A8153-2011 Actions

• Jan 4, 2012: referred to consumer affairs and protection
• Jun 2, 2011: referred to consumer affairs and protection

A8153-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8153
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 2, 2011
 
 Introduced  by M. of A. MORELLE -- read once and referred to the Commit
 tee on Consumer Affairs and Protection
 

AN ACT to amend the general business law,  in  relation  to  rental  car
 vehicles
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of section 396-z of the general business  law
 is amended by adding a new paragraph (k) to read as follows:

 (K)  "VEHICLE  LICENSING  RECOVERY  FEE"  MEANS THE DAILY FEE A RENTAL
 VEHICLE COMPANY MAY CHARGE ITS CUSTOMERS WHICH SHALL REPRESENT AN  AVER
 AGE  PER-RENTAL  DAY PORTION OF THE COMPANY'S ESTIMATED ANNUAL COSTS, AS
 IMPOSED BY THE STATE,  FOR  THE  LICENSING,  TITLING,  REGISTRATION  AND
 INSPECTION  OF ITS VEHICLES IN THIS STATE. IF THE TOTAL AMOUNT RECOVERED
 FROM RENTERS BY A RENTAL VEHICLE  COMPANY  FOR  VEHICLE  LICENSING  FEES
 DURING  THE CALENDAR YEAR IS DIFFERENT THAN THE TOTAL AMOUNT PAID BY THE
 RENTAL VEHICLE COMPANY FOR SUCH ITEMS, THE RENTAL VEHICLE COMPANY  SHALL
 ADJUST ITS DAILY FEE IN THE FOLLOWING CALENDAR YEAR BY THE AMOUNT OF THE
 DIFFERENCE.    AS  OF  FEBRUARY  TWENTY-EIGHTH, TWO THOUSAND TWELVE, AND
 ANNUALLY EACH FEBRUARY TWENTY-EIGHTH THEREAFTER, A RENTAL VEHICLE COMPA
 NY SHALL POST INFORMATION ON ITS INTERNET WEBSITE IN  AN  UNDERSTANDABLE
 AND  READABLE  FORMAT  THAT SHALL SHOW A RECONCILIATION OF THE AMOUNT OF
 VEHICLE LICENSING RECOVERY FEES ACTUALLY  PAID  BY  THE  RENTAL  VEHICLE
 COMPANY  DURING  THE  PRECEDING  CALENDAR YEAR AND THE AMOUNT OF VEHICLE
 LICENSING RECOVERY FEES CHARGED TO CUSTOMERS DURING THAT  SAME  CALENDAR
 YEAR FOR RENTAL OF VEHICLES.
 

S  2.  Subdivision  8 of section 396-z of the general business law, as
 amended by chapter 731 of the laws  of  2006,  is  amended  to  read  as
 follows:

 8.  No  rental  vehicle company shall advertise or quote a rental rate
 that does not include all charges, except taxes or optional items and/or
 services or any mileage charge, which an authorized driver must  pay  to
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08036-01-1
 
       A. 8153                             2
 obtain  a  rental  vehicle.  Provided, however, a rental vehicle company
 shall be permitted to separately  quote  and  charge  airport  fees  [as
 defined  herein]  AND VEHICLE LICENSING RECOVERY FEES, which shall be in
 addition to the rental rate; and provided further that advertised rental
 rates  that  include locations at which airport fees apply shall clearly
 indicate that additional fees apply.
 

S 3. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
 general business law, as amended by chapter 731 of the laws of 2006, are
 amended to read as follows:

 (a)  A  rental  vehicle  company  shall  not charge in addition to the
 rental rate, taxes, and mileage charge, if any, any fee  which  must  be
 paid as a condition of renting the vehicle, such as, but not limited to,
 required  fuel  surcharges,  each of which shall be separately stated on
 the rental agreement. In addition, a rental  vehicle  company  may  also
 state  separately  and  charge,  where applicable, airport fees [as such
 term is defined herein] AND VEHICLE LICENSING RECOVERY FEES.
 (b) In addition to the rental rate, taxes,  applicable  airport  fees,
 VEHICLE  LICENSING  RECOVERY  FEES, and mileage charge, if any, a rental
 vehicle company may charge for an item or service provided in connection
 with a particular rental transaction if the renter  could  have  avoided
 incurring  the  charge by not choosing to obtain or utilize the optional
 item or service, such as, but not limited to,  optional  accessories  or
 services  requested  by  the  renter,  service  charges  incident to the
 renter's optional return of the vehicle to a  location  other  than  the
 location  where  the  vehicle  was rented, and charges for refueling the
 vehicle with as much fuel as was in the fuel tank at  the  beginning  of
 the rental.
 

S  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 396-z of the  general  business  law  made  by
 sections  one,  two and three of this act shall not affect the repeal of
 such section and shall be deemed repealed therewith.

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