S T A T E O F N E W Y O R K
________________________________________________________________________
6989
I N S E N A T E
April 19, 2012
___________
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14957-01-2
S. 6989 2
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.