Bill Text: NY A04708 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Regulates vehicle licensing recovery fees as they relate to rental vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A04708 Detail]

Download: New_York-2011-A04708-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4708
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 7, 2011
                                      ___________
       Introduced  by M. of A. PHEFFER -- 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:
    1    Section 1. Subdivision 1 of section 396-z of the general business  law
    2  is amended by adding a new paragraph (k) to read as follows:
    3    (K)  "VEHICLE  LICENSING  RECOVERY  FEE"  MEANS THE DAILY FEE A RENTAL
    4  VEHICLE COMPANY MAY CHARGE ITS CUSTOMERS WHICH SHALL REPRESENT AN  AVER-
    5  AGE  PER-RENTAL  DAY PORTION OF THE COMPANY'S ESTIMATED ANNUAL COSTS, AS
    6  IMPOSED BY THE STATE,  FOR  THE  LICENSING,  TITLING,  REGISTRATION  AND
    7  INSPECTION  OF ITS VEHICLES IN THIS STATE. IF THE TOTAL AMOUNT RECOVERED
    8  FROM RENTERS BY A RENTAL VEHICLE  COMPANY  FOR  VEHICLE  LICENSING  FEES
    9  DURING  THE CALENDAR YEAR IS DIFFERENT THAN THE TOTAL AMOUNT PAID BY THE
   10  RENTAL VEHICLE COMPANY FOR SUCH ITEMS, THE RENTAL VEHICLE COMPANY  SHALL
   11  ADJUST ITS DAILY FEE IN THE FOLLOWING CALENDAR YEAR BY THE AMOUNT OF THE
   12  DIFFERENCE.    AS  OF  FEBRUARY  TWENTY-EIGHTH, TWO THOUSAND TWELVE, AND
   13  ANNUALLY EACH FEBRUARY TWENTY-EIGHTH THEREAFTER, A RENTAL VEHICLE COMPA-
   14  NY SHALL POST INFORMATION ON ITS INTERNET WEBSITE IN  AN  UNDERSTANDABLE
   15  AND  READABLE  FORMAT  THAT SHALL SHOW A RECONCILIATION OF THE AMOUNT OF
   16  VEHICLE LICENSING RECOVERY FEES ACTUALLY  PAID  BY  THE  RENTAL  VEHICLE
   17  COMPANY  DURING  THE  PRECEDING  CALENDAR YEAR AND THE AMOUNT OF VEHICLE
   18  LICENSING RECOVERY FEES CHARGED TO CUSTOMERS DURING THAT  SAME  CALENDAR
   19  YEAR FOR RENTAL OF VEHICLES.
   20    S  2.  Subdivision  8 of section 396-z of the general business law, as
   21  amended by chapter 731 of the laws  of  2006,  is  amended  to  read  as
   22  follows:
   23    8.  No  rental  vehicle company shall advertise or quote a rental rate
   24  that does not include all charges, except taxes or optional items and/or
   25  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. 4708                             2
    1  obtain  a  rental  vehicle.  Provided, however, a rental vehicle company
    2  shall be permitted to separately  quote  and  charge  airport  fees  [as
    3  defined  herein]  AND VEHICLE LICENSING RECOVERY FEES, which shall be in
    4  addition to the rental rate; and provided further that advertised rental
    5  rates  that  include locations at which airport fees apply shall clearly
    6  indicate that additional fees apply.
    7    S 3. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
    8  general business law, as amended by chapter 731 of the laws of 2006, are
    9  amended to read as follows:
   10    (a)  A  rental  vehicle  company  shall  not charge in addition to the
   11  rental rate, taxes, and mileage charge, if any, any fee  which  must  be
   12  paid as a condition of renting the vehicle, such as, but not limited to,
   13  required  fuel  surcharges,  each of which shall be separately stated on
   14  the rental agreement. In addition, a rental  vehicle  company  may  also
   15  state  separately  and  charge,  where applicable, airport fees [as such
   16  term is defined herein] AND VEHICLE LICENSING RECOVERY FEES.
   17    (b) In addition to the rental rate, taxes,  applicable  airport  fees,
   18  VEHICLE  LICENSING  RECOVERY  FEES, and mileage charge, if any, a rental
   19  vehicle company may charge for an item or service provided in connection
   20  with a particular rental transaction if the renter  could  have  avoided
   21  incurring  the  charge by not choosing to obtain or utilize the optional
   22  item or service, such as, but not limited to,  optional  accessories  or
   23  services  requested  by  the  renter,  service  charges  incident to the
   24  renter's optional return of the vehicle to a  location  other  than  the
   25  location  where  the  vehicle  was rented, and charges for refueling the
   26  vehicle with as much fuel as was in the fuel tank at  the  beginning  of
   27  the rental.
   28    S  4.  This act shall take effect immediately; provided, however, that
   29  the amendments to section 396-z of the  general  business  law  made  by
   30  sections  one,  two and three of this act shall not affect the repeal of
   31  such section and shall be deemed repealed therewith.