senate Bill S157

Relates to the right to cancel a membership campground contract

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION

Summary

Provides the right to cancel a membership campground contract where the purchaser has been a member for at least five years, is medically unable to utilize the facilities, has paid all dues and fees through the current year and provides notice.

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Bill Details

See Assembly Version of this Bill:
A2031
Versions:
S157
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง654, Gen Bus L
Versions Introduced in 2009-2010 Legislative Cycle:
S4859, A6507

Sponsor Memo

BILL NUMBER:S157

TITLE OF BILL:
An act
to amend the general business law, in relation to cancellation of
membership campground contracts

PURPOSE OR GENERAL IDEA OF BILL:
Provides members of membership campgrounds grounds to surrender those
memberships

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 654 of the general business law by adding a new
subdivision 3 specifying conditions which will allow membership in a
membership campground to be surrendered.

JUSTIFICATION:
Many New Yorkers purchase memberships in membership campgrounds to
enjoy the facilities and conveniences offered. unfortunately, some
contracts include provisions that lock in the purchaser under
conditions that can be considered unconscionable. Additionally, these
contracts may not even allow a member to resign their membership,
even as life changes may have made it impossible for that person to
continue to use those facilities.
This bill addresses the issue by providing the ability for members of
membership campgrounds to resign their memberships under limited
circumstances. Persons who have relocated at least 500 miles from the
membership campground or have been certified by a physician as being
unable for medical reasons to continue to use those facilities will
be allowed to resign provided that they are current with all dues or
fees owed to that campground. In addition, the bill will allow a
person who has been a member in good standing for at least five years
to resign their membership as well. Taken together, these will
provide consumer safeguards while still protecting the ability of
membership campgrounds to count on long term usage and membership for
their own planning purposes.

PRIOR LEGISLATIVE HISTORY:
S.4859/S.6507 of 2009-2010; Referred to Consumer Protection

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   157

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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

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

  Section  1.  Section  654  of  the  general business law is amended by
adding a new subdivision 3 to read as follows:
  3. A PURCHASER OF A MEMBERSHIP  CAMPGROUND  CONTRACT  SHALL  HAVE  THE
RIGHT TO CANCEL SUCH CONTRACT UNDER THE FOLLOWING CONDITIONS:
  A.  THE  PURCHASER  HAS BEEN A MEMBER IN GOOD STANDING FOR A PERIOD OF
NOT LESS THAN FIVE YEARS; OR
  B. THE PURCHASER HAS RECEIVED WRITTEN CERTIFICATION FROM  A  PHYSICIAN
THAT  THEIR  HEALTH AND/OR PHYSICAL CONDITION WILL NO LONGER PERMIT SUCH
PERSON TO UTILIZE THE FACILITIES OFFERED BY THE  MEMBERSHIP  CAMPGROUND;
OR
  C.  THE PURCHASER HAS RELOCATED TO A PERMANENT RESIDENCE NOT LESS THAN
FIVE HUNDRED MILES FROM THE MEMBERSHIP CAMPGROUND.
  WHERE A PURCHASER CANCELS A CONTRACT PURSUANT TO THIS SUBDIVISION SUCH
PURCHASER SHALL BE REQUIRED TO HAVE PAID ALL OUTSTANDING FEES, DUES,  OR
ANY  OTHER PAYMENTS DUE TO THE MEMBERSHIP CAMPGROUND THROUGH THE BALANCE
OF THE CURRENT CALENDAR YEAR. NOTIFICATION OF THE  INTENT  TO  CANCEL  A
MEMBERSHIP  CAMPGROUND  CONTRACT SHALL BE DELIVERED TO THE MANAGEMENT OF
THE MEMBERSHIP CAMPGROUND BY CERTIFIED UNITED STATES  MAIL  THIRTY  DAYS
PRIOR TO CANCELLATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00655-01-1

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