A07768 Summary:

BILL NOA07768A
 
SAME ASSAME AS S01684-B
 
SPONSORRussell
 
COSPNSR
 
MLTSPNSR
 
Add S181, Lien L
 
Relates to campground owner's lien.
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A07768 Actions:

BILL NOA07768A
 
05/27/2015referred to judiciary
06/09/2015amend (t) and recommit to judiciary
06/09/2015print number 7768a
01/06/2016referred to judiciary
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A07768 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7768A
 
SPONSOR: Russell
  TITLE OF BILL: An act to amend the lien law, in relation to a camp- ground owner's lien   PURPOSE OR GENERAL IDEA OF BILL: Protects campground owners from campers who fall behind in payments.   SUMMARY OF SPECIFIC PROVISIONS: Section One amends the lien law to create a new section 181, which defines a campground, campground owner, guest, occupancy agreement and recreational vehicle and 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 an additional notice 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 of times and places where he or she may remove the recreational vehicle and/or his or her personal property prior to the time that it is sold pursuant to Article 9. A similar notice shall be served upon lienhold- ers. The lien does not apply if an occupancy agreement does not contain a clause advising a guest that his or her property may be subject to the lien. Section Two defines the effective date.   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 a 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.   PRIOR LEGISLATIVE HISTORY: 2012; Previous version (S.6989/A.9980 referred to Judiciary. 2013-14 (S.1007/A.7308) referred to Judiciary   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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A07768 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7768--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 27, 2015
                                       ___________
 
        Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
          tee on  Judiciary  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the lien law, in relation to 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 read
     2  as follows:
     3    § 181. Campground owner's lien. 1. As used in this article:
     4    (a) "Campground" means any parcel or tract of land, where five or more
     5  campsites are made available for use as temporary  living  quarters  for
     6  recreational, camping, travel or seasonal use.
     7    (b)  "Campground owner" means the owner or operator of a campground or
     8  an agent of such owner or operator.
     9    (c) "Camping season" means the period of time  that  a  campground  is
    10  open  for  the purpose of allowing guests to occupy campsites during the
    11  course of a year.
    12    (d) "Guest" means a person who enters into a written occupancy  agree-
    13  ment with a campground owner to occupy a campsite.
    14    (e)  "Occupancy agreement" means any written agreement between a camp-
    15  ground owner and guest that establishes or modifies  the  terms,  condi-
    16  tions, rules or any other provisions concerning the use and occupancy of
    17  a campsite.
    18    (f)  "Recreational  vehicle"  means  a  vehicle  primarily designed as
    19  temporary living quarters for recreational, camping, travel, or seasonal
    20  use that either has its own motive power or is mounted on  or  towed  by
    21  another vehicle.
    22    2. A campground owner has a lien upon a recreational vehicle for occu-
    23  pancy  fees  and other charges that are set forth in an occupancy agree-
    24  ment, together with such other fees and charges that a guest  may  incur
    25  in  a  store,  marina or similar facility owned or operated by the camp-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06258-04-5

        A. 7768--A                          2
 
     1  ground owner and the reasonable and actual costs incurred by  the  camp-
     2  ground  owner in enforcing a lien under this chapter, provided that such
     3  lien shall not extend to storage fees incurred after the end of a  camp-
     4  ing  season  or  the  date that a recreational vehicle is removed from a
     5  campsite pursuant to this section, whichever is earlier.
     6    3. The provisions of this section shall not apply unless an  occupancy
     7  agreement  contains  a  clause  alerting  a  guest that a default in the
     8  payment of occupancy fees and other charges for a period of thirty  days
     9  may  result  in  the  campground  owner taking possession of the guest's
    10  recreational vehicle and other personal property and selling same pursu-
    11  ant to the terms of article nine of this chapter.
    12    4. A campground owner shall not exercise any of the rights and  privi-
    13  leges  under  this  section  until  a  guest  has been in default in the
    14  payment of occupancy fees and other charges for a period of thirty days,
    15  after which time the campground owner shall provide the guest with writ-
    16  ten notice served personally if such  guest  is  occupying  his  or  her
    17  recreational  vehicle  at  the  campground  at the time of service or by
    18  ordinary mail and certified mail directed to the  address  contained  in
    19  the occupancy agreement if such guest is not occupying his or her recre-
    20  ational  vehicle  at the time of service, which notice shall contain the
    21  following:
    22    (a) a statement that the guest is in default for a  period  of  thirty
    23  days  or  more  under  the  terms and conditions of his or her occupancy
    24  agreement;
    25    (b) the amount of such default;
    26    (c) a demand for payment within fifteen days from the date that notice
    27  was mailed;
    28    (d) a statement that, upon a failure to pay such amount,  the  guest's
    29  recreational  vehicle and other property will be removed from his or her
    30  campsite and that the campground  owner  will  commence  proceedings  to
    31  enforce  its  lien  pursuant  to  the provisions of article nine of this
    32  chapter;
    33    (e) a statement advising the guest that he or she may bring an  action
    34  against  the  campground  owner pursuant to section two hundred one-a of
    35  this chapter if he or she contests the validity or amount of  the  lien;
    36  and
    37    (f)  the times and dates that the guest may retrieve his or her recre-
    38  ational vehicle upon payment of the amount  of  the  lien  and/or  other
    39  personal property belonging to the guest without payment of such amount.
    40  If  such  personal  property remains unclaimed, it will be sold with the
    41  recreational vehicle pursuant to the provisions of article nine of  this
    42  chapter.
    43    5. A like notice shall be served by certified mail upon any person who
    44  shall  have  given  to  the lienor notice of an interest in the property
    45  subject to the lien or is listed as a lienholder upon the certificate of
    46  title of the recreational vehicle pursuant  to  the  provisions  of  the
    47  vehicle and traffic law.
    48    § 2. This act shall take effect immediately.
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