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This entry was published on 2014-09-22
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SECTION 13.15
Fees and deposits; refunds
Parks, Recreation and Historic Preservation (PAR) CHAPTER 36-B, TITLE C, ARTICLE 13
§ 13.15 Fees and deposits; refunds. 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.