S T A T E O F N E W Y O R K
________________________________________________________________________
2653
2011-2012 Regular Sessions
I N S E N A T E
January 27, 2011
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Introduced by Sen. KRUGER -- 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 excessive refu-
eling charges by motor vehicle rental agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-r to read as follows:
S 391-R. RENTAL OF MOTOR VEHICLES; EXCESSIVE REFUELING CHARGES. 1.
DEFINITIONS. AS USED IN THIS SECTION:
A. "MOTOR VEHICLE RENTAL AGENCY," OR "AGENCY," SHALL MEAN A PERSON
ENGAGED IN THE BUSINESS OF RENTING MOTOR VEHICLES IN THIS STATE;
B. "PERSON" SHALL MEAN ANY INDIVIDUAL, FIRM, CORPORATION OR OTHER
LEGAL ENTITY;
C. "MOTOR VEHICLE" SHALL HAVE THE MEANING ASCRIBED THERETO BY SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
2. IT SHALL BE UNLAWFUL FOR ANY MOTOR VEHICLE RENTAL AGENCY TO CHARGE
A PERSON WHO RENTS A MOTOR VEHICLE FROM SUCH AGENCY MORE THAN TEN
PERCENT ABOVE THE AVERAGE PRICE OF GASOLINE WITHIN A FIVE MILE RADIUS OF
SUCH AGENCY'S LOCATION AS THE COST OF REFUELING SUCH VEHICLE UPON ITS
RETURN.
3. ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A MISDEMEANOR AND
SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR
NOT MORE THAN ONE HUNDRED DAYS IN JAIL, OR BOTH.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07090-01-1