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

                                   940

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. PHEFFER, REILICH -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to cancellation of
  membership camping contracts

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

  Section 1. The general business law is amended by adding a new section
654-a to read as follows:
  S 654-A. CANCELLATION OF MEMBERSHIP  CAMPING  CONTRACTS.  1.  FOR  THE
PURPOSES  OF  THIS  SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  A. "ADULT CARE FACILITY" SHALL HAVE THE SAME MEANING AS SUCH  TERM  IS
DEFINED  IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE SOCIAL SERVICES
LAW, PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS SECTION  THE  TERM
"ADULT CARE FACILITY" SHALL NOT INCLUDE A SHELTER FOR ADULTS;
  B.  "DOMESTIC  PARTNER"  SHALL  HAVE  THE SAME MEANING AS SUCH TERM IS
DEFINED  IN   SUBDIVISION   SEVEN   OF   SECTION   TWENTY-NINE   HUNDRED
NINETY-FOUR-A OF THE PUBLIC HEALTH LAW.
  C.  "RESIDENTIAL  HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING AS
SUCH TERM IS  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW; AND
  D.  "SHELTER  FOR  ADULTS" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
DEFINED IN  SUBDIVISION  TWENTY-THREE  OF  SECTION  TWO  OF  THE  SOCIAL
SERVICES LAW.
  2.  A.  UPON  THE EXPIRATION OF THE CANCELLATION PERIOD PROVIDED UNDER
SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE, A PURCHASER OF A MEMBER-
SHIP CAMPING CONTRACT SHALL HAVE THE RIGHT TO CANCEL SUCH CONTRACT UNDER
THE FOLLOWING CONDITIONS:
  (1) THERE IS A MATERIAL BREACH OF CONTRACT  BY  THE  MEMBERSHIP  CAMP-
GROUND  OPERATOR  TO  PROVIDE THE ESSENTIAL SERVICES AND PROGRAMS AS SET

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00798-01-1

A. 940                              2

FORTH AND IN THE MANNER PROVIDED IN THE MEMBERSHIP CAMPING CONTRACT.   A
NATURAL  DISASTER OR PHENOMENA, FAILURE OR SHORTAGE OF ELECTRIC POWER OR
OTHER SOURCE OF ENERGY, UNAUTHORIZED OR ILLEGAL ACTS, LABOR  STRIKES  OR
DISPUTES  DISRUPTING  OPERATIONS,  OR  GOVERNMENTAL,  JUDICIAL,   OR LAW
ENFORCEMENT ACTIONS SHALL NOT BE A BASIS FOR  CANCELLATION,  UNLESS  THE
MEMBERSHIP CAMPGROUND OPERATOR FAILS TO DILIGENTLY RESTORE SUCH SERVICES
AND PROGRAMS WITHIN A REASONABLE PERIOD OF TIME; OR
  (2) THE PURCHASER HAS RELOCATED TO A PERMANENT RESIDENCE NOT LESS THAN
FIVE  HUNDRED  MILES  FROM  THE  CAMPGROUND OR THE LOCATION OF ANY OTHER
CAMPGROUND AVAILABLE TO THE PURCHASER PURSUANT TO ONE OR MORE RECIPROCAL
PROGRAMS OUTLINED IN THE MEMBERSHIP CAMPING CONTRACT; OR
  (3) THE PURCHASER, OR  THE  PURCHASER'S  SPOUSE  OR  DOMESTIC  PARTNER
CURRENTLY  RESIDES  IN  OR IS NOTIFIED OF AND ACCEPTS THE OPPORTUNITY TO
COMMENCE OCCUPANCY IN AN ADULT CARE FACILITY  OR  A  RESIDENTIAL  HEALTH
CARE  FACILITY AND THE PURCHASER PROVIDES A COPY OF SUCH NOTIFICATION OR
PROOF OF RESIDENCY TO THE OPERATOR; OR
  (4) THE PURCHASER  OR  THE  PURCHASER'S  SPOUSE  OR  DOMESTIC  PARTNER
RECEIVES  A  WRITTEN  CERTIFICATION  FROM  A  PHYSICIAN STATING THAT THE
PURCHASER OR THE PURCHASER'S SPOUSE OR DOMESTIC  PARTNER  IS  BEDRIDDEN,
HOUSEBOUND,  OR  SIMILARLY PHYSICALLY UNABLE DUE TO AILMENT OR INJURY TO
VISIT THE CAMPGROUND AND MATERIALLY UTILIZE  ANY  OF  THE  SERVICES  AND
PROGRAMS AS OUTLINED IN THE MEMBERSHIP CAMPING CONTRACT, AND SUCH CONDI-
TION  IS NOT EXPECTED TO BE TEMPORARY. THE PURCHASER MUST PROVIDE A COPY
OF SUCH CERTIFICATION TO THE OPERATOR; OR
  (5) THE PURCHASER OF A CONTRACT SIGNED  BY  MORE  THAN  ONE  PURCHASER
PROVIDES  TO  THE  OPERATOR  A  COPY OF ANY OF THE FOLLOWING, WITHIN SIX
MONTHS OF ITS ISSUANCE, INVOLVING DOMESTIC VIOLENCE BY ANOTHER SIGNATORY
OF THE SAME CONTRACT: (A) A VALID DOMESTIC VIOLENCE INCIDENT REPORT FORM
AS SUCH TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION EIGHT  HUNDRED
THIRTY-SEVEN  OF  THE  EXECUTIVE  LAW;  (B) A VALID POLICE REPORT; (C) A
VALID ORDER OF PROTECTION; OR (D) A SIGNED  AFFIDAVIT  FROM  A  LICENSED
MEDICAL OR MENTAL HEALTH CARE PROVIDER, EMPLOYEE OF A COURT ACTING WITH-
IN  THE  SCOPE  OF  HIS  OR HER EMPLOYMENT, SOCIAL WORKER, A RAPE CRISIS
COUNSELOR AS DEFINED IN SECTION FORTY-FIVE  HUNDRED  TEN  OF  THE  CIVIL
PRACTICE  LAW  AND RULES, OR ADVOCATE ACTING ON BEHALF OF AN AGENCY THAT
ASSISTS DOMESTIC VIOLENCE VICTIMS. PARAGRAPH D OF THIS SUBDIVISION SHALL
NOT APPLY TO A PURCHASER CANCELING UNDER THIS SUBPARAGRAPH. A CLAIM  FOR
TERMINATION  UNDER THIS SUBPARAGRAPH SHALL BE MADE IN GOOD FAITH. TERMI-
NATION UNDER THIS SUBPARAGRAPH SHALL REQUIRE, AND THE PROVISION  OF  ANY
OF  THE  ITEMS IN (A) THROUGH (D) OF THIS SUBPARAGRAPH, FOR THE PURPOSES
OF THIS SUBPARAGRAPH, SHALL BE PRESUMPTIVE  EVIDENCE  OF  THE  CONTINUED
EXISTENCE  OF  A  SUBSTANTIAL  RISK OF PHYSICAL OR EMOTIONAL HARM TO THE
PURCHASER OR PURCHASER'S CHILD. PROVISION OF ANY OF  THE  ITEMS  IN  (A)
THROUGH (D) OF THIS SUBPARAGRAPH SHALL GIVE THE OPERATOR, AT ITS OPTION,
THE RIGHT TO INVESTIGATE AND, BASED ON THE INFORMATION CONTAINED IN SUCH
ITEMS,  IF  HE  OR SHE DETERMINES THAT THE SAFETY OF CAMPGROUND USERS OR
EMPLOYEES WOULD BE ENDANGERED BY ALLOWING  THE  PURCHASER  THAT  IS  NOT
EXERCISING HIS OR HER RIGHTS UNDER THIS SUBDIVISION TO REMAIN AUTHORIZED
TO  USE  THE  CAMPGROUND  FACILITIES, THE OPERATOR SHALL PROVIDE WRITTEN
NOTICE OF SUCH DETERMINATION TO SUCH PURCHASER WHICH SHALL  INFORM  SUCH
PURCHASER  OF  HIS  OR  HER  RIGHT TO RESPOND IN WRITING TO THE OPERATOR
WITHIN THIRTY DAYS OF RECEIPT OF SUCH NOTICE.  UPON  EXPIRATION  OF  THE
THIRTY  DAY  PERIOD,  IF  THE  OPERATOR  REASONABLY  DETERMINES THAT THE
RESPONSE FROM THE PURCHASER NOT EXERCISING HIS OR HER RIGHTS UNDER  THIS
SUBDIVISION  IS INSUFFICIENT, THE OPERATOR MAY TERMINATE THE CONTRACT OF
SUCH PURCHASER.

A. 940                              3

  B. WHEN A PURCHASER CANCELS A CONTRACT PURSUANT  TO  THIS  SUBDIVISION
SUCH  PURCHASER SHALL BE REQUIRED TO HAVE PAID THE PURCHASE PRICE OF HIS
OR HER MEMBERSHIP IN FULL, AS WELL AS ALL OUTSTANDING FEES, DUES, OR ANY
OTHER PAYMENTS DUE AT THE TIME OF CANCELLATION AND FOR NINETY DAYS THER-
EAFTER.   HOWEVER, IF ALL OF THE PURCHASERS WHO SIGNED THE CONTRACT DIE,
THE RELEVANT ESTATE OR ESTATES SHALL BE RELIEVED OF  ANY  FURTHER  OBLI-
GATION UNDER THE CONTRACT NOT THEN DUE AND OWING.
  C.  WRITTEN  NOTIFICATION  OF  THE INTENT TO CANCEL A MEMBERSHIP CAMP-
GROUND CONTRACT SHALL BE SIGNED BY THE PURCHASER OR HIS OR  HER  LEGALLY
DESIGNATED  REPRESENTATIVE  AND  DELIVERED  TO THE OPERATOR BY CERTIFIED
MAIL DULY ADDRESSED TO THE OPERATOR. SUCH NOTIFICATION SHALL  INCLUDE  A
WRITTEN  STATEMENT  THAT CERTIFIES THAT THE REPRESENTATIONS ARE TRUE AND
CORRECT, AND CONTAIN NO MATERIAL OMISSIONS OF FACT TO THE BEST KNOWLEDGE
AND BELIEF OF THE PERSON SUBMITTING THE CERTIFICATION.
  D. IN THE EVENT THAT THE MEMBERSHIP CAMPGROUND CONTRACT IS  SIGNED  BY
MORE  THAN  ONE  PURCHASER, AND ONE OR MORE PURCHASERS MEET THE REQUIRE-
MENTS TO CANCEL PURSUANT TO THIS SUBDIVISION, EVERY PURCHASER UNDER  THE
CONTRACT  SHALL HAVE THE RIGHT TO CANCEL THE CONTRACT PROVIDED THE OTHER
PURCHASER OR PURCHASERS SO NOTIFY THE OPERATOR BY SIGNING  AND  DELIVER-
ING,  AT  THE  SAME TIME, THE SAME CANCELLATION NOTICE REQUIRED BY PARA-
GRAPH C OF THIS SUBDIVISION SIGNED BY THE PURCHASER OR PURCHASERS  MEET-
ING  THE  CANCELLATION REQUIREMENTS, IN WHICH CASE ALL SUCH PURCHASER OR
PURCHASERS WHO SIGN THE CANCELLATION NOTICE SHALL  BE  RELIEVED  OF  ANY
FURTHER  OBLIGATION  UNDER  THE  CONTRACT  EXCEPT  FOR THOSE OBLIGATIONS
OUTLINED IN PARAGRAPH B OF THIS SUBDIVISION.
  S 2. Subdivision 2-a of section 653 of the general  business  law,  as
amended  by  chapter  489  of  the  laws  of 1990, is amended to read as
follows:
  2-a. The following statement, in bold letters of at  least  ten  point
type,  which  advises  the purchaser of the right to cancel the contract
under section six hundred fifty-four of this article shall be  contained
in the contract:
      YOU  MAY  CANCEL  THIS  MEMBERSHIP CONTRACT   WITHOUT ANY PENALTY,
      FORFEITURE, OR FURTHER OBLIGATION WITHIN THREE (3)  BUSINESS  DAYS
      FROM THE DATE THAT YOU EXECUTE SAID CONTRACT. FOR ADDITIONAL RIGHT
      OF CANCELLATION SEE THE DISCLOSURE DOCUMENT.
  Immediately  following  the  above  right  of cancellation notice, the
instructions below shall be given in the same type as the print for  the
contract text.
  "Notice of cancellation shall be in writing subscribed by the purchas-
er    OR HIS OR HER LEGALLY DESIGNATED REPRESENTATIVE and hand delivered
or mailed BY CERTIFIED MAIL to the membership campground operator at the
address stated herein and postmarked not later than three business  days
from the date of execution of said contract. Such notice shall be accom-
panied  by the original or copies of the membership camping contract and
all supporting documentation."
  S 3. Subdivision 2 of section 653  of  the  general  business  law  is
amended by adding a new paragraph o to read as follows:
  O. THE FOLLOWING STATEMENT, IN BOLD LETTERS OF AT LEAST TEN POINT TYPE
WHERE IN CAPITAL LETTERS BELOW, WHICH ADVISES THE PURCHASER OF THE RIGHT
TO  CANCEL  THE  CONTRACT UNDER SECTION SIX HUNDRED FIFTY-FOUR-A OF THIS
ARTICLE, SHALL BE CONTAINED IN THE DISCLOSURE DOCUMENT:
  ADDITIONAL RIGHT OF CANCELLATION: AFTER THREE (3) BUSINESS  DAYS  FROM
THE  DATE  THAT  YOU EXECUTE SAID CONTRACT YOU MAY CANCEL FOR ANY OF THE
FOLLOWING REASONS:

A. 940                              4

  (1) A MATERIAL BREACH IN THE PROVISION OF THE ESSENTIAL  SERVICES  AND
PROGRAMS SET FORTH IN THE MEMBERSHIP CAMPING CONTRACT; OR
  (2)  YOU  HAVE  RELOCATED  TO A PERMANENT RESIDENCE NOT LESS THAN FIVE
HUNDRED MILES FROM A CAMPGROUND OR OTHER FACILITY WHERE YOU CAN USE YOUR
MEMBERSHIP; OR
  (3) YOU, YOUR SPOUSE, OR YOUR DOMESTIC PARTNER CURRENTLY RESIDES IN OR
ARE NOTIFIED OF AND ACCEPT THE OPPORTUNITY TO COMMENCE OCCUPANCY  IN  AN
ADULT CARE FACILITY OR A RESIDENTIAL HEALTH CARE FACILITY; OR
  (4)  YOU,  YOUR  SPOUSE,  OR  YOUR DOMESTIC PARTNER ARE CERTIFIED BY A
PHYSICIAN AS PHYSICALLY UNABLE TO VISIT THE RESORT  AND  MATERIALLY  USE
THE SERVICES AND PROGRAMS AS OUTLINED IN THE CONTRACT; OR
  (5)  YOU  ARE  THE  VICTIM OF DOMESTIC VIOLENCE PERPETRATED BY ANOTHER
SIGNATORY OF THE SAME CONTRACT.
  IMMEDIATELY FOLLOWING THE ABOVE  RIGHT  OF  CANCELLATION  NOTICE,  THE
INSTRUCTIONS  BELOW SHALL BE GIVEN IN THE SAME TYPE AS THE PRINT FOR THE
CONTRACT TEXT.
  "NOTICE OF CANCELLATION SHALL BE IN WRITING SUBSCRIBED BY THE PURCHAS-
ER OR HIS OR HER LEGALLY DESIGNATED REPRESENTATIVE AND SENT BY CERTIFIED
MAIL TO THE MEMBERSHIP CAMPGROUND OPERATOR AT THE ADDRESS STATED HEREIN.
SUCH NOTICE SHALL BE ACCOMPANIED  BY  THE  ORIGINAL  OR  COPIES  OF  THE
MEMBERSHIP CAMPING CONTRACT AND ALL SUPPORTING DOCUMENTATION. IF YOU ARE
EXERCISING  YOUR RIGHT TO CANCEL AFTER THREE BUSINESS DAYS, SUCH NOTIFI-
CATION SHALL ALSO INCLUDE A WRITTEN STATEMENT THAT  CERTIFIES  THAT  THE
REPRESENTATIONS  ARE TRUE AND CORRECT, AND CONTAIN NO MATERIAL OMISSIONS
OF FACT TO THE BEST OF YOUR KNOWLEDGE AND BELIEF."
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.