Bill S157-2011

Relates to the right to cancel a membership campground contract

Provides the right to cancel a membership campground contract where the purchaser has been a member for at least five years, is medically unable to utilize the facilities, has paid all dues and fees through the current year and provides notice.

Details

Actions

  • Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
  • Jan 5, 2011: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S157

TITLE OF BILL: An act to amend the general business law, in relation to cancellation of membership campground contracts

PURPOSE OR GENERAL IDEA OF BILL: Provides members of membership campgrounds grounds to surrender those memberships

SUMMARY OF SPECIFIC PROVISIONS: Amends Section 654 of the general business law by adding a new subdivision 3 specifying conditions which will allow membership in a membership campground to be surrendered.

JUSTIFICATION: Many New Yorkers purchase memberships in membership campgrounds to enjoy the facilities and conveniences offered. unfortunately, some contracts include provisions that lock in the purchaser under conditions that can be considered unconscionable. Additionally, these contracts may not even allow a member to resign their membership, even as life changes may have made it impossible for that person to continue to use those facilities. This bill addresses the issue by providing the ability for members of membership campgrounds to resign their memberships under limited circumstances. Persons who have relocated at least 500 miles from the membership campground or have been certified by a physician as being unable for medical reasons to continue to use those facilities will be allowed to resign provided that they are current with all dues or fees owed to that campground. In addition, the bill will allow a person who has been a member in good standing for at least five years to resign their membership as well. Taken together, these will provide consumer safeguards while still protecting the ability of membership campgrounds to count on long term usage and membership for their own planning purposes.

PRIOR LEGISLATIVE HISTORY: S.4859/S.6507 of 2009-2010; Referred to Consumer Protection

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 157 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to cancellation of membership campground contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 654 of the general business law is amended by adding a new subdivision 3 to read as follows: 3. A PURCHASER OF A MEMBERSHIP CAMPGROUND CONTRACT SHALL HAVE THE RIGHT TO CANCEL SUCH CONTRACT UNDER THE FOLLOWING CONDITIONS: A. THE PURCHASER HAS BEEN A MEMBER IN GOOD STANDING FOR A PERIOD OF NOT LESS THAN FIVE YEARS; OR B. THE PURCHASER HAS RECEIVED WRITTEN CERTIFICATION FROM A PHYSICIAN THAT THEIR HEALTH AND/OR PHYSICAL CONDITION WILL NO LONGER PERMIT SUCH PERSON TO UTILIZE THE FACILITIES OFFERED BY THE MEMBERSHIP CAMPGROUND; OR C. THE PURCHASER HAS RELOCATED TO A PERMANENT RESIDENCE NOT LESS THAN FIVE HUNDRED MILES FROM THE MEMBERSHIP CAMPGROUND. WHERE A PURCHASER CANCELS A CONTRACT PURSUANT TO THIS SUBDIVISION SUCH PURCHASER SHALL BE REQUIRED TO HAVE PAID ALL OUTSTANDING FEES, DUES, OR ANY OTHER PAYMENTS DUE TO THE MEMBERSHIP CAMPGROUND THROUGH THE BALANCE OF THE CURRENT CALENDAR YEAR. NOTIFICATION OF THE INTENT TO CANCEL A MEMBERSHIP CAMPGROUND CONTRACT SHALL BE DELIVERED TO THE MANAGEMENT OF THE MEMBERSHIP CAMPGROUND BY CERTIFIED UNITED STATES MAIL THIRTY DAYS PRIOR TO CANCELLATION. S 2. This act shall take effect immediately.

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