A07768 Summary:

BILL NO    A07768 

SAME AS    SAME AS S01684-A

SPONSOR    Russell

COSPNSR    

MLTSPNSR   

Add S181, Lien L

Establishes a lien, for the benefit of a campground owner, on the recreational
vehicle of a campground guest for unpaid charges at a campground.
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A07768 Actions:

BILL NO    A07768 

05/27/2015 referred to judiciary
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A07768 Votes:

There are no votes for this bill in this legislative session.
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A07768 Memo:

BILL NUMBER:A7768

TITLE OF BILL:  An act to amend the lien law, in relation to
establishing a campground owner's lien

PURPOSE:

Establishes a lien, for the benefit of a campground owner, on the
recreational vehicle of a campground guest for unpaid charges to the
campground.

SUMMARY OF PROVISIONS:

Section 1 - Creates a new section 181 of the lien law, which defines a
campground, campground owner, campground season, guest, occupancy
agreement and recreational vehicle. Further the bill provides for a
lien against a recreational vehicle if a guest is in default in
payment of occupancy fees and other charges for a period of 30 days.
The campground owner is required to provide additional notice, served
by certified mail, which advises that the guest is in default and his
or her recreational vehicle will be removed from a campsite and that
proceedings will be commenced to enforce a lien under article 9 of the
lien law. The notice shall also provide the guest with notice to
remove his or her personal property from the recreational vehicle
prior to the time that it is sold pursuant to article 9. A similar
notice shall be served upon lien holders.

JUSTIFICATION:

In essence, a campground owner is no different than a garage keeper or
self-service storage facility owner, who is entitled to a lien when a
customer or occupant defaults under the terms of a storage contract or
occupancy agreement. Campground owners are particularly susceptible
when long-term guests fall behind in payments and abandon their
recreational vehicles at the end of camping season. The remedies
provided under the lien law are the only cost effective way for a
campground owner to recoup his or her losses under these
circumstances.

LEGISLATIVE HISTORY:

2013/14: S. 1007A Referred to Judiciary; A. 7308 Referred to Judiciary
2012: S. 6968 Referred to Judiciary; A. 9980 Referred to Judiciary

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

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A07768 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7768

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 27, 2015
                                      ___________

       Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
         tee on Judiciary

       AN ACT to amend the lien law, in relation to establishing  a  campground
         owner's lien

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  The lien law is amended by adding a  new  section  181  to
    2  read as follows:
    3    S  181.  CAMPGROUND  OWNER'S  LIEN.  1.  DEFINITIONS.  AS USED IN THIS
    4  SECTION:
    5    (A) "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, WHERE FIVE OR MORE
    6  CAMPSITES ARE MADE AVAILABLE FOR USE AS TEMPORARY  LIVING  QUARTERS  FOR
    7  RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE.
    8    (B)  "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR
    9  AN AGENT OF SUCH OWNER OR OPERATOR.
   10    (C) "CAMPING SEASON" MEANS THE PERIOD OF TIME  THAT  A  CAMPGROUND  IS
   11  OPEN  FOR  THE PURPOSE OF ALLOWING GUESTS TO OCCUPY CAMPSITES DURING THE
   12  COURSE OF A YEAR.
   13    (D) "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY  AGREE-
   14  MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
   15    (E)  "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A CAMP-
   16  GROUND OWNER AND A GUEST THAT ESTABLISHES OR MODIFIES THE TERMS,  CONDI-
   17  TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
   18  A CAMPSITE.
   19    (F)  "RECREATIONAL  VEHICLE"  MEANS  A  VEHICLE  PRIMARILY DESIGNED AS
   20  TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR  SEASONAL
   21  USE  THAT  EITHER HAS ITS OWN MOTIVE POWER, OR IS MOUNTED ON OR TOWED BY
   22  ANOTHER MOTOR VEHICLE.
   23    2. LIEN. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR
   24  OCCUPANCY FEES AND OTHER CHARGES THAT ARE  SET  FORTH  IN  AN  OCCUPANCY
   25  AGREEMENT,  TOGETHER  WITH  SUCH OTHER FEES AND CHARGES THAT A GUEST MAY

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06258-02-5
       A. 7768                             2

    1  INCUR IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR  OPERATED  BY  THE
    2  CAMPGROUND  OWNER  AND  THE  REASONABLE AND ACTUAL COSTS INCURRED BY THE
    3  CAMPGROUND OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER,  PROVIDED  THAT
    4  SUCH  LIEN  SHALL NOT EXTEND TO STORAGE FEES INCURRED AFTER THE END OF A
    5  CAMPING SEASON OR THE DATE THAT A RECREATIONAL VEHICLE IS REMOVED FROM A
    6  CAMPSITE PURSUANT TO THIS SECTION, WHICHEVER IS EARLIER.   A  CAMPGROUND
    7  OWNER  SHALL  NOT  EXERCISE  ANY OF THE RIGHTS AND PRIVILEGES UNDER THIS
    8  SECTION UNTIL A GUEST HAS BEEN IN DEFAULT IN THE  PAYMENT  OF  OCCUPANCY
    9  FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS, AFTER WHICH TIME THE
   10  CAMPGROUND  OWNER  SHALL PROVIDE THE GUEST WITH WRITTEN NOTICE BY CERTI-
   11  FIED MAIL WHICH CONTAINS THE FOLLOWING:
   12    (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A  PERIOD  OF  THIRTY
   13  DAYS  OR  MORE  UNDER  THE  TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
   14  AGREEMENT;
   15    (B) THE AMOUNT OF SUCH DEFAULT;
   16    (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
   17  WAS MAILED;
   18    (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT,  THE  GUEST'S
   19  RECREATIONAL  VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
   20  CAMPSITE AND THAT THE CAMPGROUND  OWNER  WILL  COMMENCE  PROCEEDINGS  TO
   21  ENFORCE  ITS  LIEN  PURSUANT  TO  THE PROVISIONS OF ARTICLE NINE OF THIS
   22  CHAPTER; AND
   23    (E) THE TIMES AND DATES  THAT  THE  GUEST  MAY  RETRIEVE  HIS  OR  HER
   24  PERSONAL  PROPERTY  FROM THE RECREATIONAL VEHICLE AND THAT SUCH PROPERTY
   25  SHALL BE DEEMED TO HAVE BEEN ABANDONED IF NOT  RETRIEVED  PRIOR  TO  THE
   26  TIME  AND DATE THAT THE RECREATIONAL VEHICLE IS SOLD PURSUANT TO ARTICLE
   27  NINE OF THIS CHAPTER.
   28    4. A LIKE NOTICE SHALL BE SERVED IN THE SAME MANNER  UPON  ANY  PERSON
   29  WHO SHALL HAVE GIVEN TO THE LIENOR NOTICE OF AN INTEREST IN THE PROPERTY
   30  SUBJECT TO THE LIEN OR IS LISTED AS A LIENHOLDER UPON THE CERTIFICATE OF
   31  TITLE  OF  THE  RECREATIONAL  VEHICLE  PURSUANT TO THE PROVISIONS OF THE
   32  VEHICLE AND TRAFFIC LAW.
   33    S 2. This act shall take effect immediately.
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