senate Bill S1007A

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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Sponsor

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

See Assembly Version of this Bill:
A7308
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:S1007A

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 the 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. Further the bill 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 additional notice, served by certified mail,
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 to remove his or her
personal property from the recreational vehicle prior to the time that
it is sold pursuant to article 9. The lien provided for in this
section is superior to any other lien or security interest.

JUSTIFICATION: In essence, a campground owner is no different than a
garage keeper of 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 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.6968 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--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01204-02-3

S. 1007--A                          2

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
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.

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