NY State Senate Bill 2015-S1684B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2016	referred to judiciary delivered to assembly passed senate
Jun 01, 2016	ordered to third reading cal.1214 committee discharged and committed to rules
Jan 06, 2016	referred to judiciary returned to senate died in assembly
Jun 17, 2015	referred to judiciary delivered to assembly passed senate ordered to third reading cal.1769 committee discharged and committed to rules
Jun 10, 2015	print number 1684b
Jun 10, 2015	amend (t) and recommit to judiciary
May 14, 2015	print number 1684a
May 14, 2015	amend and recommit to judiciary
Jan 14, 2015	referred to judiciary

Votes

- Jun 8, 2016 - Floor Vote
  S1684B
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Diaz
      
      Espaillat
      
      Panepinto
  Jun 17, 2015 - Floor Vote
  S1684B
  
  60
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (60)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (3)
      
      Dilan
      
      Krueger
      
      Panepinto
  Jun 1, 2016 - Rules Committee Vote
  S1684B
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Dilan
      
      Hannon
  Jun 17, 2015 - Rules Committee Vote
  S1684B
  
  19
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2015
      
      aye (19)
      
      Bonacic
      
      Carlucci
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (2)
      
      Dilan
      
      Krueger
      
      aye wr (4)
      
      Breslin
      
      Gianaris
      
      LaValle
      
      Perkins

Bill Amendments

Original

B (Active)

2015-S1684 - Details

See Assembly Version of this Bill:: A7768
Current Committee:: Assembly Judiciary
Law Section:: Lien Law
Laws Affected:: Add §181, Lien L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6989
2013-2014: S1007
2017-2018: S751, A1496

2015-S1684 - Summary

Relates to campground owner's lien.

2015-S1684 - Sponsor Memo

                                BILL NUMBER:S1684           REVISED MEMO 01/21/2015

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 the
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. Further the bill provides for a lien against a
recreational vehicle if a guest is in default in payment of occupancy
fees and other charges for a period of 30 days. The campground owner
is required to provide additional notice, served by certified mail,
which advises that the guest is in default and his or her recreational
vehicle will be removed from a campsite and that proceedings will be
commenced to enforce a lien under article 9 of the lien law. The
notice shall also provide the guest with notice to remove his or her
personal property from the recreational vehicle prior to the time that
it is sold pursuant to article 9. The lien provided for in this
section is superior to any other lien or security interest.

EXISTING LAW:

JUSTIFICATION:

In essence, a campground owner is no different than a garage keeper of
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 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:

2013/14: S.1007A Referred to Judiciary; A.7308 Referred to Judiciary
2012: S.6968 Referred to Judiciary; A.9980 Referred to Judiciary

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1684 - Bill Text download pdf

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

                                  1684

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

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 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 THE REASONABLE AND ACTUAL  COSTS  INCURRED  BY  THE
CAMPGROUND  OWNER  IN  ENFORCING A LIEN UNDER THIS CHAPTER. A CAMPGROUND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06258-01-5

S. 1684                             2

OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS  AND  PRIVILEGES  UNDER  THIS
SECTION  UNTIL A GUEST HAS BEEN IN A DEFAULT IN THE PAYMENT OF OCCUPANCY
FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS, AFTER WHICH TIME THE
CAMPGROUND  OWNER  SHALL PROVIDE THE GUEST WITH WRITTEN NOTICE BY CERTI-
FIED MAIL WHICH CONTAINS THE FOLLOWING:
  (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A  PERIOD  OF  THIRTY
DAYS  OR  MORE  UNDER  THE  TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
AGREEMENT;
  (B) THE AMOUNT OF SUCH DEFAULT;
  (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
WAS MAILED; AND
  (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT,  THE  GUEST'S
RECREATIONAL  VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
CAMPSITE AND THAT THE CAMPGROUND  OWNER  WILL  COMMENCE  PROCEEDINGS  TO
ENFORCE  ITS  LIEN  PURSUANT  TO  THE PROVISIONS OF ARTICLE NINE OF THIS
CHAPTER.
  SUCH NOTICE SHALL ALSO PROVIDE THE GUEST WITH TIMES AND DATES THAT  HE
OR  SHE  MAY RETRIEVE HIS OR HER PERSONAL PROPERTY FROM THE RECREATIONAL
VEHICLE AND THAT SUCH PROPERTY SHALL BE DEEMED TO HAVE BEEN ABANDONED IF
NOT RETRIEVED PRIOR TO THE TIME AND DATE THAT THE  RECREATIONAL  VEHICLE
IS  SOLD PURSUANT TO ARTICLE NINE OF THIS CHAPTER. THE LIEN PROVIDED FOR
IN THIS SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST.
  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.

2015-S1684A - Details

See Assembly Version of this Bill:: A7768
Current Committee:: Assembly Judiciary
Law Section:: Lien Law
Laws Affected:: Add §181, Lien L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6989
2013-2014: S1007
2017-2018: S751, A1496

2015-S1684A - Summary

Relates to campground owner's lien.

2015-S1684A - Sponsor Memo

                                BILL NUMBER:S1684A

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 the
campground.

SUMMARY OF PROVISIONS:

Section 1 - Creates a new section 181 of the lien law, which defines a
campground, campground owner, campground season, guest, occupancy
agreement and recreational vehicle. Further the bill provides for a
lien against a recreational vehicle if a guest is in default in
payment of occupancy fees and other charges for a period of 30 days.
The campground owner is required to provide additional notice, served
by certified mail, which advises that the guest is in default and his
or her recreational vehicle will be removed from a campsite and that
proceedings will be commenced to enforce a lien under article 9 of the
lien law. The notice shall also provide the guest with notice to
remove his or her personal property from the recreational vehicle

prior to the time that it is sold pursuant to article 9. A similar
notice shall be served upon lien holders.

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 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:

2013/14: S. 1007A Referred to Judiciary; A. 7308 Referred to Judiciary
2012: S. 6968 Referred to Judiciary; A. 9980 Referred to Judiciary

FISCAL IMPLICATIONS:

none

LOCAL FISCAL IMPLICATIONS:

none

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1684A - Bill Text download pdf

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

                                 1684--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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)  "CAMPING  SEASON"  MEANS  THE PERIOD OF TIME THAT A CAMPGROUND IS
OPEN FOR THE PURPOSE OF ALLOWING GUESTS TO OCCUPY CAMPSITES  DURING  THE
COURSE OF A YEAR.
  (D)  "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY AGREE-
MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
  (E) "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.
  (F) "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
ANOTHER MOTOR VEHICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06258-03-5

S. 1684--A                          2

  2. LIEN. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE 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  THE  REASONABLE AND ACTUAL COSTS INCURRED BY THE
CAMPGROUND OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER,  PROVIDED  THAT
SUCH  LIEN  SHALL NOT EXTEND TO STORAGE FEES INCURRED AFTER THE END OF A
CAMPING SEASON OR THE DATE THAT A RECREATIONAL VEHICLE IS REMOVED FROM A
CAMPSITE PURSUANT TO THIS SECTION, WHICHEVER IS EARLIER.   A  CAMPGROUND
OWNER  SHALL  NOT  EXERCISE  ANY OF THE RIGHTS AND PRIVILEGES UNDER THIS
SECTION UNTIL A GUEST HAS BEEN IN DEFAULT IN THE  PAYMENT  OF  OCCUPANCY
FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS, AFTER WHICH TIME THE
CAMPGROUND  OWNER  SHALL PROVIDE THE GUEST WITH WRITTEN NOTICE BY CERTI-
FIED MAIL WHICH CONTAINS THE FOLLOWING:
  (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A  PERIOD  OF  THIRTY
DAYS  OR  MORE  UNDER  THE  TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
AGREEMENT;
  (B) THE AMOUNT OF SUCH DEFAULT;
  (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
WAS MAILED;
  (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT,  THE  GUEST'S
RECREATIONAL  VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
CAMPSITE AND THAT THE CAMPGROUND  OWNER  WILL  COMMENCE  PROCEEDINGS  TO
ENFORCE  ITS  LIEN  PURSUANT  TO  THE PROVISIONS OF ARTICLE NINE OF THIS
CHAPTER; AND
  (E) THE TIMES AND DATES  THAT  THE  GUEST  MAY  RETRIEVE  HIS  OR  HER
PERSONAL  PROPERTY  FROM THE RECREATIONAL VEHICLE AND THAT SUCH PROPERTY
SHALL BE DEEMED TO HAVE BEEN ABANDONED IF NOT  RETRIEVED  PRIOR  TO  THE
TIME  AND DATE THAT THE RECREATIONAL VEHICLE IS SOLD PURSUANT TO ARTICLE
NINE OF THIS CHAPTER.
  4. A LIKE NOTICE SHALL BE SERVED IN THE SAME MANNER  UPON  ANY  PERSON
WHO SHALL HAVE GIVEN TO THE LIENOR NOTICE OF AN INTEREST IN THE PROPERTY
SUBJECT TO THE LIEN OR IS LISTED AS A LIENHOLDER UPON THE CERTIFICATE OF
TITLE  OF  THE  RECREATIONAL  VEHICLE  PURSUANT TO THE PROVISIONS OF THE
VEHICLE AND TRAFFIC LAW.
  S 2. This act shall take effect immediately.

co-Sponsors

2015-S1684B (ACTIVE) - Details

See Assembly Version of this Bill:: A7768
Current Committee:: Assembly Judiciary
Law Section:: Lien Law
Laws Affected:: Add §181, Lien L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6989
2013-2014: S1007
2017-2018: S751, A1496

2015-S1684B (ACTIVE) - Summary

Relates to campground owner's lien.

2015-S1684B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1684B

TITLE OF BILL:

An act to amend the lien law, in relation to 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 the
campground.

SUMMARY OF PROVISIONS:

Section 1 - Creates a new section 181 of the lien law, which defines a
campground, campground owner, campground season, guest, occupancy
agreement and recreational vehicle. Further the bill provides for a
lien against a recreational vehicle if a guest is in default in
payment of occupancy fees and other charges for a period of 30 days.
The campground owner is required to provide additional notice, served
by certified mail, which advises that the guest is in default and his
or her recreational vehicle will be removed from a campsite and that
proceedings will be commenced to enforce a lien under article 9 of the
lien law. The notice shall also provide the guest with notice to
remove his or her personal property from the recreational vehicle
prior to the time that it is sold pursuant to article 9. A similar

notice shall be served upon lien holders.

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 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:

2013/14: S. 1007A Referred to Judiciary; A. 7308 Referred to Judiciary
2012: S. 6968 Referred to Judiciary; A. 9980 Referred to Judiciary

FISCAL IMPLICATIONS:

none

LOCAL FISCAL IMPLICATIONS:

none

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1684B (ACTIVE) - Bill Text download pdf

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

                                 1684--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the lien law, in relation to 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. AS USED IN THIS ARTICLE:
  (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)  "CAMPING  SEASON"  MEANS  THE PERIOD OF TIME THAT A CAMPGROUND IS
OPEN FOR THE PURPOSE OF ALLOWING GUESTS TO OCCUPY CAMPSITES  DURING  THE
COURSE OF A YEAR.
  (D)  "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY AGREE-
MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
  (E) "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A  CAMP-
GROUND  OWNER  AND  GUEST THAT ESTABLISHES OR MODIFIES THE TERMS, CONDI-
TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
A CAMPSITE.
  (F) "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
ANOTHER VEHICLE.
  2. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR OCCU-
PANCY FEES AND OTHER CHARGES THAT ARE SET FORTH IN AN  OCCUPANCY  AGREE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06258-05-5

S. 1684--B                          2

MENT,  TOGETHER  WITH SUCH OTHER FEES AND CHARGES THAT A GUEST MAY INCUR
IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED  BY  THE  CAMP-
GROUND  OWNER  AND THE REASONABLE AND ACTUAL COSTS INCURRED BY THE CAMP-
GROUND  OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER, PROVIDED THAT SUCH
LIEN SHALL NOT EXTEND TO STORAGE FEES INCURRED AFTER THE END OF A  CAMP-
ING  SEASON  OR  THE  DATE THAT A RECREATIONAL VEHICLE IS REMOVED FROM A
CAMPSITE PURSUANT TO THIS SECTION, WHICHEVER IS EARLIER.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY UNLESS AN  OCCUPANCY
AGREEMENT  CONTAINS  A  CLAUSE  ALERTING  A  GUEST THAT A DEFAULT IN THE
PAYMENT OF OCCUPANCY FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY  DAYS
MAY  RESULT  IN  THE  CAMPGROUND  OWNER TAKING POSSESSION OF THE GUEST'S
RECREATIONAL VEHICLE AND OTHER PERSONAL PROPERTY AND SELLING SAME PURSU-
ANT TO THE TERMS OF ARTICLE NINE OF THIS CHAPTER.
  4. A CAMPGROUND OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS AND  PRIVI-
LEGES  UNDER  THIS  SECTION  UNTIL  A  GUEST  HAS BEEN IN DEFAULT IN THE
PAYMENT OF OCCUPANCY FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS,
AFTER WHICH TIME THE CAMPGROUND OWNER SHALL PROVIDE THE GUEST WITH WRIT-
TEN NOTICE SERVED PERSONALLY IF SUCH  GUEST  IS  OCCUPYING  HIS  OR  HER
RECREATIONAL  VEHICLE  AT  THE  CAMPGROUND  AT THE TIME OF SERVICE OR BY
ORDINARY MAIL AND CERTIFIED MAIL DIRECTED TO THE  ADDRESS  CONTAINED  IN
THE OCCUPANCY AGREEMENT IF SUCH GUEST IS NOT OCCUPYING HIS OR HER RECRE-
ATIONAL  VEHICLE  AT THE TIME OF SERVICE, WHICH NOTICE SHALL CONTAIN THE
FOLLOWING:
  (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A  PERIOD  OF  THIRTY
DAYS  OR  MORE  UNDER  THE  TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
AGREEMENT;
  (B) THE AMOUNT OF SUCH DEFAULT;
  (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
WAS MAILED;
  (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT,  THE  GUEST'S
RECREATIONAL  VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
CAMPSITE AND THAT THE CAMPGROUND  OWNER  WILL  COMMENCE  PROCEEDINGS  TO
ENFORCE  ITS  LIEN  PURSUANT  TO  THE PROVISIONS OF ARTICLE NINE OF THIS
CHAPTER;
  (E) A STATEMENT ADVISING THE GUEST THAT HE OR SHE MAY BRING AN  ACTION
AGAINST  THE  CAMPGROUND  OWNER PURSUANT TO SECTION TWO HUNDRED ONE-A OF
THIS CHAPTER IF HE OR SHE CONTESTS THE VALIDITY OR AMOUNT OF  THE  LIEN;
AND
  (F)  THE TIMES AND DATES THAT THE GUEST MAY RETRIEVE HIS OR HER RECRE-
ATIONAL VEHICLE UPON PAYMENT OF THE AMOUNT  OF  THE  LIEN  AND/OR  OTHER
PERSONAL PROPERTY BELONGING TO THE GUEST WITHOUT PAYMENT OF SUCH AMOUNT.
IF  SUCH  PERSONAL  PROPERTY REMAINS UNCLAIMED, IT WILL BE SOLD WITH THE
RECREATIONAL VEHICLE PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF  THIS
CHAPTER.
  5. A LIKE NOTICE SHALL BE SERVED BY CERTIFIED MAIL UPON ANY PERSON WHO
SHALL  HAVE  GIVEN  TO  THE LIENOR NOTICE OF AN INTEREST IN THE PROPERTY
SUBJECT TO THE LIEN OR IS LISTED AS A LIENHOLDER UPON THE CERTIFICATE OF
TITLE OF THE RECREATIONAL VEHICLE PURSUANT  TO  THE  PROVISIONS  OF  THE
VEHICLE AND TRAFFIC LAW.
  S 2. This act shall take effect immediately.

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Senate Bill S1684B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 8, 2016 - Floor Vote

Floor Vote: Jun 8, 2016

Jun 17, 2015 - Floor Vote

Floor Vote: Jun 17, 2015

Jun 1, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 1, 2016

Jun 17, 2015 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2015

Bill Amendments

2015-S1684 - Details

2015-S1684 - Summary

2015-S1684 - Sponsor Memo

2015-S1684 - Bill Text download pdf

2015-S1684A - Details

2015-S1684A - Summary

2015-S1684A - Sponsor Memo

2015-S1684A - Bill Text download pdf

co-Sponsors

2015-S1684B (ACTIVE) - Details

2015-S1684B (ACTIVE) - Summary

2015-S1684B (ACTIVE) - Sponsor Memo

2015-S1684B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1684B

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Sponsored By

Betty Little

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S1684 - Details

2015-S1684 - Summary

2015-S1684 - Sponsor Memo

2015-S1684 - Bill Text download pdf

2015-S1684A - Details

2015-S1684A - Summary

2015-S1684A - Sponsor Memo

2015-S1684A - Bill Text download pdf

co-Sponsors

Kathleen A. Marchione

Patty Ritchie

2015-S1684B (ACTIVE) - Details

2015-S1684B (ACTIVE) - Summary

2015-S1684B (ACTIVE) - Sponsor Memo

2015-S1684B (ACTIVE) - Bill Text download pdf

Comments