Bill Text: NY S06989 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges at a campground.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-19 - REFERRED TO JUDICIARY [S06989 Detail]

Download: New_York-2011-S06989-Introduced.html

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                           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:
    1    Section 1.  The lien law is amended by adding a  new  section  181  to
    2  read as follows:
    3    S  181.  CAMPGROUND  OWNER'S  LIEN.  1.  DEFINITIONS.  AS USED IN THIS
    4  SECTION:
    5    (A) "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, WHERE FIVE OR MORE
    6  CAMPSITES ARE MADE AVAILABLE FOR USE AS TEMPORARY  LIVING  QUARTERS  FOR
    7  RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE.
    8    (B)  "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR
    9  AN AGENT OF SUCH OWNER OR OPERATOR.
   10    (C) "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY  AGREE-
   11  MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
   12    (D)  "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A CAMP-
   13  GROUND OWNER AND A GUEST THAT ESTABLISHES OR MODIFIES THE TERMS,  CONDI-
   14  TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
   15  A CAMPSITE.
   16    (E)  "RECREATIONAL  VEHICLE"  MEANS  A  VEHICLE  PRIMARILY DESIGNED AS
   17  TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR  SEASONAL
   18  USE THAT EITHER HAS ITS OWN MOTIVE POWER, OR IS MOUNTED ON OR TOWED BY A
   19  MOTOR VEHICLE.
   20    2. LIEN. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE AND
   21  ITS  CONTENTS FOR OCCUPANCY FEES AND OTHER CHARGES THAT ARE SET FORTH IN
   22  AN OCCUPANCY AGREEMENT, TOGETHER WITH SUCH OTHER FEES AND CHARGES THAT A
   23  GUEST MAY INCUR IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED
   24  BY THE CAMPGROUND OWNER, AND SUCH OTHER AND FURTHER  EXPENSES  THAT  THE
   25  CAMPGROUND  OWNER  MAY REASONABLY INCUR IN CONNECTION WITH THE PRESERVA-
   26  TION AND SALE OR OTHER DISPOSITION OF THE RECREATIONAL VEHICLE  AND  ITS
   27  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
    1  SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST AND  ATTACHES
    2  AS OF THE DATE OF EXECUTION OF THE OCCUPANCY AGREEMENT.
    3    3. ENFORCEMENT OF LIEN. A CAMPGROUND OWNER'S LIEN SHALL BE ENFORCED IN
    4  ACCORDANCE WITH THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER.
    5    S 2. This act shall take effect immediately.