Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges at a campground.
TITLE OF BILL: An act to amend the lien law, in relation to establishing a campground owner's lien
PURPOSE: Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges to a campground.
SUMMARY OF PROVISIONS:
Section 1- Creates a new section 181 of the lien law which defines a campground, campground owner, guest, occupancy agreement and recreational vehicle and provides for a lien against a recreational vehicle and its contents. The lien is superior to any other lien or security interest and shall be enforced in accordance with provisions of Article 9 of the lien law.
Section 2- Contains the effective date.
JUSTIFICATION: In essence, a campground owner is no different than a garage keeper or self-service storage facility owner, who is entitled to a lien when a customer or occupant defaults under the terms of a storage contract or occupancy agreement. Campground owners are particularly susceptible when long-term guests fall behind in payments and abandon their recreational vehicles at the end of a camping season. The remedies provided under the Lien Law are the only cost effective way for a campground owner to recoup his or her losses under these circumstances.
LEGISLATIVE HISTORY: 2012 S. 6989 Referred to Judiciary; A. 9980 Referred to Judiciary
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1007 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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 THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01204-01-3 S. 1007 2
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 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.