S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8389
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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 certain  rental
   vehicle protections; to amend chapter 656 of the laws of 2002 amending
   the  general  business  law relating to rental vehicle protections, in
   relation to making such provisions permanent; and  providing  for  the
   repeal of certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 396-z of the general business law,  as  amended  by
 chapter 731 of the laws of 2006, is amended to read as follows:
   §  396-z.  Rental  vehicle  protections.  1.  For the purposes of this
 section: (a) "Authorized driver" [shall mean]  MEANS: (i) the person  to
 whom  the  vehicle  is  rented  if a licensed driver; (ii) such person's
 spouse if licensed and at least eighteen years of age; (iii) any  person
 who  operates  the  vehicle  during  an emergency situation to a medical
 facility; or (iv) any licensed driver expressly  listed  on  the  rental
 agreement as an authorized driver.
   (b) "Rental agreement" means any written agreement setting forth terms
 and  conditions governing the RENTER'S OR ANY authorized driver's use of
 a rental vehicle[, as defined in section one hundred  thirty-seven-a  of
 the  vehicle and traffic law,] for a period not to exceed thirty contin-
 uous days.
   (c) "Rental vehicle company" means any person or organization, or  any
 subsidiary  or  affiliate,  including  a  franchisee, in the business of
 providing rental vehicles to the public from locations in this state.
   (d) "Optional vehicle protection" means  a  rental  vehicle  company's
 agreement not to hold an authorized driver liable for all or part of any
 damage  or  loss  to  the  rented vehicle, any loss of use of the rented
 vehicle, or any storage, impound, towing or administrative  charges  for
 which [the] AN authorized driver may be liable. The term "optional vehi-
 cle  protection"  shall encompass within its meaning other similar terms
 that may be used by rental vehicle companies, such as but not limited to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08643-13-8

 S. 8389                             2
 
 "Collision Damage Waiver", "CDW", "Damage Waiver", "Loss Damage Waiver",
 "LDW", and "Physical Damage Waiver".
   (e)  "Renter"  means  a  person  or  entity  that obtains the use of a
 [private passenger] RENTAL vehicle from a rental vehicle  company  under
 terms of a rental agreement.
   (f) "Consolidated facilities charge" means the allowable recovery by a
 rental  vehicle  company  from  its renters of those fees, including any
 taxes or fees paid on such fees, for the finance,  design,  construction
 and  operation  of  consolidated  airport facilities and or the finance,
 design, construction and operation of common use transportation  systems
 that  move passengers between airport terminals and [those] consolidated
 airport car rental facilities. The  aggregate  amount  to  be  collected
 shall  not  exceed  the  reasonable  costs, as determined annually by an
 independent audit paid for by the  airport  operator  or  its  governing
 entity,  to  finance, design, construct and operate those facilities and
 common use transportation systems. The consolidated  [facility]  FACILI-
 TIES  charge  shall  apply  only to vehicle rentals occurring at vehicle
 rental locations subject to the imposition of such charge by an  airport
 operator  or  its  governing  entity.  THE TERM "CONSOLIDATED FACILITIES
 CHARGE" SHALL ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT  MAY
 BE USED BY AIRPORT AUTHORITIES OR RENTAL VEHICLE COMPANIES, SUCH AS, BUT
 NOT  LIMITED  TO "CUSTOMER FACILITY CHARGE" AND "TRANSPORTATION FACILITY
 CHARGE".
   (g) "Concession recovery fee" means the allowable recovery by a rental
 vehicle company from its renters of those fees, including any  taxes  or
 fees paid on such fees, which an airport operator or its governing enti-
 ty  imposes  on a rental vehicle company's applicable revenues OR RENTAL
 TRANSACTIONS, as defined and  stated  in  a  concession  agreement  that
 authorizes  a rental vehicle company to operate at an airport located in
 this state. The concession recovery fee  shall  apply  only  to  vehicle
 rentals  occurring at vehicle rental locations subject to the imposition
 of such fee by an airport operator or its  governing  entity.  THE  TERM
 "CONCESSION RECOVERY FEE" SHALL ENCOMPASS WITHIN ITS MEANING OTHER SIMI-
 LAR  TERMS  THAT  MAY  BE  USED BY AIRPORT AUTHORITIES OR RENTAL VEHICLE
 COMPANIES, SUCH AS, BUT NOT LIMITED TO,  "CONCESSION  FEE",  "CONCESSION
 RECOVERY FEE SURCHARGE", "PRIVILEGE FEE" AND "AIRPORT ACCESS FEE".
   (h)  "Airport fees" means [the] consolidated [facility charge] FACILI-
 TIES CHARGES and/or [the] concession recovery [fee as  those  terms  are
 defined herein] FEES.
   (i)  "Concession  agreement"  means  an  agreement,  permit or license
 entered into between an airport operator or  its  governing  entity  and
 rental  vehicle  company  setting  forth  the terms and conditions under
 which the rental vehicle company may transact  its  rental  business  at
 such airport.
   (j)  "Consolidated  airport facilities" means those buildings or phys-
 ical structures, including, but not limited to, parking garages, parking
 areas and fueling systems, constructed by or on behalf  of  the  airport
 operator  or its governing entity to be jointly used by all rental vehi-
 cle companies operating at such airport pursuant to a concession  agree-
 ment.
   (K)  "RENTAL VEHICLE" MEANS A RENTAL VEHICLE AS DEFINED IN SECTION ONE
 HUNDRED THIRTY-SEVEN-A OF THE VEHICLE AND  TRAFFIC  LAW,  BUT  EXCLUDING
 MOTOR  VEHICLES DESIGNED, USED OR MAINTAINED PRIMARILY FOR THE TRANSPOR-
 TATION OF PROPERTY.
   2. (a) A rental vehicle company  shall  not  charge  more  than  [nine
 dollars]  THE  FOLLOWING  AMOUNTS  per  full or partial twenty-four hour

 S. 8389                             3
 
 rental day  for  optional  vehicle  protection  [if  the  manufacturer's
 suggested  retail price of the rental vehicle is not greater than thirty
 thousand dollars. A rental vehicle company shall not  charge  more  than
 twelve  dollars  per  full  or  partial  twenty-four hour rental day for
 optional vehicle protection]:
   (I) NINE DOLLARS if the manufacturer's suggested retail price  of  the
 rental vehicle is NOT greater than [thirty] TWENTY thousand dollars;
   (II)  TWELVE  DOLLARS  IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF
 THE RENTAL VEHICLE IS GREATER  THAN  TWENTY  THOUSAND  DOLLARS  BUT  NOT
 GREATER THAN THIRTY-FIVE THOUSAND DOLLARS;
   (III)  FIFTEEN DOLLARS IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF
 THE RENTAL VEHICLE IS GREATER THAN THIRTY-FIVE THOUSAND DOLLARS BUT  NOT
 MORE THAN FIFTY THOUSAND DOLLARS; AND
   (IV)  THE  AMOUNT THAT MAY BE CHARGED FOR A VEHICLE WITH A MANUFACTUR-
 ER'S SUGGESTED VALUE OF MORE THAN FIFTY THOUSAND DOLLARS  SHALL  NOT  BE
 SUBJECT  TO  A  MAXIMUM  DOLLAR  AMOUNT BUT SHALL BE SUBJECT TO THE FAIR
 MARKET VALUE AS DETERMINED BY THE RENTAL VEHICLE COMPANY.
   (b)  A  rental  vehicle  company  shall  not  sell  optional   vehicle
 protection  unless the [authorized driver] RENTER agrees to the purchase
 of such protection in writing at or prior to the time the rental  agree-
 ment is executed.
   (c)   A  rental  vehicle  company  shall  not  void  optional  vehicle
 protection except for one or more of the following reasons:
   (i) The damage or loss is caused intentionally or as a result of will-
 ful, wanton, or reckless conduct of the driver[.];
   (ii) The damage or loss arises out of the driver's  operation  of  the
 vehicle while intoxicated or impaired by the use of alcohol or drugs[.];
   (iii)  The  rental vehicle company entered into the rental transaction
 based on fraudulent or materially  false  information  supplied  by  the
 renter or authorized driver[.];
   (iv)  The  damage  or  loss arises out of the use of the vehicle while
 engaged in the commission of a crime other than a traffic infraction[.];
   (v) The damage or loss arises out of the use of the vehicle  to  carry
 persons  or property for hire, to push or tow anything, while engaged in
 a speed contest, operating off road, or for driver's training[.];
   (vi) The damage or loss arises out of the use  of  the  vehicle  by  a
 person  other than: (1) an authorized driver; [a duly licensed parent or
 child over the age of eighteen thereof who permanently  resides  in  the
 same  household;]  (2)  THE RENTER'S CHILD OVER THE AGE OF EIGHTEEN OR A
 PARENT OR PARENT-IN-LAW OF THE RENTER, PROVIDED SUCH  CHILD,  PARENT  OR
 PARENT-IN-LAW  IS  PROPERLY  LICENSED  TO  OPERATE  A  MOTOR VEHICLE AND
 RESIDES IN THE SAME HOUSEHOLD AS THE RENTER; or (3) a parking  valet  or
 parking  garage  attendant  for compensation and in the normal course of
 employment[.];
   (vii) The damage or loss arises out of the use of the vehicle  outside
 of  the  continental  United  States  when  that use is not specifically
 authorized by the rental agreement[.]; OR
   (viii) The RENTER, OR authorized driver [has], IF  DIFFERENT,  OR  THE
 RENTER'S  CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF
 THE RENTER, IF APPLICABLE, HAVE failed to comply with  the  requirements
 for  reporting  damage  or loss as set forth in subdivision five of this
 section.
   (d) A customer may void optional vehicle protection at no charge with-
 in twenty-four hours of purchase provided that  the  customer:  (i)  has
 rented  the  vehicle for two or more days, (ii) appears in person at any
 branch of the vehicle rental company  together  with  the  vehicle  that

 S. 8389                             4
 
 shall  be  subject  to  inspection,  and (iii) signs a cancellation form
 provided by the rental  vehicle  company.  AFTER  TWENTY-FOUR  HOURS  OF
 PURCHASE,  A  CUSTOMER  MAY TERMINATE OPTIONAL VEHICLE PROTECTION AT ANY
 TIME,  PROVIDED THE CUSTOMER: (I) APPEARS IN PERSON AT ANY BRANCH OF THE
 VEHICLE RENTAL COMPANY TOGETHER WITH THE VEHICLE THAT SHALL  BE  SUBJECT
 TO  INSPECTION;  (II)  VOIDS THE OPTIONAL VEHICLE PROTECTION IN WRITING;
 AND (III) PAYS THE OPTIONAL VEHICLE PROTECTION CHARGE FOR  ANY  FULL  OR
 PARTIAL RENTAL DAY OR PORTION OF A DAY DURING WHICH THE OPTIONAL VEHICLE
 PROTECTION WAS IN EFFECT.
   3.  Subject  to the provisions of subdivisions six, seven, and nine of
 this section, a rental vehicle company may  hold  an  authorized  driver
 liable  for  actual  damage  to,  or loss of, a rental vehicle, provided
 that: (a) any claim for such damage shall be based on a physical  survey
 and  shall  be  made  upon the return of the rental vehicle, unless SUCH
 SURVEY IS PRECLUDED WHEN THE VEHICLE IS  returned  by  automation  [or],
 RETURNED  after-hours [which precludes such survey], OR RECOVERED BY THE
 RENTAL COMPANY, in which event, any claim must be made within  ten  days
 after  return  OR RECOVERY; and (b) any charge for repair of such damage
 shall be limited to actual and reasonable costs and  shall  be  assessed
 and  billed separately and apart from the rental agreement. For purposes
 of this subdivision, "returned by automation" means a  return  [acknowl-
 edged  by machine receipt and] where there is no interaction with rental
 vehicle company personnel; and "after-hours" return means a return after
 normal business hours and in which the keys [and rental  agreement]  are
 [deposited  in]  RETURNED  TO  the rental vehicle company [office] VIA A
 DROP BOX OR OTHER PROCESS OFFERED BY THE RENTAL VEHICLE COMPANY.
   4. (a) Any rental vehicle company which states or permits to be stated
 the rental costs of a rental vehicle in any  advertisement  shall  state
 conspicuously,  in plain language and in conjunction with the advertised
 rental cost of the vehicle, the daily rate of  the  applicable  optional
 vehicle protection, that the rate constitutes an additional daily charge
 to  the  renter,  that  the purchase of such protection is optional, and
 that prospective renters should examine their  credit  card  protections
 and automobile insurance policies for rental vehicle coverage.
   (b) Where a written advertisement, including all print media, contains
 the statement of the rental cost of the vehicle, the disclosure required
 by this section shall be printed in type no less than ten point type.
   (c) When the video presentation of a television or internet advertise-
 ment by the rental vehicle company contains the written statement of the
 rental  cost  of  a  vehicle,  the depiction of the cost of the optional
 vehicle protection shall be clear and conspicuous.
   (d) When a radio advertisement or the audio presentation  of  a  tele-
 vision  advertisement  contains  the statement of the rental cost of the
 motor vehicle, the oral statement of the rental cost  shall  immediately
 be  accompanied by an oral statement of the cost of the optional vehicle
 protection.
   (e) When a telephone inquiry for the rental cost of a vehicle is  made
 to  a  rental  vehicle company, the representative of the rental vehicle
 company shall, in response to an inquiry by the caller, STATE THAT ADDI-
 TIONAL OPTIONAL PRODUCTS THAT MAY  BE  OFFERED  BY  THE  RENTAL  VEHICLE
 COMPANY  ARE  NOT  INCLUDED  IN THE DAILY RENTAL RATE.  IF AN INQUIRY IS
 MADE REGARDING OPTIONAL VEHICLE PROTECTION, THE AGENT SHALL provide  the
 cost  of  the optional vehicle protection and state that the purchase of
 such protection is optional and that the  renter's  personal  automobile
 insurance or credit card may provide coverage.

 S. 8389                             5
 
   (f) Any rental vehicle company that offers optional vehicle protection
 to  [an  authorized  driver]  A  RENTER  shall  [inform] DISCLOSE TO the
 [authorized driver in posted signs or in  pamphlets,  written  in  plain
 language,  of  all  of  the information required to be disclosed by this
 section. The requirements of this paragraph shall be deemed to be satis-
 fied  if  the  rental  vehicle  company places the] RENTER THE FOLLOWING
 INFORMATION ON posted signs or pamphlets prominently  and  conspicuously
 DISPLAYED OR OFFERED where they may be easily seen or reached by custom-
 ers:
                                 "NOTICES
 
   THE  FOLLOWING  IS  A  SUMMARY OF RENTER'S RIGHTS AND OBLIGATIONS. FOR
 COMPLETE DETAILS, REFER TO THE RENTAL AGREEMENT.
   OPTIONAL VEHICLE PROTECTION (OVP): THIS CONTRACT OFFERS, FOR AN  ADDI-
 TIONAL  CHARGE, OVP TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR
 LOSS TO THE RENTAL VEHICLE. THE PURCHASE OF OVP IS OPTIONAL AND  MAY  BE
 DECLINED.    BEFORE  DECIDING  WHETHER  TO PURCHASE OVP, YOU MAY WISH TO
 DETERMINE WHETHER YOUR CREDIT CARD, OR YOUR VEHICLE  INSURANCE,  AFFORDS
 YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE, AND THE AMOUNT OF DEDUCT-
 IBLE UNDER SUCH COVERAGE.
   OVP  -  WHEN  VOID:  OVP  IS VOID AND SHALL NOT APPLY TO THE FOLLOWING
 SITUATIONS:
   1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT  OF  OPERATOR'S  INTEN-
 TIONAL  ACTS;  WILLFUL, WANTON, OR RECKLESS CONDUCT; OR OPERATION OF THE
 VEHICLE WHILE INTOXICATED OR IMPAIRED BY THE USE OF DRUGS;
   2. THE RENTER, OR AUTHORIZED DRIVER, PROVIDES FRAUDULENT OR MATERIALLY
 FALSE INFORMATION TO THE RENTAL VEHICLE COMPANY;
   3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE RENTAL VEHICLE:
   (A) WHILE ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN  A  TRAFFIC
 INFRACTION;
   (B)  TO  CARRY  PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING,
 WHILE ENGAGED IN A SPEED CONTEST, OPERATING OFF ROAD,  OR  FOR  DRIVER'S
 TRAINING;
   (C) BY A PERSON OTHER THAN: (1) AN AUTHORIZED DRIVER; (2) THE RENTER'S
 CHILD  OVER  THE  AGE  OF  EIGHTEEN  OR A PARENT OR PARENT-IN-LAW OF THE
 RENTER,  PROVIDED  SUCH  CHILD,  PARENT  OR  PARENT-IN-LAW  IS  PROPERLY
 LICENSED TO OPERATE A MOTOR VEHICLE AND RESIDES IN THE SAME HOUSEHOLD AS
 THE  RENTER;  OR  (3)  A  PARKING  VALET OR PARKING GARAGE ATTENDANT FOR
 COMPENSATION AND IN THE NORMAL COURSE OF EMPLOYMENT;
   (D) OUTSIDE OF THE CONTINENTAL UNITED  STATES  WHEN  NOT  SPECIFICALLY
 AUTHORIZED BY THE RENTAL AGREEMENT;
   (E)  WHERE  THE  RENTER  OR  AUTHORIZED  DRIVER,  IF DIFFERENT, OR THE
 RENTER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW  OF
 THE  RENTER,  IF  APPLICABLE, FAILED TO COMPLY WITH THE REQUIREMENTS FOR
 REPORTING DAMAGE OR LOSS AS SET FORTH IN THE RENTAL AGREEMENT.
   OVP - DAMAGE REPORTING REQUIREMENTS: IF THE  RENTAL  VEHICLE  SUSTAINS
 DAMAGE  OR  LOSS, THE RENTER AND OTHER AUTHORIZED DRIVER, IF APPLICABLE,
 ARE REQUIRED TO COMPLETE AND RETURN AN INCIDENT  REPORT  NOTICE  TO  THE
 RENTAL VEHICLE COMPANY.
   OVP  - RIGHT TO INSPECT VEHICLE DAMAGES: THE RENTER OR HIS/HER INSURER
 HAS THE RIGHT TO REQUEST AN INSPECTION OF  THE  VEHICLE  DAMAGES  WITHIN
 SEVENTY-TWO HOURS OF THE RETURN OF THE VEHICLE. FAILURE OF THE RENTER OR
 HIS/HER  INSURER  TO  REQUEST  AN INSPECTION WITHIN SEVENTY-TWO HOURS OF
 RETURN SHALL BE DEEMED A WAIVER OF THE  RIGHT  TO  INSPECT  THE  DAMAGED
 VEHICLE."

 S. 8389                             6
 
   (g)  The  following disclosure notice shall be made on the face of the
 rental agreement either by stamp,  label  or  as  part  of  the  written
 contract  or  on  any other written document provided to the [authorized
 driver at the time such driver takes possession of the  vehicle]  RENTER
 UPON EXECUTION OF SUCH CONTRACT, AND shall be set apart in boldface type
 and in no smaller print than ten point type:
   "NOTICE:  This  contract  offers,  for  an additional charge, optional
 vehicle protection to cover your financial responsibility for damage  or
 loss  to the rental vehicle. The purchase of optional vehicle protection
 is optional and may be declined. You are advised to  carefully  consider
 whether to purchase this protection if you have rental vehicle collision
 coverage  provided  by  your credit card or automobile insurance policy.
 Before deciding whether to purchase optional vehicle protection, you may
 wish to determine whether your credit card  or  your  vehicle  insurance
 affords  you coverage for damage to the rental vehicle and the amount of
 deductible under such coverage."
   (h) The contract shall also include in boldface type and in no smaller
 print than ten point type[, in plain language, any other  conditions  or
 exclusions  applicable  to  the  optional vehicle protection. The rental
 vehicle company] THE CONDITIONS AND EXCLUSIONS SET  FORTH  IN  PARAGRAPH
 (C)  OF  SUBDIVISION  TWO  OF  THIS  SECTION. UPON IDENTIFICATION BY THE
 RENTAL VEHICLE COMPANY OF DAMAGE TO  THE  RENTAL  VEHICLE,  SUCH  RENTAL
 VEHICLE  COMPANY  shall  [also] inform the [authorized driver] RENTER of
 his or her right to inspect the vehicle pursuant  to  paragraph  (c)  of
 subdivision five of this section.
   5.  (a) Upon IDENTIFICATION OF DAMAGE BY THE RENTAL VEHICLE COMPANY AT
 THE return of the vehicle, termination of the rental contract, or within
 ten days if returned by automation [or], RETURNED after-hours, OR RECOV-
 ERED BY THE RENTAL VEHICLE COMPANY, the  rental  vehicle  company  shall
 furnish  an  incident  report  form and a notice, pursuant to this para-
 graph, of the [authorized driver's] obligation OF THE RENTER  AND  OTHER
 AUTHORIZED  DRIVER,  IF  APPLICABLE, to execute and return to the rental
 vehicle company a complete and accurate incident report  describing  any
 physical  and/or  mechanical damage. AN AUTHORIZED DRIVER OTHER THAN THE
 RENTER SHALL BE REQUIRED TO EXECUTE AND RETURN SUCH INCIDENT REPORT FORM
 ONLY IF SUCH AUTHORIZED DRIVER WAS OPERATING THE VEHICLE WHEN THE  INCI-
 DENT  OCCURRED.  If the vehicle is returned by automation [or], RETURNED
 after-hours, OR RECOVERED BY THE RENTAL VEHICLE COMPANY,  such  incident
 report  form and notice shall be mailed by overnight delivery service or
 certified mail, return receipt  requested,  and  another  copy  of  such
 notification  shall  be sent by regular mail. The rental vehicle company
 shall retain for six years a copy of such notice and the certified  mail
 return receipt.
   (b)  [Upon  return of the vehicle, or within] WITHIN seventy-two hours
 [if the return is by automation or after-hours, the  authorized  driver]
 OF RECEIPT OF THE INCIDENT REPORT, THE RENTER or his or her insurer must
 notify  the rental vehicle company that they wish to inspect the damaged
 vehicle. [The inspection must be completed  within  seven  days  of  the
 return date of the vehicle.] If the [authorized driver] RENTER or his or
 her insurer does not request this inspection within the seventy-two hour
 period,  the  [authorized  driver]  RENTER or his or her insurer will be
 deemed to have waived this right.
   (c) If the RENTER OR OTHER authorized  driver  declines  or  fails  to
 complete  and  return the incident report required pursuant to paragraph
 (a) of this subdivision, the rental vehicle  company  shall,  no  sooner
 than  [twenty]  TEN  days  after the mailing of notification pursuant to

 S. 8389                             7
 
 such paragraph (a), mail another copy of the  incident  report  together
 with  a  letter  stating  that the RENTER OR OTHER authorized driver has
 declined or otherwise failed to complete and return the incident report.
 Such  mailing  shall be by overnight delivery service or certified mail,
 return receipt requested, and another copy of such notification by regu-
 lar mail, with proof of mailing by production of a certificate of  mail-
 ing  from  the  post  office. [Within seventy-two hours of return of the
 vehicle, the authorized driver or his or her  insurer  must  notify  the
 rental  vehicle  company  that  he  or she wishes to inspect the damaged
 vehicle. The inspection must be  completed  within  seven  days  of  the
 return  date  of  the  vehicle.  If  the authorized driver or his or her
 insurer does not request this inspection  within  the  seventy-two  hour
 period,  the  authorized  driver or his or her insurer will be deemed to
 have waived this right.] WHEN A REQUEST TO INSPECT THE VEHICLE HAS  BEEN
 TIMELY  MADE BY THE RENTER OR HIS OR HER INSURER, THE INSPECTION MUST BE
 COMPLETED WITHIN SEVEN DAYS OF  SUCH  REQUEST.  If  the  rental  vehicle
 company determines the damaged vehicle to be a total loss and subject to
 salvage,  such seventy-two hour period for notification or waiver of the
 wish to inspect the damaged vehicle shall not apply, and the [authorized
 driver] RENTER or his or her insurer shall have ten business  days  from
 the  [authorized  driver's]  RENTER'S  receipt  of notification from the
 rental vehicle company pursuant to paragraph (a) of this subdivision  to
 inspect the damaged vehicle, unless the rental vehicle company agrees to
 provide  access  to  such  damaged  vehicle beyond the ten business days
 provided herein. Within the  limits  provided  in  this  paragraph,  the
 rental  vehicle  company  shall  identify  the  repairer of, and provide
 access to, the damaged vehicle, in order to verify the nature and extent
 of damages, repairs and repair costs, and/or repair estimates.
   (d) All notices shall be mailed to the [authorized  driver's]  address
 OF  THE  RENTER AND OTHER AUTHORIZED DRIVER, IF APPLICABLE, as stated on
 his or her license, or other address as designated by him or her ON  THE
 RENTAL AGREEMENT.
   (e)  The  RENTER  AND  OTHER  authorized  driver, IF APPLICABLE, shall
 complete and return the incident report within ten days of  the  receipt
 of the notice.
   (f)  The  notice  required  by  this  subdivision shall be in at least
 twelve point bold face type and shall contain the statement: "Failure to
 completely and accurately fill out and return an incident report  within
 ten  days of receipt of this notice may make the RENTER OR OTHER author-
 ized driver liable for damages sustained to the rental  vehicle.  Except
 where  the  damaged vehicle is determined to be a total loss and subject
 to salvage, the [authorized driver] RENTER or his  or  her  insurer  has
 seventy-two  hours  from the return OR RECOVERY of the vehicle to notify
 the rental vehicle company that he or she wishes to inspect the  damaged
 vehicle.  The inspection must be completed within seven business days of
 the [return date of the vehicle] REQUEST TO INSPECT THE VEHICLE. If  the
 [authorized  driver  or his or her insurer does not request this] RENTAL
 VEHICLE COMPANY DOES NOT RECEIVE NOTIFICATION FROM THE RENTER OR HIS  OR
 HER INSURER REQUESTING SUCH inspection within the seventy-two hour peri-
 od,  the  [authorized  driver  or] RENTER AND his or her insurer will be
 deemed to have waived this right. If the rental vehicle  company  deter-
 mines  the  damaged  vehicle  to be a total loss and subject to salvage,
 such seventy-two hour period for notification or waiver of the  wish  to
 inspect  the  damaged vehicle shall not apply, and such right to inspect
 the damaged vehicle shall expire ten business days from the  [authorized
 driver's] RENTER'S receipt of this notice from the rental vehicle compa-

 S. 8389                             8
 
 ny [at the return of the vehicle or receipt of the first mailing of this
 notice  in  the  event  of  return of the vehicle by automation or after
 hours]. Upon request of the [authorized driver] RENTER  or  his  or  her
 insurer,  we will provide a copy of our estimate of the costs of repair-
 ing the damaged motor vehicle."
   (g) For purposes of this subdivision, an "incident  report"  shall  be
 defined  as  a  motor  vehicle  accident  report pursuant to section six
 hundred five of the vehicle and traffic law or any  similar  appropriate
 form furnished by the rental vehicle company.
   (h)  Provided,  however,  if  the RENTER OR OTHER authorized driver is
 physically incapable of completing the report, the requirements of  this
 subdivision  shall  lapse  until after he or she is able to complete the
 report and is notified that he or  she  must  complete  and  return  the
 report as required by paragraph (b) of this subdivision.
   (i) Provided, further, THE RENTAL VEHICLE COMPANY MUST, AT LEAST twen-
 ty  days  prior  to commencing an action against the [authorized driver,
 the rental vehicle company must prove] RENTER OR OTHER AUTHORIZED  DRIV-
 ER,  IF  APPLICABLE, PROVIDE the [authorized driver had] RENTER OR OTHER
 AUTHORIZED DRIVER, IF APPLICABLE, an additional opportunity to [provide]
 COMPLETE AND SUBMIT the incident report by providing  a  second  notice,
 along  with  another  incident report, by certified mail, return receipt
 requested, and another copy of such notice and report by  regular  mail,
 with  proof  of  mailing by production of a certificate of mailing[; and
 if]. IF the [authorized driver] RENTER OR OTHER  AUTHORIZED  DRIVER,  IF
 APPLICABLE,  provides  the rental vehicle company with a completed inci-
 dent report within fifteen days  of  the  receipt  of  the  notice,  the
 provisions of this subdivision shall be deemed satisfied.
   6.  (a)  A rental vehicle company may hold an authorized driver liable
 to the extent permitted under this chapter for  physical  or  mechanical
 damage  to  the  rental  vehicle  that occurs during the time the rental
 vehicle is under  the  rental  agreement;  provided,  however,  that  [a
 renter]  AN AUTHORIZED DRIVER shall not be liable for [mechanical damage
 unrelated to an accident, nor for] any normal wear and tear  or  [other]
 mechanical  damage  that could reasonably be expected from normal use of
 the vehicle[, except in instances where abuse or neglect by  the  driver
 is  shown].  For the purposes of this subdivision, THE TERM "NORMAL WEAR
 AND TEAR" SHALL MEAN THE DETERIORATION OF THE CONDITION OF  THE  VEHICLE
 OR ITS COMPONENT PARTS DUE TO REPETITIVE USE AND DOES NOT INCLUDE DAMAGE
 ARISING  FROM  A  SPECIFIC  OCCURRENCE  OR  ACCIDENT DURING THE TIME THE
 RENTAL VEHICLE IS SUBJECT TO THE RENTAL AGREEMENT; AND THE TERM  "actual
 and  reasonable  costs"  shall  mean  the  [repair  price reduced by all
 discounts paid by the rental vehicle company  to  the  repairer  of  the
 vehicle,  including]  COST TO REPAIR THE VEHICLE INCLUDING ALL DISCOUNTS
 AND PRICE ADJUSTMENTS AVAILABLE TO THE RENTAL VEHICLE COMPANY AND  SHALL
 INCLUDE costs for towing, storage, and impound fees WHERE APPLICABLE.
   (b) The total liability of an authorized driver under paragraph (a) of
 this  subdivision  for  damage  to  a motor vehicle shall not exceed the
 lesser of:
   (i) the actual and reasonable costs that the  rental  vehicle  company
 incurred  to repair the motor vehicle or that the rental vehicle company
 would have incurred if the motor vehicle had been repaired, which  shall
 reflect any discounts, price reductions, or adjustments available to the
 rental vehicle company; or
   (ii) the fair market value of the motor vehicle immediately before the
 damage  occurred,  as determined in the applicable market for the retail
 sale of the motor vehicle, less any net disposal proceeds.

 S. 8389                             9
 
   (c) The total liability of an authorized driver under paragraph (a) of
 this subdivision for loss of a motor vehicle shall not exceed reasonable
 costs incurred by the rental vehicle company for the loss due  to  theft
 of  the rental vehicle up to its fair market value, as determined by the
 applicable  market  for  the retail sale of that vehicle if it is estab-
 lished that an authorized driver failed to exercise reasonable  care  or
 that  an authorized driver committed, or aided or abetted in the commis-
 sion of, the theft of the rental motor vehicle.
   (d) Damages incurred by rental vehicle companies for the loss  of  use
 of  a rental vehicle and related administrative fees shall not be recov-
 ered [from authorized drivers] FROM ANY AUTHORIZED DRIVER OR HIS OR  HER
 INSURER.
   (e)  A  rental  vehicle  company  shall  not hold an authorized driver
 liable for any amounts that the rental vehicle company recovers from any
 other party.
   (f) A rental vehicle company shall not collect or attempt  to  collect
 the  amount  described  in  paragraph (b) of this subdivision unless the
 rental vehicle company:
   (i) obtains an estimate from a repair company or an appraiser  in  the
 business of providing such appraisals on the cost of repairing the motor
 vehicle;
   (ii)  provides  a  copy of the estimate and photographic evidence upon
 request to the [authorized driver] PARTY who may be liable  under  para-
 graph (a) of this subdivision, or the insurer of [the authorized driver]
 SUCH PARTY; and
   (iii)  submits  a  copy  of the estimate with any claim to collect the
 amount described in paragraph (b) of this subdivision.
   (g) A claim against an authorized driver resulting from damage or loss
 to a rental vehicle shall be  reasonable  and  [rationally  related  to]
 REFLECT  THE VALUE OF the actual loss incurred. A rental vehicle company
 shall mitigate damages where possible and shall not  assert  or  collect
 any  claim for physical damage which exceeds the amount authorized under
 paragraph (b) of this subdivision.
   (h) If insurance coverage exists under [the]  AN  authorized  driver's
 applicable  insurance  policy,  [the] SUCH authorized driver may require
 that the rental vehicle company submit any claims to [the] SUCH  author-
 ized driver's insurance carrier. Upon the request of an authorized driv-
 er,  the  rental  vehicle  company shall submit any claims to [the] SUCH
 authorized driver's insurance carrier and shall not make any written  or
 oral  representations  to the contrary, nor shall it make any written or
 oral representations that it will not negotiate with [the] SUCH  author-
 ized driver's insurance carrier.
   7. (a) No rental vehicle company shall [require] COLLECT OR CHARGE any
 security, deposit, or [charge] PAYMENT for damage in any form, by credit
 card,  DEBIT  CARD  or  otherwise,  OR  REPORT  THE DEBT TO ANY CONSUMER
 REPORTING AGENCY, AS DEFINED IN SUBDIVISION (E) OF SECTION THREE HUNDRED
 EIGHTY-A OF THIS CHAPTER, during the term of  the  rental  agreement  or
 pending resolution of any dispute.
   (b)  No  rental  vehicle company shall require a deposit or an advance
 charge against the credit card OR DEBIT CARD of an authorized driver, in
 any form, for damages to a rental vehicle which  is  in  the  authorized
 driver's possession or control.
   (c)  No  rental  vehicle company shall [require] COLLECT OR CHARGE any
 payment [to the] FROM AN AUTHORIZED DRIVER  FOR  DAMAGE  TO  THE  rental
 vehicle  [company,] upon [the authorized driver's] return OR RECOVERY of
 the vehicle in a damaged condition, until after the cost of  the  damage

 S. 8389                            10
 
 to  the  vehicle  and liability therefor is agreed to between the rental
 vehicle company and [the] AN authorized driver OR HIS OR HER INSURER, or
 is determined pursuant to law OR RENTAL AGREEMENT PROVISIONS  CONSISTENT
 WITH  THE  RIGHTS  AND  OBLIGATIONS SET FORTH IN THIS SECTION; provided,
 however, that a rental vehicle company is not precluded from  presenting
 a claim to [the] AN authorized driver AND HIS OR HER INSURER pursuant to
 other provisions of this section.
   (d)  Causes  of action concerning the existence of, liability for, and
 extent and cost of damage to the vehicle shall,  where  appropriate,  be
 commenced  by  a  rental  vehicle  company in a [commercial claims part]
 COURT OF COMPETENT JURISDICTION, in accordance with the limitations  and
 jurisdiction  of  the  appropriate  court  act PROVIDED THE CLAIMANT HAS
 FIRST MAILED A DEMAND LETTER. WHERE THE COURT RULES SPECIFY THE FORM AND
 SUBSTANCE OF THE DEMAND LETTER, IT SHALL BE IN COMPLIANCE WITH THE RULES
 OF ANY SUCH COURT.  NOTWITHSTANDING  THE  FOREGOING,  NOTHING  CONTAINED
 HEREIN  SHALL PROHIBIT A RENTAL VEHICLE COMPANY AND AN AUTHORIZED DRIVER
 OR HIS OR HER INSURER FROM AGREEING TO SUBMIT THE MATTER TO  ARBITRATION
 TO THE EXTENT PERMITTED UNDER THE RENTAL AGREEMENT, IF APPLICABLE.
   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] THE  RENTER
 must pay to obtain a rental vehicle. Provided, however, a rental vehicle
 company  shall  be permitted to separately quote and charge airport fees
 as defined herein, 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.
   8-A.  IT SHALL BE UNLAWFUL FOR ANY RENTAL VEHICLE COMPANY TO ENGAGE IN
 ANY OF THE FOLLOWING PRACTICES SOLELY ON THE BASIS OF  THE  GEOGRAPHICAL
 LOCATION  OF  THE  RESIDENCE  OF A NEW YORK STATE RESIDENT ATTEMPTING TO
 ENTER INTO A RENTAL AGREEMENT:
   (A) REFUSING TO RENT A VEHICLE;
   (B) IMPOSING ANY ADDITIONAL CHARGE FOR THE RENTAL OF A MOTOR  VEHICLE;
 OR
   (C)  IMPOSING  ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
 RENTAL OF A VEHICLE.
   9. No rental vehicle company shall hold any authorized  driver  liable
 for  any  damage  to,  or loss of, a rental vehicle, as provided by this
 section, unless the rental vehicle company prominently discloses, on the
 rental agreement, in at least ten point bold face  display,  the  nature
 and  extent  of such liability and such driver's rights and responsibil-
 ities [under] PURSUANT TO PARAGRAPH  (C)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION AND PARAGRAPH (G) OF SUBDIVISION FOUR OF this section.
   10.  (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.
   (b)  In  addition  to the rental rate, taxes, applicable airport fees,
 and mileage charge, if any, a rental vehicle company may charge  for  an
 item  or  service provided in connection with a particular rental trans-
 action 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

 S. 8389                            11
 
 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.
   (c) A rental vehicle company shall make available detachable or remov-
 able  seats  which  meet  the requirements of subdivision one of section
 twelve hundred twenty-nine-c of the vehicle and traffic law.
   (d) Fees for additional authorized drivers shall  not  exceed  [three]
 FIVE dollars per additional driver per rental day.
   (e)  A  rental  vehicle company shall furnish with each rental vehicle
 pursuant to an agreement either an owner's manual  or  a  diagram  which
 shall  indicate the location and plain language description of the func-
 tions necessary for the safe and  efficient  operation  of  the  vehicle
 which shall at a minimum include:
   (i) Headlights;
   (ii) Brakes and emergency brake;
   (iii) Turn signal indicators;
   (iv) Hazard lights;
   (v) Windshield wipers and washers;
   (vi) Horn;
   (vii) Cruise control;
   (viii) Heat control system including defrost systems;
   (ix) Car locking systems; and
   (x)  [Spare]  IF APPLICABLE, SPARE tire and car jack, tire wrench, and
 jacking locations. In the event the rental  vehicle  company  elects  to
 include  the  owner's  manual  pursuant  to this section, if the owner's
 manual is not returned with the vehicle, the renter shall be  liable  to
 the  rental  vehicle  company  for  the  actual  replacement cost of the
 owner's manual plus an administrative fee.
   11. Any clause or provision of a rental  agreement  inconsistent  with
 the  provisions  of  this section shall be deemed void as against public
 policy.
   12. Any rental vehicle company found by a court of competent jurisdic-
 tion to have violated a provision of this section shall be subject to  a
 penalty of not less than five hundred dollars nor more than one thousand
 dollars for each violation.
   13. (a) Whenever there shall be a violation of this section, an appli-
 cation  may be made by the attorney general in the name of the people of
 the state of New York to a court of competent jurisdiction by a  special
 proceeding for the imposition of a fine or the issuance of an injunction
 against any violation of this section, upon notice to the rental vehicle
 company  of  not less than five days, to enjoin and restrain the contin-
 uance of such violations.
   (b) If the court finds that the defendant has, in fact, violated  this
 section,  an  injunction  may  be  issued  by  such court, enjoining and
 restraining any further violation,  without  requiring  proof  that  any
 person has, in fact, been injured or damaged thereby.
   (c)  In  any  proceeding  pursuant  to this subdivision, the court may
 direct restitution and  make  allowances  to  the  attorney  general  as
 provided in section sixty-three of the executive law.
   (d)  In  support  of any application pursuant to this subdivision, the
 attorney general is authorized to take proof, determine  relevant  facts
 and issue subpoenae in accordance with the civil practice law and rules.
   13-a.  A  rental  vehicle  company  shall not use information from any
 global positioning system technology to determine or impose  any  costs,
 fees,  charges,  or  penalties on an authorized driver for such driver's

 S. 8389                            12
 
 use of a rental vehicle. The use of global positioning technology  shall
 not  limit  the right of a rental vehicle company to impose costs, fees,
 charges, or penalties to recover a vehicle that is lost,  misplaced,  or
 stolen.  The  provisions  of  this subdivision shall not be construed to
 modify or supersede any other provision of law.
   14. An authorized driver shall provide notice to  the  rental  vehicle
 company  [or] AND law enforcement agency within twelve hours of learning
 of the theft of the rental vehicle.
   15. In accordance with any  applicable  federal  law  or  rule,  every
 rental  vehicle  company  shall  display  the following in a conspicuous
 location, with lettering that is legible and  that  shall  be  at  least
 three-quarters of an inch boldface type:
   "NOTICE:  New  York  State  Law  prohibits  the following practices by
 rental vehicle companies based upon race, color,  ethnic  origin,  reli-
 gion,  disability, sex, marital status, or age: (1) refusal to rent; (2)
 the imposition of any additional charge  (except  in  certain  instances
 where  the  renter  is under the age of 25). In addition, it is unlawful
 for any rental vehicle company to refuse to rent a vehicle to any person
 solely on the requirement of ownership of a credit card."
   16. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY NOTICE OR
 DISCLOSURE REQUIRED TO BE PROVIDED, DELIVERED, POSTED, OR OTHERWISE MADE
 AVAILABLE BY A RENTAL VEHICLE COMPANY PURSUANT  TO  THIS  SECTION  SHALL
 ALSO  BE DEEMED TIMELY AND EFFECTIVELY MADE WHERE SUCH NOTICE OR DISCLO-
 SURE IS (I) PROVIDED OR DELIVERED ELECTRONICALLY TO  THE  RENTER  AT  OR
 BEFORE  THE  TIME REQUIRED PROVIDED THAT THE RENTER HAS GIVEN HIS OR HER
 EXPRESS CONSENT TO RECEIVE SUCH NOTICE OR DISCLOSURE IN SUCH  A  MANNER,
 OR  (II)  INCLUDED IN A MEMBER OR MASTER AGREEMENT IN EFFECT AT THE TIME
 OF RENTAL. FOR THE PURPOSES OF THIS SECTION, "MEMBER  OR  MASTER  AGREE-
 MENT"  SHALL  MEAN AN AGREEMENT BETWEEN A RENTAL VEHICLE COMPANY AND THE
 RENTER, OR AN AGREEMENT BETWEEN A RENTAL  VEHICLE  COMPANY  AND  ANOTHER
 COMPANY,  WHICH  (A) PERMITS RENTERS TO BYPASS A RETAIL SERVICE LOCATION
 AND OBTAIN A PRODUCT OR SERVICE  DIRECTLY;  (B)  DOES  NOT  REQUIRE  THE
 RENTER  TO EXECUTE A RENTAL AGREEMENT AT THE TIME OF RENTAL; OR (C) DOES
 NOT REQUIRE THE RENTAL VEHICLE COMPANY TO PROVIDE THE  RENTER  WITH  THE
 RENTAL  TERMS  AND  CONDITIONS  AT  THE  TIME OF RENTAL DUE TO THE PRIOR
 EXECUTION OF THE AGREEMENT. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HERE-
 BY BE DEEMED A VALID FORM OF ACCEPTANCE OF ANY SUCH  NOTICE  OR  DISCLO-
 SURE,  AND  ACCEPTANCE SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS ACCEPT-
 ANCE IS AFFIRMATIVELY WITHDRAWN BY THE RENTER. NOTICES  AND  DISCLOSURES
 MADE  ELECTRONICALLY  PURSUANT  TO THIS SUBDIVISION SHALL BE EXEMPT FROM
 ANY PLACEMENT OR  STYLISTIC  DISPLAY  REQUIREMENTS,  INCLUDING  BUT  NOT
 LIMITED  TO  LOCATION,  FONT SIZE, TYPESET, OR OTHER SPECIFICALLY STATED
 DESCRIPTION; PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS
 MANNER.
   § 2. Section 4 of chapter 656 of the laws of 2002 amending the general
 business law relating to rental vehicle protections, as amended by chap-
 ter 82 of the laws of 2013, is amended to read as follows:
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law[; provided that all of the amendments made by this act
 shall expire and be deemed repealed June 30, 2018].
   §  3.  This  act  shall  take  effect  immediately; provided, however,
 section one of this act shall take effect on the ninetieth day after  it
 shall have become a law; provided, further, that section one of this act
 shall expire and be deemed repealed June 30, 2023.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8389--A
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably from said committee and committed to the Committee
   on Rules -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the general business law, in relation to certain rental
   vehicle protections; to amend chapter 656 of the laws of 2002 amending
   the general business law relating to rental  vehicle  protections,  in
   relation  to  making  such provisions permanent; and providing for the
   repeal of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  396-z of the general business law, as amended by
 chapter 731 of the laws of 2006, is amended to read as follows:
   § 396-z. Rental vehicle protections.  1.  For  the  purposes  of  this
 section:  (a) "Authorized driver" [shall mean]  MEANS: (i) the person to
 whom the vehicle is rented if a  licensed  driver;  (ii)  such  person's
 spouse  if licensed and at least eighteen years of age; (iii) any person
 who operates the vehicle during an  emergency  situation  to  a  medical
 facility;  or  (iv)  any  licensed driver expressly listed on the rental
 agreement as an authorized driver.
   (b) "Rental agreement" means any written agreement setting forth terms
 and conditions governing the RENTER'S OR ANY authorized driver's use  of
 a  rental  vehicle[, as defined in section one hundred thirty-seven-a of
 the vehicle and traffic law,] for a period not to exceed thirty  contin-
 uous days.
   (c)  "Rental vehicle company" means any person or organization, or any
 subsidiary or affiliate, including a  franchisee,  in  the  business  of
 providing rental vehicles to the public from locations in this state.
   (d)  "Optional  vehicle  protection"  means a rental vehicle company's
 agreement not to hold an authorized driver liable for all or part of any
 damage or loss to the rented vehicle, any loss  of  use  of  the  rented
 vehicle,  or  any storage, impound, towing or administrative charges for
 which [the] AN authorized driver may be liable. The term "optional vehi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08643-19-8

 S. 8389--A                          2
 
 cle protection" shall encompass within its meaning other  similar  terms
 that may be used by rental vehicle companies, such as but not limited to
 "Collision Damage Waiver", "CDW", "Damage Waiver", "Loss Damage Waiver",
 "LDW", and "Physical Damage Waiver".
   (e)  "Renter"  means  a  person  or  entity  that obtains the use of a
 [private passenger] RENTAL vehicle from a rental vehicle  company  under
 terms of a rental agreement.
   (f) "Consolidated facilities charge" means the allowable recovery by a
 rental  vehicle  company  from  its renters of those fees, including any
 taxes or fees paid on such fees, for the finance,  design,  construction
 and  operation  of  consolidated  airport facilities and or the finance,
 design, construction and operation of common use transportation  systems
 that  move passengers between airport terminals and [those] consolidated
 airport car rental facilities. The  aggregate  amount  to  be  collected
 shall  not  exceed  the  reasonable  costs, as determined annually by an
 independent audit paid for by the  airport  operator  or  its  governing
 entity,  to  finance, design, construct and operate those facilities and
 common use transportation systems. The consolidated  [facility]  FACILI-
 TIES  charge  shall  apply  only to vehicle rentals occurring at vehicle
 rental locations subject to the imposition of such charge by an  airport
 operator  or  its  governing  entity.  THE TERM "CONSOLIDATED FACILITIES
 CHARGE" SHALL ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT  MAY
 BE USED BY AIRPORT AUTHORITIES OR RENTAL VEHICLE COMPANIES, SUCH AS, BUT
 NOT  LIMITED  TO "CUSTOMER FACILITY CHARGE" AND "TRANSPORTATION FACILITY
 CHARGE".
   (g) "Concession recovery fee" means the allowable recovery by a rental
 vehicle company from its renters of those fees, including any  taxes  or
 fees paid on such fees, which an airport operator or its governing enti-
 ty  imposes  on a rental vehicle company's applicable revenues OR RENTAL
 TRANSACTIONS, as defined and  stated  in  a  concession  agreement  that
 authorizes  a rental vehicle company to operate at an airport located in
 this state. The concession recovery fee  shall  apply  only  to  vehicle
 rentals  occurring at vehicle rental locations subject to the imposition
 of such fee by an airport operator or its  governing  entity.  THE  TERM
 "CONCESSION RECOVERY FEE" SHALL ENCOMPASS WITHIN ITS MEANING OTHER SIMI-
 LAR  TERMS  THAT  MAY  BE  USED BY AIRPORT AUTHORITIES OR RENTAL VEHICLE
 COMPANIES, SUCH AS, BUT NOT LIMITED TO,  "CONCESSION  FEE",  "CONCESSION
 RECOVERY FEE SURCHARGE", "PRIVILEGE FEE" AND "AIRPORT ACCESS FEE".
   (h)  "Airport fees" means [the] consolidated [facility charge] FACILI-
 TIES CHARGES and/or [the] concession recovery [fee as  those  terms  are
 defined herein] FEES.
   (i)  "Concession  agreement"  means  an  agreement,  permit or license
 entered into between an airport operator or  its  governing  entity  and
 rental  vehicle  company  setting  forth  the terms and conditions under
 which the rental vehicle company may transact  its  rental  business  at
 such airport.
   (j)  "Consolidated  airport facilities" means those buildings or phys-
 ical structures, including, but not limited to, parking garages, parking
 areas and fueling systems, constructed by or on behalf  of  the  airport
 operator  or its governing entity to be jointly used by all rental vehi-
 cle companies operating at such airport pursuant to a concession  agree-
 ment.
   (K)  "RENTAL VEHICLE" MEANS A RENTAL VEHICLE AS DEFINED IN SECTION ONE
 HUNDRED THIRTY-SEVEN-A OF THE VEHICLE AND  TRAFFIC  LAW,  BUT  EXCLUDING
 MOTOR VEHICLES DESIGNED PRIMARILY FOR THE TRANSPORTATION OF PROPERTY.

 S. 8389--A                          3
 
   (L)  "MANUFACTURER'S SUGGESTED RETAIL PRICE" MEANS THE RETAIL PRICE OF
 THE MOTOR VEHICLE SUGGESTED BY THE MANUFACTURER IN ACCORDANCE  WITH  THE
 REQUIREMENTS OF FEDERAL LAW.
   2.  (a)  A  rental  vehicle  company  shall not charge more than [nine
 dollars] THE FOLLOWING AMOUNTS per  full  or  partial  twenty-four  hour
 rental  day  for  optional  vehicle  protection  [if  the manufacturer's
 suggested retail price of the rental vehicle is not greater than  thirty
 thousand  dollars.  A  rental vehicle company shall not charge more than
 twelve dollars per full or  partial  twenty-four  hour  rental  day  for
 optional vehicle protection]:
   (I)  NINE  DOLLARS if the manufacturer's suggested retail price of the
 rental vehicle is NOT greater than [thirty] TWENTY thousand dollars;
   (II) TWELVE DOLLARS IF THE MANUFACTURER'S SUGGESTED  RETAIL  PRICE  OF
 THE  RENTAL  VEHICLE  IS  GREATER  THAN  TWENTY THOUSAND DOLLARS BUT NOT
 GREATER THAN THIRTY-FIVE THOUSAND DOLLARS;
   (III) FIFTEEN DOLLARS IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE  OF
 THE  RENTAL VEHICLE IS GREATER THAN THIRTY-FIVE THOUSAND DOLLARS BUT NOT
 GREATER THAN FIFTY THOUSAND DOLLARS; AND
   (IV) THE AMOUNT THAT MAY BE CHARGED FOR A VEHICLE WITH  A  MANUFACTUR-
 ER'S SUGGESTED VALUE OF GREATER THAN FIFTY THOUSAND DOLLARS SHALL NOT BE
 SUBJECT  TO  A  MAXIMUM  DOLLAR  AMOUNT BUT SHALL BE SUBJECT TO THE FAIR
 MARKET VALUE AS DETERMINED BY THE RENTAL VEHICLE COMPANY.
   (b)  A  rental  vehicle  company  shall  not  sell  optional   vehicle
 protection  unless the [authorized driver] RENTER agrees to the purchase
 of such protection in writing at or prior to the time the rental  agree-
 ment is executed.
   (c)   A  rental  vehicle  company  shall  not  void  optional  vehicle
 protection except for one or more of the following reasons:
   (i) The damage or loss is caused intentionally or as a result of will-
 ful, wanton, or reckless conduct of the driver[.];
   (ii) The damage or loss arises out of the driver's  operation  of  the
 vehicle  while  intoxicated or UNLAWFULLY impaired by the use of alcohol
 or drugs[.];
   (iii) The rental vehicle company entered into the  rental  transaction
 based  on  fraudulent  or  materially  false information supplied by the
 renter or authorized driver[.];
   (iv) The damage or loss arises out of the use  of  the  vehicle  while
 engaged in the commission of a crime other than a traffic infraction[.];
   (v)  The  damage or loss arises out of the use of the vehicle to carry
 persons or property for hire, to push or tow anything, while engaged  in
 a speed contest, operating off road, or for driver's training[.];
   (vi)  The  damage  or  loss  arises out of the use of the vehicle by a
 person other than: (1) an authorized driver; [a duly licensed parent  or
 child  over  the  age of eighteen thereof who permanently resides in the
 same household;] (2) THE RENTER'S CHILD OVER THE AGE OF  EIGHTEEN  OR  A
 PARENT  OR  PARENT-IN-LAW  OF THE RENTER, PROVIDED SUCH CHILD, PARENT OR
 PARENT-IN-LAW IS PROPERLY  LICENSED  TO  OPERATE  A  MOTOR  VEHICLE  AND
 RESIDES  IN  THE SAME HOUSEHOLD AS THE RENTER; or (3) a parking valet or
 parking garage attendant for compensation and in the  normal  course  of
 employment[.];
   (vii)  The damage or loss arises out of the use of the vehicle outside
 of the continental United States  when  that  use  is  not  specifically
 authorized by the rental agreement[.]; OR
   (viii)  The  RENTER,  OR authorized driver [has], IF DIFFERENT, OR THE
 RENTER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW  OF
 THE  RENTER,  IF APPLICABLE, HAVE failed to comply with the requirements

 S. 8389--A                          4
 
 for reporting damage or loss as set forth in subdivision  five  of  this
 section.
   (d) A customer may void optional vehicle protection at no charge with-
 in  twenty-four  hours  of  purchase provided that the customer: (i) has
 [rented the vehicle for] ENTERED INTO A RENTAL AGREEMENT WITH A TERM  OF
 two  or  more  days, (ii) appears in person at any branch of the vehicle
 rental company together with  the  vehicle  that  shall  be  subject  to
 inspection,  and  (iii) signs a cancellation form provided by the rental
 vehicle company. AFTER TWENTY-FOUR HOURS OF  PURCHASE,  A  CUSTOMER  MAY
 PROSPECTIVELY   TERMINATE  OPTIONAL  VEHICLE  PROTECTION  AT  ANY  TIME,
 PROVIDED THE CUSTOMER: (I) APPEARS IN PERSON AT ANY BRANCH OF THE  VEHI-
 CLE  RENTAL  COMPANY  TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO
 INSPECTION; (II) VOIDS THE OPTIONAL VEHICLE PROTECTION IN  WRITING;  AND
 (III)  PAYS  THE  OPTIONAL  VEHICLE  PROTECTION  CHARGE  FOR ANY FULL OR
 PARTIAL RENTAL DAY OR PORTION OF A DAY DURING WHICH THE OPTIONAL VEHICLE
 PROTECTION WAS IN EFFECT.
   3. Subject to the provisions of subdivisions six, seven, and  nine  of
 this  section,  a  rental  vehicle company may hold an authorized driver
 liable for actual damage to, or loss  of,  a  rental  vehicle,  provided
 that:  (a) any claim for such damage shall be based on a physical survey
 and shall be made upon the return of the  rental  vehicle,  unless  SUCH
 SURVEY  IS PRECLUDED BECAUSE THE VEHICLE IS returned by automation [or],
 RETURNED after-hours [which precludes such survey], OR RECOVERED BY  THE
 RENTAL  COMPANY,  in which event, any claim must be made within ten days
 after return OR RECOVERY; and (b) any charge for repair of  such  damage
 shall  be  limited  to actual and reasonable costs and shall be assessed
 and billed separately and apart from the rental agreement. For  purposes
 of  this  subdivision, "returned by automation" means a return [acknowl-
 edged by machine receipt and] where there is no interaction with  rental
 vehicle company personnel; and "after-hours" return means a return after
 normal  business  hours and in which the keys [and rental agreement] are
 [deposited in] RETURNED TO the rental vehicle  company  [office]  VIA  A
 DROP BOX OR OTHER PROCESS OFFERED BY THE RENTAL VEHICLE COMPANY.
   4. (a) Any rental vehicle company which states or permits to be stated
 the  rental  costs  of a rental vehicle in any advertisement shall state
 conspicuously, in plain language and in conjunction with the  advertised
 rental  cost  of  the vehicle, the daily rate of the applicable optional
 vehicle protection, that the rate constitutes an additional daily charge
 to the renter, that the purchase of such  protection  is  optional,  and
 that  prospective  renters  should examine their credit card protections
 and automobile insurance policies for rental vehicle coverage.
   (b) Where a written advertisement, including all print media, contains
 the statement of the rental cost of the vehicle, the disclosure required
 by this section shall be printed in type no less than ten point type.
   (c) When THE WEBSITE OF A RENTAL VEHICLE COMPANY OR the video  presen-
 tation  of  a television or internet advertisement by the rental vehicle
 company contains the written statement of the rental cost of a  vehicle,
 the  depiction  of  the cost of the optional vehicle protection shall be
 clear and conspicuous.
   (d) When a radio advertisement or the audio presentation  of  a  tele-
 vision  advertisement  contains  the statement of the rental cost of the
 motor vehicle, the oral statement of the rental cost  shall  immediately
 be  accompanied by an oral statement of the cost of the optional vehicle
 protection.
   (e) When a telephone, INTERNET OR OTHER inquiry for the rental cost of
 a vehicle is made to a rental vehicle company  WHICH INVOLVES AN  INTER-

 S. 8389--A                          5
 
 ACTION  WITH A REPRESENTATIVE OF A RENTAL VEHICLE COMPANY, the represen-
 tative of the rental vehicle company shall,  in  response  to  [an]  THE
 inquiry  [by  the caller], ADVISE THAT ADDITIONAL OPTIONAL PRODUCTS THAT
 MAY  BE  OFFERED  BY  THE RENTAL VEHICLE COMPANY ARE NOT INCLUDED IN THE
 DAILY RENTAL RATE.  IF AN INQUIRY IS  MADE  REGARDING  OPTIONAL  VEHICLE
 PROTECTION,  THE  REPRESENTATIVE  SHALL provide the cost of the optional
 vehicle protection and state that the purchase  of  such  protection  is
 optional  and  that the renter's personal automobile insurance or credit
 card may provide coverage.
   (f) Any rental vehicle company that offers optional vehicle protection
 to [an authorized driver]  A  RENTER  shall  [inform]  DISCLOSE  TO  the
 [authorized  driver  in  posted  signs or in pamphlets, written in plain
 language, of all of the information required to  be  disclosed  by  this
 section. The requirements of this paragraph shall be deemed to be satis-
 fied  if  the  rental  vehicle  company places the] RENTER THE FOLLOWING
 INFORMATION ON posted signs or pamphlets prominently  and  conspicuously
 DISPLAYED where they may be easily seen or reached by customers:
                                 "NOTICES
 
   THE FOLLOWING IS A GENERAL SUMMARY OF RENTER'S RIGHTS AND OBLIGATIONS.
 FOR COMPLETE DETAILS, REFER TO THE RENTAL AGREEMENT.
   OPTIONAL  VEHICLE PROTECTION (OVP): THIS CONTRACT OFFERS, FOR AN ADDI-
 TIONAL CHARGE, OVP TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE  OR
 LOSS  TO  THE  RENTAL  VEHICLE.  OVP  IS  ALSO COMMONLY REFERRED TO AS A
 "COLLISION DAMAGE WAIVER".  THE PURCHASE OF OVP IS OPTIONAL AND  MAY  BE
 DECLINED.    BEFORE  DECIDING  WHETHER  TO PURCHASE OVP, YOU MAY WISH TO
 DETERMINE WHETHER YOUR CREDIT CARD, OR THE VEHICLE INSURANCE  MAINTAINED
 BY  YOURSELF  OR SOMEONE IN YOUR HOUSEHOLD, AFFORDS YOU ANY COVERAGE FOR
 DAMAGE TO THE RENTAL VEHICLE, AND THE AMOUNT  OF  DEDUCTIBLE  UNDER  ANY
 SUCH COVERAGE.
   OVP  -  WHEN  VOID:  OVP  IS VOID AND SHALL NOT APPLY TO THE FOLLOWING
 SITUATIONS:
   1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT OF THE DRIVER'S  INTEN-
 TIONAL  ACTS;  WILLFUL,  WANTON,  OR  RECKLESS CONDUCT OF THE DRIVER; OR
 OPERATION OF THE VEHICLE WHILE INTOXICATED OR UNLAWFULLY IMPAIRED BY THE
 USE OF ALCOHOL OR DRUGS;
   2. THE RENTAL VEHICLE COMPANY  ENTERED  INTO  THE  RENTAL  TRANSACTION
 BASED  ON  FRAUDULENT  OR  MATERIALLY  FALSE INFORMATION SUPPLIED BY THE
 RENTER OR AUTHORIZED DRIVER;
   3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE RENTAL VEHICLE:
   (A) WHILE ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN  A  TRAFFIC
 INFRACTION;
   (B)  TO  CARRY  PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING,
 WHILE ENGAGED IN A SPEED CONTEST, OPERATING OFF ROAD,  OR  FOR  DRIVER'S
 TRAINING;
   (C) BY A PERSON OTHER THAN: (1) AN AUTHORIZED DRIVER; (2) THE RENTER'S
 CHILD  OVER  THE  AGE  OF  EIGHTEEN  OR A PARENT OR PARENT-IN-LAW OF THE
 RENTER,  PROVIDED  SUCH  CHILD,  PARENT  OR  PARENT-IN-LAW  IS  PROPERLY
 LICENSED TO OPERATE A MOTOR VEHICLE AND RESIDES IN THE SAME HOUSEHOLD AS
 THE  RENTER;  OR  (3)  A  PARKING  VALET OR PARKING GARAGE ATTENDANT FOR
 COMPENSATION AND IN THE NORMAL COURSE OF EMPLOYMENT;
   (D) OUTSIDE OF THE CONTINENTAL UNITED  STATES  WHEN  NOT  SPECIFICALLY
 AUTHORIZED BY THE RENTAL AGREEMENT;
   (E)  WHERE  THE  RENTER  OR  AUTHORIZED  DRIVER,  IF DIFFERENT, OR THE
 RENTER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW  OF

 S. 8389--A                          6

 THE  RENTER,  IF  APPLICABLE, FAILED TO COMPLY WITH THE REQUIREMENTS FOR
 REPORTING DAMAGE OR LOSS AS SET FORTH IN LAW.
   OVP  -  DAMAGE  REPORTING REQUIREMENTS: IF THE RENTAL VEHICLE SUSTAINS
 DAMAGE OR LOSS, THE RENTER AND OTHER AUTHORIZED DRIVER,  AS  APPLICABLE,
 ARE  REQUIRED  TO  COMPLETE  AND RETURN AN INCIDENT REPORT NOTICE TO THE
 RENTAL VEHICLE COMPANY.  AN AUTHORIZED DRIVER OTHER THAN THE  RENTER  IS
 ONLY  REQUIRED  TO  COMPLETE AND RETURN AN INCIDENT REPORT NOTICE TO THE
 RENTAL VEHICLE COMPANY IF SUCH AUTHORIZED DRIVER WAS OPERATING THE VEHI-
 CLE WHEN THE INCIDENT OCCURRED.
   OVP - RIGHT TO INSPECT VEHICLE DAMAGES: THE RENTER AND HIS/HER INSURER
 HAVE THE RIGHT TO REQUEST AN INSPECTION OF THE  VEHICLE  DAMAGES  WITHIN
 SEVENTY-TWO HOURS OF THE RETURN OF THE VEHICLE. FAILURE OF THE RENTER OR
 HIS/HER  INSURER  TO  REQUEST  AN INSPECTION WITHIN SEVENTY-TWO HOURS OF
 RETURN SHALL BE DEEMED A WAIVER OF SUCH  PERSON  OR  ENTITY'S  RIGHT  TO
 INSPECT THE DAMAGED VEHICLE.
   THEFT  OF  THE  RENTAL VEHICLE: IF THE RENTAL VEHICLE IS STOLEN DURING
 THE TERM OF A RENTAL AGREEMENT, AN AUTHORIZED  DRIVER  MUST  REPORT  THE
 THEFT  OF  THE  RENTAL  VEHICLE  TO THE RENTAL VEHICLE COMPANY AND A LAW
 ENFORCEMENT AGENCY WITHIN TWELVE HOURS OF LEARNING OF SUCH THEFT."
   (g) The following disclosure notice shall be made on the face  of  the
 rental  agreement  either  by  stamp,  label  or  as part of the written
 contract or on any other written document provided  to  the  [authorized
 driver  at  the time such driver takes possession of the vehicle] RENTER
 UPON EXECUTION OF SUCH CONTRACT, AND shall be set apart in boldface type
 and in no smaller print than ten point type UNTIL SIX MONTHS  AFTER  THE
 EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN THAT
 AMENDED THIS SECTION, WHEN UPON SUCH DATE SUCH NOTICE  SHALL  BE  IN  NO
 SMALLER PRINT THAN TWELVE POINT TYPE:
   "NOTICE:  This  contract  offers,  for  an additional charge, optional
 vehicle protection to cover your financial responsibility for damage  or
 loss  to the rental vehicle. The purchase of optional vehicle protection
 is optional and may be declined. You are advised to  carefully  consider
 whether to purchase this protection if you have rental vehicle collision
 coverage  provided  by  your credit card or automobile insurance policy.
 Before deciding whether to purchase optional vehicle protection, you may
 wish to determine whether your credit card  or  your  vehicle  insurance
 affords  you coverage for damage to the rental vehicle and the amount of
 deductible under such coverage."
   (h) The contract shall also include in boldface type and in no smaller
 print than ten point type UNTIL SIX MONTHS AFTER THE EFFECTIVE  DATE  OF
 THE  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND EIGHTEEN THAT AMENDED THIS
 SECTION, WHEN UPON SUCH DATE SUCH NOTICE SHALL BE IN  NO  SMALLER  PRINT
 THAN  TWELVE POINT TYPE AND, in plain language, [any other conditions or
 exclusions applicable to the optional  vehicle  protection.  The  rental
 vehicle  company]  THE  CONDITIONS AND EXCLUSIONS SET FORTH IN PARAGRAPH
 (C) OF SUBDIVISION TWO OF  THIS  SECTION.  UPON  IDENTIFICATION  BY  THE
 RENTAL  VEHICLE  COMPANY  OF  DAMAGE  TO THE RENTAL VEHICLE, SUCH RENTAL
 VEHICLE COMPANY shall [also] inform the [authorized  driver]  RENTER  of
 his  or  her  right  to inspect the vehicle, AND THE PROCEDURES AND TIME
 FRAMES FOR DOING SO, pursuant to [paragraph] PARAGRAPHS (B) AND  (c)  of
 subdivision five of this section.
   5.  (a) Upon IDENTIFICATION OF DAMAGE BY THE RENTAL VEHICLE COMPANY AT
 THE return of the vehicle, termination of the rental contract, or within
 ten days if A SURVEY FOR DAMAGE IS  PRECLUDED  BECAUSE  THE  VEHICLE  IS
 returned  by  automation [or], RETURNED after-hours, OR RECOVERED BY THE
 RENTAL VEHICLE COMPANY, the rental  vehicle  company  shall  furnish  an

 S. 8389--A                          7
 
 incident  report  form  and a notice, pursuant to this paragraph, of the
 [authorized driver's] obligation OF  THE  RENTER  AND  OTHER  AUTHORIZED
 DRIVER,  IF  APPLICABLE,  to  execute  and  return to the rental vehicle
 company  a complete and accurate incident report describing any physical
 and/or mechanical damage. AN AUTHORIZED DRIVER  OTHER  THAN  THE  RENTER
 SHALL  BE  REQUIRED TO EXECUTE AND RETURN SUCH INCIDENT REPORT FORM ONLY
 IF SUCH AUTHORIZED DRIVER WAS OPERATING THE VEHICLE  WHEN  THE  INCIDENT
 OCCURRED.  If  the  vehicle  is  returned  by  automation [or], RETURNED
 after-hours, OR RECOVERED BY THE RENTAL VEHICLE COMPANY,  such  incident
 report  form and notice shall be mailed by overnight delivery service or
 certified mail, return receipt  requested,  and  another  copy  of  such
 notification  shall  be sent by regular mail. The rental vehicle company
 shall retain for six years a copy of such notice and the certified  mail
 return receipt.
   (b)  [Upon  return of the vehicle, or within] WITHIN seventy-two hours
 [if the return is by automation or after-hours, the  authorized  driver]
 OF  RECEIPT OF THE INCIDENT REPORT FORM AND NOTICE, EITHER THE RENTER or
 his or her insurer must notify OR SEND  NOTICE  TO  the  rental  vehicle
 company  that  [they  wish]  EITHER  HE,  SHE,  OR THE INSURER WISHES to
 inspect the damaged vehicle. [The inspection must  be  completed  within
 seven  days of the return date of the vehicle.] If the [authorized driv-
 er] RENTER or his or her insurer does not NOTIFY OR SEND A  request  FOR
 this  inspection  within  the  seventy-two  hour period, [the authorized
 driver or his or her] HE, SHE, OR THE insurer will  be  deemed  to  have
 waived this right.
   (c)  If  the  RENTER  OR  OTHER authorized driver declines or fails to
 complete and return the incident report required pursuant  to  paragraph
 (a)  of  this  subdivision,  the rental vehicle company shall, no sooner
 than [twenty] TEN days after the mailing  of  notification  pursuant  to
 such  paragraph  (a),  mail another copy of the incident report together
 with a letter stating that the RENTER OR  OTHER  authorized  driver  has
 declined or otherwise failed to complete and return the incident report.
 Such  mailing  shall be by overnight delivery service or certified mail,
 return receipt requested, and another copy of such notification by regu-
 lar mail, with proof of mailing by production of a certificate of  mail-
 ing  from  the  post  office. [Within seventy-two hours of return of the
 vehicle, the authorized driver or his or her  insurer  must  notify  the
 rental  vehicle  company  that  he  or she wishes to inspect the damaged
 vehicle. The inspection must be  completed  within  seven  days  of  the
 return  date  of  the  vehicle.  If  the authorized driver or his or her
 insurer does not request this inspection  within  the  seventy-two  hour
 period,  the  authorized  driver or his or her insurer will be deemed to
 have waived this right.] WHEN A REQUEST TO INSPECT THE VEHICLE HAS  BEEN
 TIMELY  MADE BY THE RENTER OR HIS OR HER INSURER, THE INSPECTION MUST BE
 COMPLETED WITHIN SEVEN DAYS OF  SUCH  REQUEST.  If  the  rental  vehicle
 company determines the damaged vehicle to be a total loss and subject to
 salvage,  such seventy-two hour period for notification or waiver of the
 wish to inspect the damaged vehicle shall not apply, and the [authorized
 driver] RENTER or his or her insurer shall have ten business  days  from
 the  [authorized  driver's]  RENTER'S  receipt  of notification from the
 rental vehicle company pursuant to paragraph (a) of this subdivision  to
 inspect the damaged vehicle, unless the rental vehicle company agrees to
 provide  access  to  such  damaged  vehicle beyond the ten business days
 provided herein. Within the  limits  provided  in  this  paragraph,  the
 rental  vehicle  company  shall  identify  the  repairer of, and provide

 S. 8389--A                          8
 
 access to, the damaged vehicle, in order to verify the nature and extent
 of damages, repairs and repair costs, and/or repair estimates.
   (d)  All  notices shall be mailed to the [authorized driver's] address
 OF THE RENTER AND OTHER AUTHORIZED DRIVER, IF APPLICABLE, as  stated  on
 his  or her license, or other address as designated by him or her ON THE
 RENTAL AGREEMENT.
   (e) The RENTER AND  OTHER  authorized  driver,  IF  APPLICABLE,  shall
 complete  and  return the incident report within ten days of the receipt
 of the notice.
   (f) The notice required by this  subdivision  shall  be  in  at  least
 twelve point bold face type and shall contain the statement: "Failure to
 completely  and accurately fill out and return an incident report within
 ten days of receipt of this notice may make the RENTER OR OTHER  author-
 ized  driver  liable for damages sustained to the rental vehicle. Except
 where the damaged vehicle is determined to be a total loss  and  subject
 to  salvage,  the  [authorized  driver] RENTER or his or her insurer has
 seventy-two hours from the return OR RECOVERY of the vehicle  to  notify
 the  rental vehicle company that he or she wishes to inspect the damaged
 vehicle. The inspection must be completed within seven business days  of
 the  [return date of the vehicle] REQUEST TO INSPECT THE VEHICLE. If the
 [authorized driver or his or her insurer does not request  this]  RENTAL
 VEHICLE  COMPANY DOES NOT RECEIVE NOTIFICATION FROM THE RENTER OR HIS OR
 HER INSURER REQUESTING SUCH inspection within the seventy-two hour peri-
 od, the [authorized driver or] RENTER AND his or  her  insurer  will  be
 deemed  to  have waived this right. If the rental vehicle company deter-
 mines the damaged vehicle to be a total loss  and  subject  to  salvage,
 such  seventy-two  hour period for notification or waiver of the wish to
 inspect the damaged vehicle shall not apply, and such right  to  inspect
 the  damaged vehicle shall expire ten business days from the [authorized
 driver's] RENTER'S receipt of this notice from the rental vehicle compa-
 ny [at the return of the vehicle or receipt of the first mailing of this
 notice in the event of return of the  vehicle  by  automation  or  after
 hours].  Upon  request  of  the [authorized driver] RENTER or his or her
 insurer, we will provide a copy of [our] THE  PROFESSIONAL  estimate  of
 the  costs of repairing the damaged motor vehicle."  INFORMATION THAT IS
 PROVIDED IN RESPONSE TO A REQUEST BY A RENTAL VEHICLE COMPANY, BUT  THAT
 IS  NOT PROVIDED ON AN INCIDENT REPORT FORM, SHALL SATISFY ANY REPORTING
 OBLIGATION OF A RENTER OR AUTHORIZED DRIVER IF  SUCH  RESPONSE  SUBSTAN-
 TIALLY  COMPLIES  WITH  THE  APPLICABLE REQUIREMENTS OF THIS SECTION. IF
 ADDITIONAL INFORMATION IS REASONABLY  REQUIRED  BY  THE  RENTAL  VEHICLE
 COMPANY IN ORDER TO ADJUST ANY CLAIM OF LOSS, SAME SHALL BE REQUESTED OF
 THE  RENTER  OR AUTHORIZED DRIVER AS SOON AS REASONABLY PRACTICABLE, WHO
 SHALL RESPOND TO SAME AS SOON AS REASONABLY PRACTICABLE.
   (g) (I) For purposes of this subdivision, EACH OF THE FOLLOWING  SHALL
 CONSTITUTE  an "incident report FORM" [shall be defined as]: (A) a motor
 vehicle accident report pursuant to section  six  hundred  five  of  the
 vehicle  and  traffic law; or (B) any similar appropriate form furnished
 by the rental vehicle company.
   (II) AN INCIDENT REPORT FORM DESCRIBED IN CLAUSE (B)  OF  SUBPARAGRAPH
 (I) OF THIS PARAGRAPH:
   (A)  MAY  BE  SENT  OR  GIVEN TO A RENTER AND/OR AUTHORIZED DRIVER, AS
 APPLICABLE, WITH A REQUEST THAT  THE  RENTER  AND/OR  AUTHORIZED  DRIVER
 PROVIDE  INFORMATION  PURSUANT  TO  THIS  SECTION CONCERNING DAMAGE TO A
 VEHICLE RENTED TO THE RENTER OR OPERATED BY AN AUTHORIZED DRIVER, AS THE
 CASE MAY BE; AND

 S. 8389--A                          9
 
   (B) SUCH A FORM MAY ALSO BE MADE AVAILABLE AS A FILL-IN  FORM  ON  THE
 RENTAL  VEHICLE  COMPANY'S WEBSITE, AND THE RENTER OR AUTHORIZED DRIVER,
 AS THE CASE MAY BE, SHALL BE ADVISED OF THE AVAILABILITY  OF  SUCH  WEB-
 BASED FILL-IN FORM WHEN A REQUEST FOR INCIDENT INFORMATION IS MADE UNDER
 THIS SUBDIVISION.
   (h)  Provided,  however,  if  the RENTER OR OTHER authorized driver is
 physically incapable of completing the report, the requirements of  this
 subdivision  shall  lapse  until after he or she is able to complete the
 report and is notified that he or  she  must  complete  and  return  the
 report as required by paragraph (b) of this subdivision.
   (i) Provided, further, THE RENTAL VEHICLE COMPANY MUST, AT LEAST twen-
 ty  days  prior  to commencing an action against the [authorized driver,
 the rental vehicle company must prove] RENTER OR OTHER AUTHORIZED  DRIV-
 ER,  IF  APPLICABLE, PROVIDE the [authorized driver had] RENTER OR OTHER
 AUTHORIZED DRIVER, IF APPLICABLE, an additional opportunity to [provide]
 COMPLETE AND SUBMIT the incident report by providing  a  second  notice,
 along  with  another  incident  report  FORM,  by certified mail, return
 receipt requested, and another copy of such notice and  report  FORM  by
 regular  mail,  with  proof of mailing by production of a certificate of
 mailing[; and if]. IF the [authorized driver provides] RENTER  OR  OTHER
 AUTHORIZED  DRIVER,  AS  APPLICABLE,  SENDS  the  rental vehicle company
 [with] a completed incident report within fifteen days of the receipt of
 the notice, the provisions of this subdivision shall  be  deemed  satis-
 fied.
   6.  (a)  A rental vehicle company may hold an authorized driver liable
 to the extent permitted under this chapter for  physical  or  mechanical
 damage  to  the  rental  vehicle  that occurs during the time the rental
 vehicle is under  the  rental  agreement;  provided,  however,  that  [a
 renter]  AN AUTHORIZED DRIVER shall not be liable for [mechanical damage
 unrelated to an accident, nor for] any normal wear and tear  or  [other]
 mechanical  damage  that could reasonably be expected from normal use of
 the vehicle[, except in instances where abuse or neglect by  the  driver
 is  shown].  For the purposes of this subdivision, THE TERM "NORMAL WEAR
 AND TEAR" SHALL MEAN THE DETERIORATION OF THE CONDITION OF  THE  VEHICLE
 OR ITS COMPONENT PARTS DUE TO REPETITIVE USE AND DOES NOT INCLUDE DAMAGE
 THAT  MATERIALLY  DIMINISHES  THE VALUE OF THE VEHICLE AND ARISES FROM A
 SPECIFIC OCCURRENCE OR ACCIDENT DURING THE TIME THE  RENTAL  VEHICLE  IS
 SUBJECT  TO  THE  RENTAL  AGREEMENT; AND THE TERM "actual and reasonable
 costs" shall mean the [repair price reduced by all discounts paid by the
 rental vehicle company to the repairer of the vehicle,  including]  COST
 TO  REPAIR  THE  VEHICLE  INCLUDING  ALL DISCOUNTS AND PRICE ADJUSTMENTS
 AVAILABLE TO THE RENTAL VEHICLE COMPANY  AND  SHALL  INCLUDE  costs  for
 towing, storage, and impound fees WHERE APPLICABLE.
   (b) The total liability of an authorized driver under paragraph (a) of
 this  subdivision  for  damage  to  a motor vehicle shall not exceed the
 lesser of:
   (i) the actual and reasonable costs that the  rental  vehicle  company
 incurred  to repair the motor vehicle or that the rental vehicle company
 would have incurred if the motor vehicle had been repaired, which  shall
 reflect any discounts, price reductions, or adjustments available to the
 rental vehicle company; or
   (ii) the fair market value of the motor vehicle immediately before the
 damage  occurred,  as determined in the applicable market for the retail
 sale of the motor vehicle, less any net disposal proceeds.
   (c) The total liability of an authorized driver under paragraph (a) of
 this subdivision for loss of a motor vehicle shall not exceed reasonable

 S. 8389--A                         10
 
 costs incurred by the rental vehicle company for the loss due  to  theft
 of  the rental vehicle up to its fair market value, as determined by the
 applicable market for the retail sale of that vehicle if  it  is  estab-
 lished  that  an authorized driver failed to exercise reasonable care or
 that an authorized driver committed, or aided or abetted in the  commis-
 sion of, the theft of the rental motor vehicle.
   (d)  Damages  incurred by rental vehicle companies for the loss of use
 of a rental vehicle and related administrative fees shall not be  recov-
 ered  [from authorized drivers] FROM ANY AUTHORIZED DRIVER OR HIS OR HER
 INSURER.
   (e) A rental vehicle company  shall  not  hold  an  authorized  driver
 liable for any amounts that the rental vehicle company recovers from any
 other party.
   (f)  A  rental vehicle company shall not collect or attempt to collect
 the amount described in paragraph (b) of  this  subdivision  unless  the
 rental vehicle company:
   (i)  obtains  an estimate from a repair company or an appraiser in the
 business of providing such appraisals on the cost of repairing the motor
 vehicle;
   (ii) provides a copy of the estimate and  photographic  evidence  upon
 request  to  the  RENTER  OR authorized driver, AS APPLICABLE who may be
 liable under paragraph (a) of this subdivision, [or] AND the insurer  of
 [the authorized driver] SUCH RENTER OR AUTHORIZED DRIVER, AS APPLICABLE;
 and
   (iii)  submits  a  copy  of the estimate with any claim to collect the
 amount described in paragraph (b) of this subdivision.
   (g) A claim against an authorized driver resulting from damage or loss
 to a rental vehicle shall be  reasonable  and  [rationally  related  to]
 REFLECT  THE VALUE OF the actual loss incurred. A rental vehicle company
 shall mitigate damages where possible and shall not  assert  or  collect
 any  claim for physical damage which exceeds the amount authorized under
 paragraph (b) of this subdivision.
   (h) If insurance coverage exists under [the]  AN  authorized  driver's
 applicable  insurance  policy,  [the] SUCH authorized driver may require
 that the rental vehicle company submit any claims to [the] SUCH  author-
 ized driver's insurance carrier. Upon the request of an authorized driv-
 er,  the  rental  vehicle  company shall submit any claims to [the] SUCH
 authorized driver's insurance carrier and shall not make any written  or
 oral  representations  to the contrary, nor shall it make any written or
 oral representations that it will not negotiate with [the] SUCH  author-
 ized driver's insurance carrier.
   7. (a) No rental vehicle company shall [require] COLLECT OR CHARGE any
 security, deposit, or [charge] PAYMENT for damage in any form, by credit
 card,  DEBIT  CARD  or  otherwise,  OR  REPORT  THE DEBT TO ANY CONSUMER
 REPORTING AGENCY, AS DEFINED IN SUBDIVISION (E) OF SECTION THREE HUNDRED
 EIGHTY-A OF THIS CHAPTER, during the term of the rental agreement  [or],
 pending  resolution  of any dispute, OR PRIOR TO OBTAINING JUDGMENT IN A
 COURT OF COMPETENT JURISDICTION.
   (b) No rental vehicle company shall require a deposit  or  an  advance
 charge against the credit card OR DEBIT CARD of an authorized driver, in
 any  form,  for  damages  to a rental vehicle which is in the authorized
 driver's possession or control.
   (c) No rental vehicle company shall [require] COLLECT  OR  CHARGE  any
 payment  [to  the]  FROM  AN  AUTHORIZED DRIVER FOR DAMAGE TO THE rental
 vehicle [company,] upon [the authorized driver's] return OR RECOVERY  of
 the  vehicle  in a damaged condition, until after the cost of the damage

 S. 8389--A                         11
 
 to the vehicle and liability therefor is agreed to  between  the  rental
 vehicle company and [the] AN authorized driver OR HIS OR HER INSURER, or
 is  determined pursuant to law OR RENTAL AGREEMENT PROVISIONS CONSISTENT
 WITH  LAW  AND  THE  RIGHTS  AND  OBLIGATIONS SET FORTH IN THIS SECTION;
 provided, however, that a rental vehicle company is not  precluded  from
 presenting  a claim to [the] AN authorized driver AND HIS OR HER INSURER
 pursuant to other provisions of this section.
   (d) Causes of action concerning the existence of, liability  for,  and
 extent  and  cost  of damage to the vehicle shall, where appropriate, be
 commenced by a rental vehicle company  in  a  [commercial  claims  part]
 COURT  OF COMPETENT JURISDICTION, in accordance with the limitations and
 jurisdiction of the appropriate court  act  PROVIDED  THE  CLAIMANT  HAS
 FIRST MAILED A DEMAND LETTER. A DEMAND LETTER SENT BY THE RENTAL VEHICLE
 COMPANY  PURSUANT TO THIS PARAGRAPH SHALL CONTAIN: (I) THE NAME AND POST
 OFFICE ADDRESS OF THE RENTAL VEHICLE COMPANY, AND OF  ITS  ATTORNEY,  IF
 ANY;  (II) THE NATURE OF THE CLAIM; (III) THE TIME WHEN, THE PLACE WHERE
 AND THE MANNER IN WHICH THE CLAIM AROSE, IF KNOWN, OR IF NOT KNOWN,  THE
 TIME  WHEN AND PLACE WHERE THE DAMAGE WAS DISCOVERED BY THE RENTAL VEHI-
 CLE COMPANY; AND (IV) THE ITEMS OF DAMAGE OR INJURIES  CLAIMED  TO  HAVE
 BEEN  SUSTAINED, ACCOMPANIED BY SUPPORTING DOCUMENTATION, SUCH AS REPAIR
 BILLS, INVOICES AND ESTIMATES IN THE POSSESSION OF OR AVAILABLE  TO  THE
 RENTAL  VEHICLE  COMPANY.  SUCH  DEMAND  LETTER SHALL BE SERVED UPON THE
 RENTER AND THE RENTER'S INSURER IN A MANNER REASONABLY DESIGNED TO  GIVE
 ACTUAL NOTICE, VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
 NOTHING  CONTAINED HEREIN SHALL PROHIBIT A RENTAL VEHICLE COMPANY AND AN
 AUTHORIZED DRIVER OR HIS OR HER INSURER FROM ENTERING INTO AN  AGREEMENT
 AFTER A CLAIM OF LOSS TO SUBMIT THE MATTER TO ARBITRATION OR MEDIATION.
   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] THE  RENTER
 must pay to obtain a rental vehicle. Provided, however, a rental vehicle
 company  shall  be permitted to separately quote and charge airport fees
 as defined herein, 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.
   8-A.  IT SHALL BE UNLAWFUL FOR ANY RENTAL VEHICLE COMPANY TO ENGAGE IN
 ANY OF THE FOLLOWING PRACTICES SOLELY ON THE BASIS OF  THE  GEOGRAPHICAL
 LOCATION  OF  THE  RESIDENCE  OF A NEW YORK STATE RESIDENT ATTEMPTING TO
 ENTER INTO A RENTAL AGREEMENT:
   (A) REFUSING TO RENT A VEHICLE;
   (B) IMPOSING ANY ADDITIONAL CHARGE FOR THE RENTAL OF A MOTOR  VEHICLE;
 OR
   (C)  IMPOSING  ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
 RENTAL OF A VEHICLE.
   9. No rental vehicle company shall hold any authorized  driver  liable
 for  any  damage  to,  or loss of, a rental vehicle, as provided by this
 section, unless the rental vehicle company prominently discloses, on the
 rental agreement, in at least ten point bold face  display,  the  nature
 and  extent  of such liability and such driver's rights and responsibil-
 ities [under] PURSUANT TO PARAGRAPH  (C)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION AND PARAGRAPH (G) OF SUBDIVISION FOUR OF this section.
   10.  (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

 S. 8389--A                         12
 
 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.
   (b)  In  addition  to the rental rate, taxes, applicable airport fees,
 and mileage charge, if any, a rental vehicle company may charge  for  an
 item  or  service provided in connection with a particular rental trans-
 action 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.
   (c) A rental vehicle company shall make available detachable or remov-
 able  seats  which  meet  the requirements of subdivision one of section
 twelve hundred twenty-nine-c of the vehicle and traffic law.
   (d) Fees for additional authorized drivers shall  not  exceed  [three]
 FIVE dollars per additional driver per rental day.
   (e)  A  rental  vehicle company shall furnish with each rental vehicle
 pursuant to an agreement either an owner's manual  or  a  diagram  which
 shall  indicate the location and plain language description of the func-
 tions necessary for the safe and  efficient  operation  of  the  vehicle
 which shall at a minimum include:
   (i) Headlights;
   (ii) Brakes and emergency brake;
   (iii) Turn signal indicators;
   (iv) Hazard lights;
   (v) Windshield wipers and washers;
   (vi) Horn;
   (vii) Cruise control;
   (viii) Heat control system including defrost systems;
   (ix) Car locking systems; and
   (x)  Spare  tire  and car jack, tire wrench, and jacking locations, IF
 AND TO THE EXTENT THAT SUCH ITEMS WERE EITHER INCLUDED WITH THE  INITIAL
 SALE  OF  THE VEHICLE WHEN NEW, OR SUCH ITEMS WERE GENERALLY INCLUDED IN
 NEW VEHICLES OF SUCH YEAR, MAKE, MODEL AND STYLE WHEN INITIALLY SOLD  AT
 RETAIL.  In  the  event the rental vehicle company elects to include the
 owner's manual pursuant to this section, if the owner's  manual  is  not
 returned  with  the  vehicle,  the  renter shall be liable to the rental
 vehicle company for the actual replacement cost of  the  owner's  manual
 plus an administrative fee.
   11.  Any  clause  or provision of a rental agreement inconsistent with
 the provisions of this section shall be deemed void  as  against  public
 policy.
   12. Any rental vehicle company found by a court of competent jurisdic-
 tion  to have violated a provision of this section shall be subject to a
 penalty of not less than five hundred dollars nor more than one thousand
 dollars for each violation.
   13. (a) Whenever there shall be a violation of this section, an appli-
 cation may be made by the attorney general in the name of the people  of
 the  state of New York to a court of competent jurisdiction by a special
 proceeding for the imposition of a fine or the issuance of an injunction
 against any violation of this section, upon notice to the rental vehicle
 company of not less than five days, to enjoin and restrain  the  contin-
 uance of such violations.

 S. 8389--A                         13
 
   (b)  If the court finds that the defendant has, in fact, violated this
 section, an injunction may  be  issued  by  such  court,  enjoining  and
 restraining  any  further  violation,  without  requiring proof that any
 person has, in fact, been injured or damaged thereby.
   (c)  In  any  proceeding  pursuant  to this subdivision, the court may
 direct restitution and  make  allowances  to  the  attorney  general  as
 provided in section sixty-three of the executive law.
   (d)  In  support  of any application pursuant to this subdivision, the
 attorney general is authorized to take proof, determine  relevant  facts
 and issue subpoenae in accordance with the civil practice law and rules.
   13-a.  A  rental  vehicle  company  shall not use information from any
 global positioning system technology to determine or impose  any  costs,
 fees,  charges,  or  penalties on an authorized driver for such driver's
 use of a rental vehicle. The use of global positioning technology  shall
 not  limit  the right of a rental vehicle company to impose costs, fees,
 charges, or penalties to recover a vehicle that is lost,  misplaced,  or
 stolen.  The  provisions  of  this subdivision shall not be construed to
 modify or supersede any other provision of law.
   14. An authorized driver shall provide notice to  the  rental  vehicle
 company  [or] AND law enforcement agency within twelve hours of learning
 of the theft of the rental vehicle.
   15. In accordance with any  applicable  federal  law  or  rule,  every
 rental  vehicle  company  shall  display  the following in a conspicuous
 location, with lettering that is legible and  that  shall  be  at  least
 three-quarters of an inch boldface type:
   "NOTICE:  New  York  State  Law  prohibits  the following practices by
 rental vehicle companies based upon race, color,  ethnic  origin,  reli-
 gion,  disability, sex, marital status, or age: (1) refusal to rent; (2)
 the imposition of any additional charge  (except  in  certain  instances
 where  the  renter  is under the age of 25). In addition, it is unlawful
 for any rental vehicle company to refuse to rent a vehicle to any person
 solely on the requirement of ownership of a credit card."
   16. (A) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SECTION,  ANY
 NOTICE  OR  DISCLOSURE OF GENERAL APPLICABILITY REQUIRED TO BE PROVIDED,
 DELIVERED, POSTED, OR OTHERWISE  MADE  AVAILABLE  BY  A  RENTAL  VEHICLE
 COMPANY  PURSUANT TO THIS SECTION SHALL ALSO BE DEEMED TIMELY AND EFFEC-
 TIVELY MADE WHERE SUCH NOTICE OR DISCLOSURE IS (I) PROVIDED OR DELIVERED
 ELECTRONICALLY TO THE RENTER AT OR BEFORE  THE  TIME  REQUIRED  PROVIDED
 THAT  SUCH RENTER HAS GIVEN HIS OR HER EXPRESSED CONSENT TO RECEIVE SUCH
 NOTICE OR DISCLOSURE IN SUCH A MANNER, OR (II) INCLUDED IN A  MEMBER  OR
 MASTER AGREEMENT IN EFFECT AT THE TIME OF RENTAL.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, "MEMBER OR MASTER AGREEMENT"
 SHALL  MEAN  AN AGREEMENT BETWEEN A RENTAL VEHICLE COMPANY AND A RENTER,
 OR AN AGREEMENT BETWEEN A RENTAL VEHICLE COMPANY  AND  ANOTHER  COMPANY,
 WHICH BY ITS EXPRESS TERMS: (I) PERMITS SUCH RENTER OR SPECIFIED EMPLOY-
 EES OF SUCH OTHER COMPANY TO BYPASS A RETAIL SERVICE LOCATION AND OBTAIN
 A  PRODUCT  OR  SERVICE  DIRECTLY;  (II)  DOES NOT REQUIRE THE RENTER TO
 EXECUTE A RENTAL AGREEMENT AT THE TIME OF  RENTAL;  OR  (III)  DOES  NOT
 REQUIRE THE RENTAL VEHICLE COMPANY TO PROVIDE THE RENTER WITH THE RENTAL
 TERMS AND CONDITIONS AT THE TIME OF RENTAL DUE TO THE PRIOR EXECUTION OF
 THE AGREEMENT. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HEREBY BE DEEMED A
 VALID  FORM  OF ACCEPTANCE OF ANY SUCH NOTICE OR DISCLOSURE, AND ACCEPT-
 ANCE SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS  ACCEPTANCE  IS  AFFIRMA-
 TIVELY  WITHDRAWN  BY THE RENTER. NOTICES AND DISCLOSURES MADE ELECTRON-
 ICALLY PURSUANT TO THIS SUBDIVISION SHALL BE EXEMPT FROM  ANY  PLACEMENT
 OR   STYLISTIC  DISPLAY  REQUIREMENTS,  INCLUDING  BUT  NOT  LIMITED  TO

 S. 8389--A                         14
 
 LOCATION, FONT SIZE, TYPESET, OR OTHER SPECIFICALLY STATED  DESCRIPTION;
 PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS MANNER.
   § 2. Section 4 of chapter 656 of the laws of 2002 amending the general
 business law relating to rental vehicle protections, as amended by chap-
 ter 82 of the laws of 2013, is amended to read as follows:
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law[; provided that all of the amendments made by this act
 shall expire and be deemed repealed June 30, 2018].
   § 3. This  act  shall  take  effect  immediately;  provided,  however,
 section  one of this act shall take effect on the ninetieth day after it
 shall have become a law; provided, further, that section one of this act
 shall expire and be deemed repealed June 30, 2023.