senate Bill S1007

Amended

Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges at a campground

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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

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 15 / Mar / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 15 / Mar / 2013
    • PRINT NUMBER 1007A
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges at a campground.

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Bill Details

Versions:
S1007
S1007A
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Lien Law
Laws Affected:
Add ยง181, Lien L
Versions Introduced in 2011-2012 Legislative Cycle:
S6989

Sponsor Memo

BILL NUMBER:S1007

TITLE OF BILL:
An act
to amend the lien law, in relation to establishing a campground
owner's lien

PURPOSE:
Establishes a lien, for the benefit of a campground owner, on the
recreational vehicle of a campground guest for unpaid charges to a
campground.

SUMMARY OF PROVISIONS:

Section 1- Creates a new section 181 of the lien law which defines a
campground, campground owner, guest, occupancy agreement and
recreational vehicle and provides for a lien against a recreational
vehicle and its contents. The lien is superior to any other lien or
security interest and shall be enforced in accordance with provisions
of Article 9 of the lien law.

Section 2- Contains 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.

LEGISLATIVE HISTORY:
2012 S. 6989 Referred to Judiciary; A. 9980 Referred to Judiciary

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1007

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee 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 AND
ITS  CONTENTS 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 SUCH OTHER AND FURTHER  EXPENSES  THAT  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01204-01-3

S. 1007                             2

CAMPGROUND  OWNER  MAY REASONABLY INCUR IN CONNECTION WITH THE PRESERVA-
TION AND SALE OR OTHER DISPOSITION OF THE RECREATIONAL VEHICLE  AND  ITS
CONTENTS  IN ACCORDANCE WITH THIS CHAPTER. THE LIEN PROVIDED FOR IN THIS
SECTION  IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST AND ATTACHES
AS OF THE DATE OF EXECUTION OF THE OCCUPANCY AGREEMENT.
  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.

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