S T A T E O F N E W Y O R K
________________________________________________________________________
5190
2019-2020 Regular Sessions
I N S E N A T E
April 15, 2019
___________
Introduced by Sen. FUNKE -- 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 a cap on the
amount which rental vehicle companies may charge for refueling of a
rental vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 10 of section 396-z of the general business law
is amended by adding a new paragraph (b-1) to read as follows:
(B-1) A RENTAL VEHICLE COMPANY THAT CHARGES FOR THE REFUELING OF A
RENTAL VEHICLE, PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, SHALL
ONLY CHARGE THE RENTER FOR THE AMOUNT OF GAS THAT WAS NECESSARY TO
RETURN THE FUEL TANK TO THE AMOUNT OF FUEL THAT WAS IN THE TANK AT THE
BEGINNING OF THE RENTAL. THE RENTER SHALL NOT BE CHARGED FOR SUCH GAS AT
A RATE EXCEEDING ONE HUNDRED TWENTY-FIVE PERCENT OF THE REGIONAL AVER-
AGE MARKET VALUE OF GAS AS PUBLISHED BY THE UNITED STATES ENERGY AND
INFORMATION ADMINISTRATION. WHERE A RENTAL VEHICLE COMPANY HAS VIOLATED
THE PROVISIONS OF THIS PARAGRAPH, THE ATTORNEY GENERAL MAY COMMENCE A
SPECIAL PROCEEDING PURSUANT TO SUBDIVISION THIRTEEN OF THIS SECTION, AND
IN ANY SUCH PROCEEDING THE COURT SHALL IMPOSE A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS AND, WHERE APPROPRI-
ATE, ORDER RESTITUTION TO AGGRIEVED RENTERS.
§ 2. Subdivision 9 of section 396-z of the general business law is
amended by adding a new paragraph (b-1) to read as follows:
(B-1) A RENTAL VEHICLE COMPANY THAT CHARGES FOR THE REFUELING OF A
RENTAL VEHICLE, PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, SHALL
ONLY CHARGE THE RENTER FOR THE AMOUNT OF GAS THAT WAS NECESSARY TO
RETURN THE FUEL TANK TO THE AMOUNT OF FUEL THAT WAS IN THE TANK AT THE
BEGINNING OF THE RENTAL. THE RENTER SHALL NOT BE CHARGED FOR SUCH GAS AT
A RATE EXCEEDING ONE HUNDRED TWENTY-FIVE PERCENT OF THE REGIONAL AVERAGE
MARKET VALUE OF GAS AS PUBLISHED BY THE UNITED STATES ENERGY AND INFOR-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11142-01-9
S. 5190 2
MATION ADMINISTRATION. WHERE A RENTAL VEHICLE COMPANY HAS VIOLATED THE
PROVISIONS OF THIS PARAGRAPH, THE ATTORNEY GENERAL MAY COMMENCE A
SPECIAL PROCEEDING PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, AND
IN ANY SUCH PROCEEDING THE COURT SHALL IMPOSE A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS AND, WHERE APPROPRI-
ATE, ORDER RESTITUTION TO AGGRIEVED RENTERS.
§ 3. This act shall take effect immediately, provided that the amend-
ments to subdivision 10 of section 396-z of the general business law
made by section one of this act shall be subject to the expiration and
reversion of such section pursuant to subdivision (a) of section 4 of
chapter 109 of the laws of 2018, as amended, when upon such date the
provisions of section two of this act shall take effect.