damage or loss of
personal property, the claim would be limited to the maximum
value of personal property allowed to be stored as specified
in the rental agreement. Currently, the Act requires a rental
agreement to give notice to an occupant that the operator has
a lien against the stored property, which may be sold if the
occupant is in default. Notice must also be given that the
proceeds of a sale will be used to satisfy the lien, and the
remaining moneys either must be claimed by the occupant
within a year or remitted to the State Treasurer as unclaimed
property.
The bill would specify that when stored personal
property is to be sold, it could be auctioned either online or in-
person. The Act requires notice of the sale to occur at least
seven days prior to the event, with details of the sale
published within a newspaper serving the jurisdiction where
the sale is to be held. The bill would grant discretion to the
operator to give notice of the sale by other commercially
reasonable means.
A sale would be canceled and subsequently
rescheduled and re-advertised if there were less than three
bidders present in person or online. A rescheduled sale would
not be required to have three bidders in attendance.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Background
The bill was introduced by the House Committee on
Commerce, Labor and Economic Development at the request
of the Self Storage Association (Association). During the
House Committee hearing, the Association and owners of
self-storage businesses testified in favor of the bill, stating the
legislation would balance the rights and responsibilities of
operators and occupants. No neutral or opponent testimony
was provided.
The House Committee amended the bill to:
● Delete reference to stored vehicles, watercraft, or
trailers and the towing of that property from a self-
storage facility under certain circumstances; and
● Require the claim limitation to be part of the rental
agreement.
According to the fiscal note prepared by the Division of
the Budget, in consultation with the Office of Judicial
Administration, the bill, as introduced, would have a negligible
fiscal effect on the Judicial Branch. Any fiscal effect
associated with the enactment of the bill is not reflected in
The FY 2021 Governor’s Budget Report.


2- 2454


Statutes affected:
As introduced: 58-816, 58-817
As Amended by House Committee: 58-816, 58-817