senate Bill S1010

2013-2014 Legislative Session

Redefines "campground" for the purposes of the Adirondack park

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

S1010 - Bill Details

See Assembly Version of this Bill:
A4743
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง802, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S345, A151
2009-2010: S322, A447

S1010 - Bill Texts

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Redefines "campground" for the purposes of the Adirondack park and regulation by the Adirondack park agency; defines such term as a parcel of land with 5 or more campsites, including buildings and accessory structures; provides that recreational vehicles may be kept at a campground or campsite, with the consent of the owner of the campground, during periods of time when they are not in use, so long as they are not used in a manner which violates the campground permit.

view sponsor memo
BILL NUMBER:S1010

TITLE OF BILL:
An act
to amend the executive law, in relation to the definition of a campground
within the Adirondack park

PURPOSE:
To provide a more accurate definition of a campground and to permit
recreational vehicles to remain on campgrounds and on campsites in
such campgrounds during those times that they are not occupied.

SUMMARY OF PROVISIONS:

Section 1- Amends subdivision 10 of section 802 of the executive law
redefining campground as a tract or parcel of land, including
principal buildings and accessory structures, where five or more
campsites are made available for temporary or seasonal overnight
occupancy. Nothing in this article shall require the removal of a
recreational vehicle that remains on a campground or a campsite in
such campground, with the consent of the owner of the campground
during those periods of time that it is not occupied, provided that
it is not use in a manner that violates the terms and conditions of
the permit issued to the campground by the state or a county
department of health.

Section 2- Amends section 802 of the executive law to define
recreational vehicle as a vehicular camping unit primarily designed
as temporary living quarters for recreational, camping, travel or
seasonal use that has its own motive power or is mounted on or towed
by another vehicle.

Section 3- Contains the effective date.

JUSTIFICATION:
There are 133 privately owned campgrounds in the Adirondack Park.
Historically, these campgrounds (with very few exceptions) have
derived most (and, in some instances, all) of their revenues from
"seasonal campers" (i.e., campers who enter into agreements with
campgrounds that allow them to occupy a campsite for an entire season
and to leave their recreational vehicles on the campsite on a
permanent basis).

On numerous occasions during the past several years, the Adirondack
Park Agency has attempted to enact or enforce regulation that would
require that these seasonal campers to remove their recreational
vehicles from the campgrounds after a certain number of days (usually
120 days).

Enforcement of such practice would result in the financial ruin of
most campgrounds within the Adirondack Park. This, in turn, would
impose a severe hardship upon those rural communities that rely
heavily upon the tourism dollars generated by these campgrounds. It
would also deprive thousands of New Yorkers of modest means with an
opportunity to experience one of New York's greatest treasures.


LEGISLATIVE HISTORY:
2011-12: S. 345 Passed Senate; A. 151 Referred to Environmental
Conservation
2009-10: S. 322 Finance: A. 447 Environmental Conservation
2008: S. 3660-A Finance; A. 10609 Environmental Conservation

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE:
This act shall take effect immediately

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

                                  1010

                       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 Finance

AN ACT to amend the executive law, in relation to the  definition  of  a
  campground within the Adirondack park

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

  Section 1. Subdivision 10 of section 802  of  the  executive  law,  as
amended  by  chapter  348  of  the  laws  of 1973, is amended to read as
follows:
  10. "Campground" means [any area designed for transient  occupancy  by
camping in tents, camp trailers, travel trailers, motor homes or similar
facility  designed  for  temporary  shelter]  A TRACT OR PARCEL OF LAND,
INCLUDING PRINCIPAL BUILDINGS AND ACCESSORY STRUCTURES,  WHERE  FIVE  OR
MORE  CAMPSITES  ARE  MADE AVAILABLE FOR TEMPORARY OR SEASONAL OVERNIGHT
OCCUPANCY. NOTHING IN THIS ARTICLE SHALL REQUIRE THE REMOVAL OF A RECRE-
ATIONAL VEHICLE THAT REMAINS ON A CAMPGROUND OR A CAMPSITE IN SUCH CAMP-
GROUND, WITH THE CONSENT OF THE OWNER OF  THE  CAMPGROUND  DURING  THOSE
PERIODS OF TIME THAT IT IS NOT OCCUPIED, PROVIDED THAT IT IS NOT USED IN
A  MANNER THAT VIOLATES THE TERMS AND CONDITIONS OF THE PERMIT ISSUED TO
THE CAMPGROUND BY THE STATE OR A COUNTY DEPARTMENT OF HEALTH.
  S 2. Section 802 of the executive law  is  amended  by  adding  a  new
subdivision 55-a to read as follows:
  55-A.  "RECREATIONAL VEHICLE" MEANS A VEHICULAR CAMPING UNIT PRIMARILY
DESIGNED AS TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING,  TRAVEL
OR  SEASONAL USE THAT HAS ITS OWN MOTIVE POWER OR IS MOUNTED ON OR TOWED
BY ANOTHER VEHICLE.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01139-01-3

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