N.Y. Parks, Recreation and Historic Preservation Law § 13.15

§ 13.15 Fees and deposits; refunds. 1. The office or other state\nagency having jurisdiction of any state park, parkway, recreational\nfacility or historic site may establish fees or other charges for the\nuse thereof, or for the furnishing of special services with respect\nthereto.\n 2. Notwithstanding any other provision of law, the office or such\nstate agency may promulgate regulations requiring cash deposits from\npatrons of state parks and other facilities as security to protect state\nproperty against loss or damage, or to limit the extent or duration of\nthe use of facilities, or to guarantee compensation to the state for\nfacilities rented or engaged. Such regulations shall establish the\nconditions under which such deposits shall be forfeited. Such deposits,\nnot paid in consideration for services rendered or facilities used,\nshall not be considered as receipts and may be returned by the office or\nsuch state agency to the depositor upon satisfaction of all provisions\nfor which the deposit was taken. Upon the forfeiture of any such\ndeposit, the deposit shall become a part of the receipts of the office\nor such state agency. Moneys that have been paid for services to be\nrendered or for facilities to be used may be refunded within one year\nfrom the receipt thereof if the commissioner or state agency shall\ndetermine that the services have not been rendered or that conditions\nbeyond the control of the patron will prevent his use of the facilities.\nSuch refund, after audit by the comptroller shall be paid from any\nmoneys in the custody of the office or such state agency received\npursuant to this section.\n 3. The fees and other charges of any nature made for the use of state\nparks, other state recreational facilities and historic sites under the\njurisdiction of the office or any other state agency shall not hereafter\nbe decreased without the approval of the director of the budget.\n 4. No regulation, rule or order of the Palisades interstate park\ncommission which establishes a fee, charge or deposit pursuant to this\nsection shall be effective until approved by the commissioner.\n 5. (a) The office or other state agency having jurisdiction of any\nstate park, parkway, recreational facility or historic site may enter\ninto agreements with one or more financing agencies to provide for the\nacceptance by such office or other state agency of credit cards as a\nmeans of payment of fees for the use of its facilities or for the\nfurnishing of special services with respect thereto. Any such agreement\nshall govern the terms and conditions upon which a credit card proferred\nas a means of payment of such fees shall be accepted or declined and the\nmanner in and conditions upon which the financing agency shall pay to\nthe office or other state agency the amount of such fees paid by means\nof a credit card pursuant to such agreement. Any such agreement may\nprovide for the deduction by such financing agency of any fees for the\nservices provided by such financing agency from fees collected by it.\nThe office or other state agency having jurisdiction of any state park,\nrecreational facility or historic site must accept cash payment from\npatrons, and is prohibited from requiring that any patron utilize a\ncredit card as a means of payment of fees for the use of its facilities\nor for the furnishing of special services at any state park,\nrecreational facility or historic site.\n (b) For the purposes of this subdivision, the following terms shall\nhave the following meanings:\n (1) "Credit card" shall mean any credit card, credit plate, charge\nplate, courtesy card, debit card or other identification card or device\nissued by a person to another person which may be used to obtain a cash\nadvance or a loan or credit or to purchase or lease property or services\non the credit of the person issuing the credit card or a person who has\nagreed with the issuer to pay obligations arising from the use of a\ncredit card issued to another person.\n (2) "Financing agency" shall mean any agency defined as such in\nsubdivision eighteen of section four hundred one of the personal\nproperty law.\n 6. The office may establish a fee or fees for its processing and\nreview of applications for the certification of the rehabilitation of\nhistoric buildings and the approval of rehabilitation expenditures and\nrelated work pursuant to subsection (pp) of section six hundred six of\nthe tax law. All revenues from these fees shall be deposited by the\ncomptroller in the miscellaneous special revenue fund to be credited to\nthe agency's patron services account and shall be used to support the\noffice's historic preservation program. Nothing in this subdivision\nshall be construed to limit the ability of a local landmark commission\nestablished pursuant to section ninety-six-a or one hundred nineteen-dd\nof the general municipal law or a local government certified pursuant to\nsection 101(c)(1) of the national historic preservation act to establish\nand charge fees for its processing and review of applications for the\ncertification of the rehabilitation of historic buildings and the\napproval of rehabilitation expenditures.\n