Senate Bill S8530

2021-2022 Legislative Session

Provides for vehicle cost recovery fees

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Sponsored By

Archive: Last Bill Status Via A9343 - Passed Senate


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S8530 - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S6303

2021-S8530 - Summary

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.

2021-S8530 - Sponsor Memo

2021-S8530 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8530
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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:

   Section 1. Subdivision 1 of section 396-z of the general business  law
 is amended by adding a new paragraph (m) to read as follows:
   (M)  "VEHICLE  COST  RECOVERY  FEE"  MEANS THE 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.   EACH SUCH  AUDIT
 SHALL  BE RETAINED FOR A PERIOD OF NOT LESS THAN FIVE YEARS AND SHALL BE
 MADE AVAILABLE TO THE ATTORNEY GENERAL UPON WRITTEN REQUEST.
   § 2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
 general business law, as amended by chapter 109 of the laws of 2018, 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 A VEHICLE COST RECOVERY FEE.
   (b)  In  addition  to the rental rate, taxes, applicable airport fees,
 VEHICLE COST RECOVERY FEE, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2021-S8530A - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S6303

2021-S8530A - Summary

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.

2021-S8530A - Sponsor Memo

2021-S8530A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8530--A
 
                             I N  S E N A T E
 
                               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
 
 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:
 
   Section 1. Subdivision 1 of section 396-z of the general business  law
 is amended by adding a new paragraph (m) to read as follows:
   (M)  "VEHICLE  COST  RECOVERY  FEE"  MEANS THE 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.   EACH SUCH  AUDIT
 SHALL BE RETAINED FOR A PERIOD OF NOT LESS THAN FIVE YEARS.
   §  2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of the
 general business law, as amended by chapter 109 of the laws of 2018, 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 A VEHICLE COST RECOVERY FEE.
   (b) In addition to the rental rate, taxes,  applicable  airport  fees,
 VEHICLE  COST RECOVERY FEE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14697-03-2
              

2021-S8530B - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S6303

2021-S8530B - Summary

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.

2021-S8530B - Sponsor Memo

2021-S8530B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8530--B
 
                             I N  S E N A T E
 
                               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

 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:
 
   Section  1. Subdivision 1 of section 396-z of the general business law
 is amended by adding a new paragraph (m) to read as follows:
   (M) "VEHICLE COST RECOVERY FEE" MEANS  THE  ALLOWABLE  RECOVERY  BY  A
 RENTAL  VEHICLE  COMPANY  FROM  ITS RENTERS FOR ACTUAL COSTS INCURRED TO
 TITLE, REGISTER, PLATE AND INSPECT RENTAL VEHICLES IN THIS STATE  PURSU-
 ANT  TO ARTICLE FOURTEEN OF THE VEHICLE AND TRAFFIC LAW, AND WHICH SHALL
 BE DETERMINED INITIALLY BY AN ANNUAL AUDIT OF THE PRECEDING YEAR'S ACTU-
 AL COSTS CONDUCTED BY THE  RENTAL  VEHICLE  COMPANY;  PROVIDED  HOWEVER,
 NOTHING  CONTAINED  HEREIN  SHALL PROHIBIT A RENTAL VEHICLE COMPANY FROM
 ADJUSTING THE EXPENSE LEVEL DURING  A  CALENDAR  YEAR  TO  MORE  CLOSELY
 REFLECT  ACTUAL  COSTS INCURRED. EACH SUCH AUDIT SHALL BE RETAINED FOR A
 PERIOD OF NOT LESS THAN FIVE YEARS, AND SHALL BE MADE AVAILABLE  TO  THE
 DEPARTMENT  OF STATE, DEPARTMENT OF MOTOR VEHICLES, AND ATTORNEY GENERAL
 UPON WRITTEN REQUEST.
   § 2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
 general business law, as amended by chapter 109 of the laws of 2018, 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 THE VEHICLE COST RECOVERY FEES and SEPARATELY STATE AND
 charge, where applicable, airport fees as such term is defined herein.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14697-06-2
              

2021-S8530C (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S6303

2021-S8530C (ACTIVE) - Summary

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.

2021-S8530C (ACTIVE) - Sponsor Memo

2021-S8530C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8530--C
 
                             I N  S E N A T E
 
                               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:
 
   Section  1. Subdivision 1 of section 396-z of the general business law
 is amended by adding a new paragraph (m) to read as follows:
   (M) "VEHICLE COST RECOVERY FEE" MEANS  THE  ALLOWABLE  RECOVERY  BY  A
 RENTAL  VEHICLE  COMPANY  FROM  ITS RENTERS FOR ACTUAL COSTS INCURRED TO
 TITLE, REGISTER, PLATE AND INSPECT RENTAL VEHICLES IN THIS STATE  PURSU-
 ANT  TO ARTICLE FOURTEEN OF THE VEHICLE AND TRAFFIC LAW, AND WHICH SHALL
 BE DETERMINED INITIALLY BY AN ANNUAL AUDIT OF THE PRECEDING YEAR'S ACTU-
 AL COSTS CONDUCTED BY THE  RENTAL  VEHICLE  COMPANY;  PROVIDED  HOWEVER,
 NOTHING  CONTAINED  HEREIN  SHALL PROHIBIT A RENTAL VEHICLE COMPANY FROM
 ADJUSTING THE EXPENSE LEVEL DURING  A  CALENDAR  YEAR  TO  MORE  CLOSELY
 REFLECT  ACTUAL  COSTS INCURRED. EACH SUCH AUDIT SHALL BE RETAINED FOR A
 PERIOD OF NOT LESS THAN FIVE YEARS, AND SHALL BE MADE AVAILABLE  TO  THE
 DEPARTMENT  OF STATE, DEPARTMENT OF MOTOR VEHICLES, AND ATTORNEY GENERAL
 UPON WRITTEN REQUEST.
   § 2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
 general business law, as amended by chapter 109 of the laws of 2018, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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