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

                                  7308

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

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:

  Section 1.  The lien law is amended by adding a  new  section  181  to
read as follows:
  S  181.  CAMPGROUND  OWNER'S  LIEN.  1.  DEFINITIONS.  AS USED IN THIS
SECTION:
  (A) "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, WHERE FIVE OR MORE
CAMPSITES ARE MADE AVAILABLE FOR USE AS TEMPORARY  LIVING  QUARTERS  FOR
RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE.
  (B)  "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR
AN AGENT OF SUCH OWNER OR OPERATOR.
  (C) "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY  AGREE-
MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
  (D)  "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A CAMP-
GROUND OWNER AND A GUEST THAT ESTABLISHES OR MODIFIES THE TERMS,  CONDI-
TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
A CAMPSITE.
  (E)  "RECREATIONAL  VEHICLE"  MEANS  A  VEHICLE  PRIMARILY DESIGNED AS
TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR  SEASONAL
USE THAT EITHER HAS ITS OWN MOTIVE POWER, OR IS MOUNTED ON OR TOWED BY A
MOTOR VEHICLE.
  2. LIEN. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR
OCCUPANCY  FEES  AND  OTHER  CHARGES  THAT ARE SET FORTH IN AN OCCUPANCY
AGREEMENT, TOGETHER WITH SUCH OTHER FEES AND CHARGES THAT  A  GUEST  MAY
INCUR  IN  A  STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED BY THE
CAMPGROUND OWNER AND THE REASONABLE AND ACTUAL  COSTS  INCURRED  BY  THE
CAMPGROUND  OWNER  IN  ENFORCING A LIEN UNDER THIS CHAPTER. A CAMPGROUND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01204-03-3
              

A. 7308                             2

OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS  AND  PRIVILEGES  UNDER  THIS
SECTION  UNTIL A GUEST HAS BEEN IN A DEFAULT IN THE PAYMENT OF OCCUPANCY
FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS, AFTER WHICH TIME THE
CAMPGROUND  OWNER  SHALL PROVIDE THE GUEST WITH WRITTEN NOTICE BY CERTI-
FIED MAIL WHICH CONTAINS THE FOLLOWING:
  (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A  PERIOD  OF  THIRTY
DAYS  OR  MORE  UNDER  THE  TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
AGREEMENT;
  (B) THE AMOUNT OF SUCH DEFAULT;
  (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
WAS MAILED; AND
  (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT,  THE  GUEST'S
RECREATIONAL  VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
CAMPSITE AND THAT THE CAMPGROUND  OWNER  WILL  COMMENCE  PROCEEDINGS  TO
ENFORCE  ITS  LIEN  PURSUANT  TO  THE PROVISIONS OF ARTICLE NINE OF THIS
CHAPTER.
  SUCH NOTICE SHALL ALSO PROVIDE THE GUEST WITH TIMES AND DATES THAT  HE
OR  SHE  MAY RETRIEVE HIS OR HER PERSONAL PROPERTY FROM THE RECREATIONAL
VEHICLE AND THAT SUCH PROPERTY SHALL BE DEEMED TO HAVE BEEN ABANDONED IF
NOT RETRIEVED PRIOR TO THE TIME AND DATE THAT THE  RECREATIONAL  VEHICLE
IS  SOLD PURSUANT TO ARTICLE NINE OF THIS CHAPTER. THE LIEN PROVIDED FOR
IN THIS SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST.
  3. ENFORCEMENT OF LIEN. A CAMPGROUND OWNER'S LIEN SHALL BE ENFORCED IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER.
  S 2. This act shall take effect immediately.