1. The Laws of New York
  2. Consolidated Laws
  3. Parks, recreation and historic preservation
  4. Title C: Parks, Recreation and Historic Preservation
  5. Article 13: General Provisions


Section 13.15 Fees and deposits; refunds

Parks, recreation and historic preservation (PAR)

1. The office or other state agency having jurisdiction of any state park, parkway, recreational facility or historic site may establish fees or other charges for the use thereof, or for the furnishing of special services with respect thereto.

  2. Notwithstanding any other provision of law, the office or such state agency may promulgate regulations requiring cash deposits from patrons of state parks and other facilities as security to protect state property against loss or damage, or to limit the extent or duration of the use of facilities, or to guarantee compensation to the state for facilities rented or engaged. Such regulations shall establish the conditions under which such deposits shall be forfeited. Such deposits, not paid in consideration for services rendered or facilities used, shall not be considered as receipts and may be returned by the office or such state agency to the depositor upon satisfaction of all provisions for which the deposit was taken. Upon the forfeiture of any such deposit, the deposit shall become a part of the receipts of the office or such state agency. Moneys that have been paid for services to be rendered or for facilities to be used may be refunded within one year from the receipt thereof if the commissioner or state agency shall determine that the services have not been rendered or that conditions beyond the control of the patron will prevent his use of the facilities. Such refund, after audit by the comptroller shall be paid from any moneys in the custody of the office or such state agency received pursuant to this section.

  3. The fees and other charges of any nature made for the use of state parks, other state recreational facilities and historic sites under the jurisdiction of the office or any other state agency shall not hereafter be decreased without the approval of the director of the budget.

  4. No regulation, rule or order of the Palisades interstate park commission which establishes a fee, charge or deposit pursuant to this section shall be effective until approved by the commissioner.

  5. (a) The office or other state agency having jurisdiction of any state park, parkway, recreational facility or historic site may enter into agreements with one or more financing agencies to provide for the acceptance by such office or other state agency of credit cards as a means of payment of fees for the use of its facilities or for the furnishing of special services with respect thereto. Any such agreement shall govern the terms and conditions upon which a credit card proferred as a means of payment of such fees shall be accepted or declined and the manner in and conditions upon which the financing agency shall pay to the office or other state agency the amount of such fees paid by means of a credit card pursuant to such agreement. Any such agreement may provide for the deduction by such financing agency of any fees for the services provided by such financing agency from fees collected by it.

  (b) For the purposes of this subdivision, the following terms shall have the following meanings:

  (1) "Credit card" shall mean any credit card, credit plate, charge plate, courtesy card, debit card or other identification card or device issued by a person to another person which may be used to obtain a cash advance or a loan or credit or to purchase or lease property or services on the credit of the person issuing the credit card or a person who has agreed with the issuer to pay obligations arising from the use of a credit card issued to another person.

  (2) "Financing agency" shall mean any agency defined as such in subdivision eighteen of section four hundred one of the personal property law.

  6. The office may establish a fee or fees for its processing and review of applications for the certification of the rehabilitation of historic buildings and the approval of rehabilitation expenditures and related work pursuant to subsection (pp) of section six hundred six of the tax law. All revenues from these fees shall be deposited by the comptroller in the miscellaneous special revenue fund to be credited to the agency's patron services account and shall be used to support the office's historic preservation program. Nothing in this subdivision shall be construed to limit the ability of a local landmark commission established pursuant to section ninety-six-a or one hundred nineteen-dd of the general municipal law or a local government certified pursuant to section 101(c)(1) of the national historic preservation act to establish and charge fees for its processing and review of applications for the certification of the rehabilitation of historic buildings and the approval of rehabilitation expenditures.