A07768 Summary:

BILL NO    A07768A

SAME AS    SAME AS S01684-B

SPONSOR    Russell

COSPNSR    

MLTSPNSR   

Add S181, Lien L

Relates to campground owner's lien.
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A07768 Actions:

BILL NO    A07768A

05/27/2015 referred to judiciary
06/09/2015 amend (t) and recommit to judiciary
06/09/2015 print number 7768a
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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:A7768A

TITLE OF BILL:  An act to amend the lien law, in relation to a
campground 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 lienholders. 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:

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

                                        7768--A

                              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  --  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    S 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    S 2. This act shall take effect immediately.
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