N.Y. Parks, Recreation and Historic Preservation Law § 13.15: Fees and deposits; refunds

§ 13.15 Fees and deposits; refunds. 1. The office or other state

agency having jurisdiction of any state park, parkway, recreational

facility or historic site may establish fees or other charges for the

use thereof, or for the furnishing of special services with respect

thereto.

2. Notwithstanding any other provision of law, the office or such

state agency may promulgate regulations requiring cash deposits from

patrons of state parks and other facilities as security to protect state

property against loss or damage, or to limit the extent or duration of

the use of facilities, or to guarantee compensation to the state for

facilities rented or engaged. Such regulations shall establish the

conditions under which such deposits shall be forfeited. Such deposits,

not paid in consideration for services rendered or facilities used,

shall not be considered as receipts and may be returned by the office or

such state agency to the depositor upon satisfaction of all provisions

for which the deposit was taken. Upon the forfeiture of any such

deposit, the deposit shall become a part of the receipts of the office

or such state agency. Moneys that have been paid for services to be

rendered or for facilities to be used may be refunded within one year

from the receipt thereof if the commissioner or state agency shall

determine that the services have not been rendered or that conditions

beyond the control of the patron will prevent his use of the facilities.

Such refund, after audit by the comptroller shall be paid from any

moneys in the custody of the office or such state agency received

pursuant to this section.

3. The fees and other charges of any nature made for the use of state

parks, other state recreational facilities and historic sites under the

jurisdiction of the office or any other state agency shall not hereafter

be decreased without the approval of the director of the budget.

4. No regulation, rule or order of the Palisades interstate park

commission which establishes a fee, charge or deposit pursuant to this

section shall be effective until approved by the commissioner.

5. (a) The office or other state agency having jurisdiction of any

state park, parkway, recreational facility or historic site may enter

into agreements with one or more financing agencies to provide for the

acceptance by such office or other state agency of credit cards as a

means of payment of fees for the use of its facilities or for the

furnishing of special services with respect thereto. Any such agreement

shall govern the terms and conditions upon which a credit card proferred

as a means of payment of such fees shall be accepted or declined and the

manner in and conditions upon which the financing agency shall pay to

the office or other state agency the amount of such fees paid by means

of a credit card pursuant to such agreement. Any such agreement may

provide for the deduction by such financing agency of any fees for the

services provided by such financing agency from fees collected by it.

The office or other state agency having jurisdiction of any state park,

recreational facility or historic site must accept cash payment from

patrons, and is prohibited from requiring that any patron utilize a

credit card as a means of payment of fees for the use of its facilities

or for the furnishing of special services at any state park,

recreational facility or historic site.

(b) For the purposes of this subdivision, the following terms shall

have the following meanings:

(1) "Credit card" shall mean any credit card, credit plate, charge

plate, courtesy card, debit card or other identification card or device

issued by a person to another person which may be used to obtain a cash

advance or a loan or credit or to purchase or lease property or services

on the credit of the person issuing the credit card or a person who has

agreed with the issuer to pay obligations arising from the use of a

credit card issued to another person.

(2) "Financing agency" shall mean any agency defined as such in

subdivision eighteen of section four hundred one of the personal

property law.

6. The office may establish a fee or fees for its processing and

review of applications for the certification of the rehabilitation of

historic buildings and the approval of rehabilitation expenditures and

related work pursuant to subsection (pp) of section six hundred six of

the tax law. All revenues from these fees shall be deposited by the

comptroller in the miscellaneous special revenue fund to be credited to

the agency's patron services account and shall be used to support the

office's historic preservation program. Nothing in this subdivision

shall be construed to limit the ability of a local landmark commission

established pursuant to section ninety-six-a or one hundred nineteen-dd

of the general municipal law or a local government certified pursuant to

section 101(c)(1) of the national historic preservation act to establish

and charge fees for its processing and review of applications for the

certification of the rehabilitation of historic buildings and the

approval of rehabilitation expenditures.