Bill Text: NY A00940 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to cancellation of membership camping contracts.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-03-22 - REFERRED TO CONSUMER PROTECTION [A00940 Detail]
Download: New_York-2011-A00940-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 940 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. PHEFFER, REILICH -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to cancellation of membership camping contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general business law is amended by adding a new section 2 654-a to read as follows: 3 S 654-A. CANCELLATION OF MEMBERSHIP CAMPING CONTRACTS. 1. FOR THE 4 PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING 5 MEANINGS: 6 A. "ADULT CARE FACILITY" SHALL HAVE THE SAME MEANING AS SUCH TERM IS 7 DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE SOCIAL SERVICES 8 LAW, PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS SECTION THE TERM 9 "ADULT CARE FACILITY" SHALL NOT INCLUDE A SHELTER FOR ADULTS; 10 B. "DOMESTIC PARTNER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS 11 DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-NINE HUNDRED 12 NINETY-FOUR-A OF THE PUBLIC HEALTH LAW. 13 C. "RESIDENTIAL HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING AS 14 SUCH TERM IS DEFINED IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT 15 HUNDRED ONE OF THE PUBLIC HEALTH LAW; AND 16 D. "SHELTER FOR ADULTS" SHALL HAVE THE SAME MEANING AS SUCH TERM IS 17 DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THE SOCIAL 18 SERVICES LAW. 19 2. A. UPON THE EXPIRATION OF THE CANCELLATION PERIOD PROVIDED UNDER 20 SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE, A PURCHASER OF A MEMBER- 21 SHIP CAMPING CONTRACT SHALL HAVE THE RIGHT TO CANCEL SUCH CONTRACT UNDER 22 THE FOLLOWING CONDITIONS: 23 (1) THERE IS A MATERIAL BREACH OF CONTRACT BY THE MEMBERSHIP CAMP- 24 GROUND OPERATOR TO PROVIDE THE ESSENTIAL SERVICES AND PROGRAMS AS SET EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00798-01-1 A. 940 2 1 FORTH AND IN THE MANNER PROVIDED IN THE MEMBERSHIP CAMPING CONTRACT. A 2 NATURAL DISASTER OR PHENOMENA, FAILURE OR SHORTAGE OF ELECTRIC POWER OR 3 OTHER SOURCE OF ENERGY, UNAUTHORIZED OR ILLEGAL ACTS, LABOR STRIKES OR 4 DISPUTES DISRUPTING OPERATIONS, OR GOVERNMENTAL, JUDICIAL, OR LAW 5 ENFORCEMENT ACTIONS SHALL NOT BE A BASIS FOR CANCELLATION, UNLESS THE 6 MEMBERSHIP CAMPGROUND OPERATOR FAILS TO DILIGENTLY RESTORE SUCH SERVICES 7 AND PROGRAMS WITHIN A REASONABLE PERIOD OF TIME; OR 8 (2) THE PURCHASER HAS RELOCATED TO A PERMANENT RESIDENCE NOT LESS THAN 9 FIVE HUNDRED MILES FROM THE CAMPGROUND OR THE LOCATION OF ANY OTHER 10 CAMPGROUND AVAILABLE TO THE PURCHASER PURSUANT TO ONE OR MORE RECIPROCAL 11 PROGRAMS OUTLINED IN THE MEMBERSHIP CAMPING CONTRACT; OR 12 (3) THE PURCHASER, OR THE PURCHASER'S SPOUSE OR DOMESTIC PARTNER 13 CURRENTLY RESIDES IN OR IS NOTIFIED OF AND ACCEPTS THE OPPORTUNITY TO 14 COMMENCE OCCUPANCY IN AN ADULT CARE FACILITY OR A RESIDENTIAL HEALTH 15 CARE FACILITY AND THE PURCHASER PROVIDES A COPY OF SUCH NOTIFICATION OR 16 PROOF OF RESIDENCY TO THE OPERATOR; OR 17 (4) THE PURCHASER OR THE PURCHASER'S SPOUSE OR DOMESTIC PARTNER 18 RECEIVES A WRITTEN CERTIFICATION FROM A PHYSICIAN STATING THAT THE 19 PURCHASER OR THE PURCHASER'S SPOUSE OR DOMESTIC PARTNER IS BEDRIDDEN, 20 HOUSEBOUND, OR SIMILARLY PHYSICALLY UNABLE DUE TO AILMENT OR INJURY TO 21 VISIT THE CAMPGROUND AND MATERIALLY UTILIZE ANY OF THE SERVICES AND 22 PROGRAMS AS OUTLINED IN THE MEMBERSHIP CAMPING CONTRACT, AND SUCH CONDI- 23 TION IS NOT EXPECTED TO BE TEMPORARY. THE PURCHASER MUST PROVIDE A COPY 24 OF SUCH CERTIFICATION TO THE OPERATOR; OR 25 (5) THE PURCHASER OF A CONTRACT SIGNED BY MORE THAN ONE PURCHASER 26 PROVIDES TO THE OPERATOR A COPY OF ANY OF THE FOLLOWING, WITHIN SIX 27 MONTHS OF ITS ISSUANCE, INVOLVING DOMESTIC VIOLENCE BY ANOTHER SIGNATORY 28 OF THE SAME CONTRACT: (A) A VALID DOMESTIC VIOLENCE INCIDENT REPORT FORM 29 AS SUCH TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION EIGHT HUNDRED 30 THIRTY-SEVEN OF THE EXECUTIVE LAW; (B) A VALID POLICE REPORT; (C) A 31 VALID ORDER OF PROTECTION; OR (D) A SIGNED AFFIDAVIT FROM A LICENSED 32 MEDICAL OR MENTAL HEALTH CARE PROVIDER, EMPLOYEE OF A COURT ACTING WITH- 33 IN THE SCOPE OF HIS OR HER EMPLOYMENT, SOCIAL WORKER, A RAPE CRISIS 34 COUNSELOR AS DEFINED IN SECTION FORTY-FIVE HUNDRED TEN OF THE CIVIL 35 PRACTICE LAW AND RULES, OR ADVOCATE ACTING ON BEHALF OF AN AGENCY THAT 36 ASSISTS DOMESTIC VIOLENCE VICTIMS. PARAGRAPH D OF THIS SUBDIVISION SHALL 37 NOT APPLY TO A PURCHASER CANCELING UNDER THIS SUBPARAGRAPH. A CLAIM FOR 38 TERMINATION UNDER THIS SUBPARAGRAPH SHALL BE MADE IN GOOD FAITH. TERMI- 39 NATION UNDER THIS SUBPARAGRAPH SHALL REQUIRE, AND THE PROVISION OF ANY 40 OF THE ITEMS IN (A) THROUGH (D) OF THIS SUBPARAGRAPH, FOR THE PURPOSES 41 OF THIS SUBPARAGRAPH, SHALL BE PRESUMPTIVE EVIDENCE OF THE CONTINUED 42 EXISTENCE OF A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM TO THE 43 PURCHASER OR PURCHASER'S CHILD. PROVISION OF ANY OF THE ITEMS IN (A) 44 THROUGH (D) OF THIS SUBPARAGRAPH SHALL GIVE THE OPERATOR, AT ITS OPTION, 45 THE RIGHT TO INVESTIGATE AND, BASED ON THE INFORMATION CONTAINED IN SUCH 46 ITEMS, IF HE OR SHE DETERMINES THAT THE SAFETY OF CAMPGROUND USERS OR 47 EMPLOYEES WOULD BE ENDANGERED BY ALLOWING THE PURCHASER THAT IS NOT 48 EXERCISING HIS OR HER RIGHTS UNDER THIS SUBDIVISION TO REMAIN AUTHORIZED 49 TO USE THE CAMPGROUND FACILITIES, THE OPERATOR SHALL PROVIDE WRITTEN 50 NOTICE OF SUCH DETERMINATION TO SUCH PURCHASER WHICH SHALL INFORM SUCH 51 PURCHASER OF HIS OR HER RIGHT TO RESPOND IN WRITING TO THE OPERATOR 52 WITHIN THIRTY DAYS OF RECEIPT OF SUCH NOTICE. UPON EXPIRATION OF THE 53 THIRTY DAY PERIOD, IF THE OPERATOR REASONABLY DETERMINES THAT THE 54 RESPONSE FROM THE PURCHASER NOT EXERCISING HIS OR HER RIGHTS UNDER THIS 55 SUBDIVISION IS INSUFFICIENT, THE OPERATOR MAY TERMINATE THE CONTRACT OF 56 SUCH PURCHASER. A. 940 3 1 B. WHEN A PURCHASER CANCELS A CONTRACT PURSUANT TO THIS SUBDIVISION 2 SUCH PURCHASER SHALL BE REQUIRED TO HAVE PAID THE PURCHASE PRICE OF HIS 3 OR HER MEMBERSHIP IN FULL, AS WELL AS ALL OUTSTANDING FEES, DUES, OR ANY 4 OTHER PAYMENTS DUE AT THE TIME OF CANCELLATION AND FOR NINETY DAYS THER- 5 EAFTER. HOWEVER, IF ALL OF THE PURCHASERS WHO SIGNED THE CONTRACT DIE, 6 THE RELEVANT ESTATE OR ESTATES SHALL BE RELIEVED OF ANY FURTHER OBLI- 7 GATION UNDER THE CONTRACT NOT THEN DUE AND OWING. 8 C. WRITTEN NOTIFICATION OF THE INTENT TO CANCEL A MEMBERSHIP CAMP- 9 GROUND CONTRACT SHALL BE SIGNED BY THE PURCHASER OR HIS OR HER LEGALLY 10 DESIGNATED REPRESENTATIVE AND DELIVERED TO THE OPERATOR BY CERTIFIED 11 MAIL DULY ADDRESSED TO THE OPERATOR. SUCH NOTIFICATION SHALL INCLUDE A 12 WRITTEN STATEMENT THAT CERTIFIES THAT THE REPRESENTATIONS ARE TRUE AND 13 CORRECT, AND CONTAIN NO MATERIAL OMISSIONS OF FACT TO THE BEST KNOWLEDGE 14 AND BELIEF OF THE PERSON SUBMITTING THE CERTIFICATION. 15 D. IN THE EVENT THAT THE MEMBERSHIP CAMPGROUND CONTRACT IS SIGNED BY 16 MORE THAN ONE PURCHASER, AND ONE OR MORE PURCHASERS MEET THE REQUIRE- 17 MENTS TO CANCEL PURSUANT TO THIS SUBDIVISION, EVERY PURCHASER UNDER THE 18 CONTRACT SHALL HAVE THE RIGHT TO CANCEL THE CONTRACT PROVIDED THE OTHER 19 PURCHASER OR PURCHASERS SO NOTIFY THE OPERATOR BY SIGNING AND DELIVER- 20 ING, AT THE SAME TIME, THE SAME CANCELLATION NOTICE REQUIRED BY PARA- 21 GRAPH C OF THIS SUBDIVISION SIGNED BY THE PURCHASER OR PURCHASERS MEET- 22 ING THE CANCELLATION REQUIREMENTS, IN WHICH CASE ALL SUCH PURCHASER OR 23 PURCHASERS WHO SIGN THE CANCELLATION NOTICE SHALL BE RELIEVED OF ANY 24 FURTHER OBLIGATION UNDER THE CONTRACT EXCEPT FOR THOSE OBLIGATIONS 25 OUTLINED IN PARAGRAPH B OF THIS SUBDIVISION. 26 S 2. Subdivision 2-a of section 653 of the general business law, as 27 amended by chapter 489 of the laws of 1990, is amended to read as 28 follows: 29 2-a. The following statement, in bold letters of at least ten point 30 type, which advises the purchaser of the right to cancel the contract 31 under section six hundred fifty-four of this article shall be contained 32 in the contract: 33 YOU MAY CANCEL THIS MEMBERSHIP CONTRACT WITHOUT ANY PENALTY, 34 FORFEITURE, OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS 35 FROM THE DATE THAT YOU EXECUTE SAID CONTRACT. FOR ADDITIONAL RIGHT 36 OF CANCELLATION SEE THE DISCLOSURE DOCUMENT. 37 Immediately following the above right of cancellation notice, the 38 instructions below shall be given in the same type as the print for the 39 contract text. 40 "Notice of cancellation shall be in writing subscribed by the purchas- 41 er OR HIS OR HER LEGALLY DESIGNATED REPRESENTATIVE and hand delivered 42 or mailed BY CERTIFIED MAIL to the membership campground operator at the 43 address stated herein and postmarked not later than three business days 44 from the date of execution of said contract. Such notice shall be accom- 45 panied by the original or copies of the membership camping contract and 46 all supporting documentation." 47 S 3. Subdivision 2 of section 653 of the general business law is 48 amended by adding a new paragraph o to read as follows: 49 O. THE FOLLOWING STATEMENT, IN BOLD LETTERS OF AT LEAST TEN POINT TYPE 50 WHERE IN CAPITAL LETTERS BELOW, WHICH ADVISES THE PURCHASER OF THE RIGHT 51 TO CANCEL THE CONTRACT UNDER SECTION SIX HUNDRED FIFTY-FOUR-A OF THIS 52 ARTICLE, SHALL BE CONTAINED IN THE DISCLOSURE DOCUMENT: 53 ADDITIONAL RIGHT OF CANCELLATION: AFTER THREE (3) BUSINESS DAYS FROM 54 THE DATE THAT YOU EXECUTE SAID CONTRACT YOU MAY CANCEL FOR ANY OF THE 55 FOLLOWING REASONS: A. 940 4 1 (1) A MATERIAL BREACH IN THE PROVISION OF THE ESSENTIAL SERVICES AND 2 PROGRAMS SET FORTH IN THE MEMBERSHIP CAMPING CONTRACT; OR 3 (2) YOU HAVE RELOCATED TO A PERMANENT RESIDENCE NOT LESS THAN FIVE 4 HUNDRED MILES FROM A CAMPGROUND OR OTHER FACILITY WHERE YOU CAN USE YOUR 5 MEMBERSHIP; OR 6 (3) YOU, YOUR SPOUSE, OR YOUR DOMESTIC PARTNER CURRENTLY RESIDES IN OR 7 ARE NOTIFIED OF AND ACCEPT THE OPPORTUNITY TO COMMENCE OCCUPANCY IN AN 8 ADULT CARE FACILITY OR A RESIDENTIAL HEALTH CARE FACILITY; OR 9 (4) YOU, YOUR SPOUSE, OR YOUR DOMESTIC PARTNER ARE CERTIFIED BY A 10 PHYSICIAN AS PHYSICALLY UNABLE TO VISIT THE RESORT AND MATERIALLY USE 11 THE SERVICES AND PROGRAMS AS OUTLINED IN THE CONTRACT; OR 12 (5) YOU ARE THE VICTIM OF DOMESTIC VIOLENCE PERPETRATED BY ANOTHER 13 SIGNATORY OF THE SAME CONTRACT. 14 IMMEDIATELY FOLLOWING THE ABOVE RIGHT OF CANCELLATION NOTICE, THE 15 INSTRUCTIONS BELOW SHALL BE GIVEN IN THE SAME TYPE AS THE PRINT FOR THE 16 CONTRACT TEXT. 17 "NOTICE OF CANCELLATION SHALL BE IN WRITING SUBSCRIBED BY THE PURCHAS- 18 ER OR HIS OR HER LEGALLY DESIGNATED REPRESENTATIVE AND SENT BY CERTIFIED 19 MAIL TO THE MEMBERSHIP CAMPGROUND OPERATOR AT THE ADDRESS STATED HEREIN. 20 SUCH NOTICE SHALL BE ACCOMPANIED BY THE ORIGINAL OR COPIES OF THE 21 MEMBERSHIP CAMPING CONTRACT AND ALL SUPPORTING DOCUMENTATION. IF YOU ARE 22 EXERCISING YOUR RIGHT TO CANCEL AFTER THREE BUSINESS DAYS, SUCH NOTIFI- 23 CATION SHALL ALSO INCLUDE A WRITTEN STATEMENT THAT CERTIFIES THAT THE 24 REPRESENTATIONS ARE TRUE AND CORRECT, AND CONTAIN NO MATERIAL OMISSIONS 25 OF FACT TO THE BEST OF YOUR KNOWLEDGE AND BELIEF." 26 S 4. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law.