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

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S1007-2013 Actions

• Mar 15, 2013: PRINT NUMBER 1007A
• Mar 15, 2013: AMEND AND RECOMMIT TO JUDICIARY
• Jan 9, 2013: REFERRED TO JUDICIARY

S1007-2013 Memo

BILL NUMBER:S1007

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.

S1007-2013 Text

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

                                    1007

                         2013-2014 Regular Sessions

                              I N  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  THE

   EXPLANATION--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.