Assembly Bill A9911

2011-2012 Legislative Session

Provides that a campground owner has a lien upon a recreational vehicle from the date of the execution of the occupancy agreement

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2011-A9911 (ACTIVE) - Details

Law Section:
Lien Law
Laws Affected:
Add ยง181, Lien L

2011-A9911 (ACTIVE) - Summary

Provides that a campground owner has a lien upon a recreational vehicle from the date of the execution of the occupancy agreement.

2011-A9911 (ACTIVE) - Bill Text download pdf 

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

                                  9911

                          I N  A S S E M B L Y

                             April 20, 2012
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Judiciary

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. DEFINITIONS. AS USED IN THIS ARTI-
CLE:
  (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  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 MOTOR POWER OR IS MOUNTED ON OR TOWED BY
ANOTHER 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
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 IT
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.

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