S157-2011 Actions

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

S157-2011 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.

S157-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          157
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00655-01-1

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