New York State Assembly

 
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A04796 Summary:

A04796 Actions:

A04796 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:05/23/2023AYE/NAY:16/0  Action: Favorable refer to committee Rules        
Rozic
Aye
Mikulin
Aye
Fall
Aye
Miller
Aye
Burgos
Aye
Blumencranz
Aye
Gallagher
Aye
Beephan
Aye
Rajkumar
Aye
Maher
Aye
Forrest
Aye
Wallace
Aye
Bores
Aye
Lee
Aye
Alvarez
Aye
Simone
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/01/2023AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A04796 Floor Votes:

A04796 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4796--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Consumer Affairs and Protection -- reported and  referred
          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        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, pursuant
     4  to this section, by a rental vehicle company from its  renters  for  the
     5  actual costs incurred to title, register, plate and inspect rental vehi-
     6  cles  in  the  state  and  which  fee shall be determined initially by a
     7  rental vehicle company's good  faith  estimate  of  the  rental  vehicle
     8  company's  daily charge to recover its actual total annual motor vehicle
     9  titling, registration, plating and inspection costs, and  thereafter  by
    10  an  internal audit of the preceding year's actual costs conducted by the
    11  rental vehicle company from adjusting the expense level during a  calen-
    12  dar  year  to  more closely reflect actual costs incurred.  If the total
    13  amount of the vehicle cost recovery fees collected by a  rental  vehicle
    14  company  under  this section in any calendar year exceeds the car rental
    15  company's actual costs to license,  title,  register,  and  plate  motor
    16  vehicles  and  have  the  same inspected for that calendar year, the car
    17  rental company may retain the excess amount, and  adjust  the  estimated
    18  average  per  vehicle titling, licensing, plating, inspecting and regis-
    19  tration charge for  the  following  calendar  year  by  a  corresponding
    20  amount.  Each such audit shall be retained for a period of not less than
    21  five  years,  and  shall  be  made available to the department of state,
    22  department of motor vehicles and attorney general upon written request.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09218-02-3
        A. 4796--A                          2
 
     1    § 2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
     2  general business law, as amended by chapter 109 of the laws of 2018, are
     3  amended to read as follows:
     4    (a)  A  rental  vehicle  company  shall  not charge in addition to the
     5  rental rate, taxes, and mileage charge, if any, any fee  which  must  be
     6  paid as a condition of renting the vehicle, such as, but not limited to,
     7  required  fuel  surcharges,  each of which shall be separately stated on
     8  the rental agreement. In addition, a rental  vehicle  company  may  also
     9  state separately and charge, where applicable, airport fees as such term
    10  is  defined  herein. Provided further, that a rental vehicle company may
    11  also separately state the vehicle cost recovery  fee  as  such  term  is
    12  defined in paragraph (m) of subdivision one of this section.
    13    (b)  In  addition  to the rental rate, taxes, applicable airport fees,
    14  vehicle cost recovery fee, and mileage charge, if any, a rental  vehicle
    15  company  may charge for an item or service provided in connection with a
    16  particular rental transaction if the renter could have avoided incurring
    17  the charge by not choosing to obtain or utilize  the  optional  item  or
    18  service,  such  as, but not limited to, optional accessories or services
    19  requested by the  renter,  service  charges  incident  to  the  renter's
    20  optional  return  of  the  vehicle to a location other than the location
    21  where the vehicle was rented, and charges for refueling the vehicle with
    22  as much fuel as was in the fuel tank at the beginning of the rental.
    23    § 3.  Nothing in this act shall be construed to authorize or require a
    24  rental vehicle company to  charge  for  incurred  costs  that  were  not
    25  authorized  pursuant  to section 396-z of the general business law prior
    26  to the effective date of this act.
    27    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    28  have  become a law, provided that the amendments to section 396-z of the
    29  general business law made by sections one and two of this act shall  not
    30  affect  the  expiration  of  such  section and shall be deemed to expire
    31  therewith.