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.    (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.