Bill Text: NY S08530 | 2021-2022 | General Assembly | Amended

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Bill Title: Provides for an allowable recovery by a rental vehicle company from its renters for actual costs incurred to title, register, plate and inspect rental vehicles as determined by an annual audit conducted by the rental vehicle company.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-02 - SUBSTITUTED BY A9343B [S08530 Detail]

Download: New_York-2021-S08530-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8530--C

                    IN SENATE

                                      March 9, 2022
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend the general business law, in relation to vehicle cost
          recovery fees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 1 of section 396-z of the general business law
     2  is amended by adding a new paragraph (m) to read as follows:
     3    (m) "Vehicle cost recovery fee" means  the  allowable  recovery  by  a
     4  rental  vehicle  company  from  its renters for actual costs incurred to
     5  title, register, plate and inspect rental vehicles in this state  pursu-
     6  ant  to article fourteen of the vehicle and traffic law, and which shall
     7  be determined initially by an annual audit of the preceding year's actu-
     8  al costs conducted by the  rental  vehicle  company;  provided  however,
     9  nothing  contained  herein  shall prohibit a rental vehicle company from
    10  adjusting the expense level during  a  calendar  year  to  more  closely
    11  reflect  actual  costs incurred. Each such audit shall be retained for a
    12  period of not less than five years, and shall be made available  to  the
    13  department  of state, department of motor vehicles, and attorney general
    14  upon written request.
    15    § 2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
    16  general business law, as amended by chapter 109 of the laws of 2018, are
    17  amended to read as follows:
    18    (a)  A  rental  vehicle  company  shall  not charge in addition to the
    19  rental rate, taxes, and mileage charge, if any, any fee  which  must  be
    20  paid as a condition of renting the vehicle, such as, but not limited to,
    21  required  fuel  surcharges,  each of which shall be separately stated on
    22  the rental agreement. In addition, a rental  vehicle  company  may  also
    23  state separately and charge, where applicable, airport fees as such term

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14697-09-2
        S. 8530--C                          2

     1  is  defined  herein. Provided further, that a rental vehicle company may
     2  also separately state the vehicle cost recovery  fee  as  such  term  is
     3  defined in paragraph (m) of subdivision one of this section.
     4    (b)  In  addition  to the rental rate, taxes, applicable airport fees,
     5  vehicle cost recovery fee, and mileage charge, if any, a rental  vehicle
     6  company  may charge for an item or service provided in connection with a
     7  particular rental transaction if the renter could have avoided incurring
     8  the charge by not choosing to obtain or utilize  the  optional  item  or
     9  service,  such  as, but not limited to, optional accessories or services
    10  requested by the  renter,  service  charges  incident  to  the  renter's
    11  optional  return  of  the  vehicle to a location other than the location
    12  where the vehicle was rented, and charges for refueling the vehicle with
    13  as much fuel as was in the fuel tank at the beginning of the rental.
    14    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    15  have  become a law, provided that the amendments to section 396-z of the
    16  general business law made by sections one and two of this act shall  not
    17  affect  the  expiration  of  such  section and shall be deemed to expire
    18  therewith.