NY State Senate Bill S3985

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 17, 2022	referred to consumer affairs and protection delivered to assembly passed senate
Feb 14, 2022	advanced to third reading
Feb 09, 2022	2nd report cal.
Feb 08, 2022	1st report cal.462
Jan 05, 2022	referred to consumer protection returned to senate died in assembly
Jun 02, 2021	referred to consumer affairs and protection delivered to assembly passed senate
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1077
Feb 01, 2021	referred to consumer protection

Votes

view votes

Feb 17, 2022 - floor Vote

S3985

floor

Aye

Nay

Absent

Excused

Abstained

Feb 8, 2022 - Consumer Protection committee Vote

S3985

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 2, 2021 - floor Vote

S3985

floor

Aye

Nay

Absent

Excused

Abstained

May 18, 2021 - Consumer Protection committee Vote

S3985

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S3985 (ACTIVE) - Details

See Assembly Version of this Bill:: A7556
Law Section:: General Business Law
Laws Affected:: Amd §396-z, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5190
2023-2024: S4036

S3985 (ACTIVE) - Summary

Places a cap on the amount that a rental vehicle company may charge a renter for refueling a rental vehicle; imposes a maximum fine for a violation of such cap on charges.

S3985 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3985

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

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

 
PURPOSE:

This bill will establish a reasonable cap on the prices rental companies
are allowed to charge for refueling vehicles once they are returned.
Currently, a cap does not exist, which leaves consumers at the whim of
rental companies. The price cap would be set at 25% above the regional
average market value of gasoline as published by the United States ener-
gy and information administration, which is also the source that NYSERDA
uses on its website to publish the monthly average price of gasoline.

 
SUMMARY OF PROVISIONS:

Sections one and two amend subdivision 10 of § 396-z of the general
business law, establishing a cap on the amount that vehicle rental
companies are able to charge for gasoline once the vehicle is returned.
Rental companies would be able to charge up to 125% of the regional
market value of gasoline as established by the United States energy and
information administration, for refueling the vehicle upon return to the
level it was at when the individual renting the vehicle took possession
of the vehicle. The bill also authorizes the Attorney General to inves-
tigate violations of this law and impose penalties consistent with price
gouging instances where violations are found.

Section one of this bill will provide these protections up until June
30, 2023.

Section two of the bill amends subdivision 9 of § 396-z of the general
business law, providing the same protections as those detailed in
section one of the bill. Section two of the bill ensures that the
protections will continue after June 30th, 2023.

 
JUSTIFICATION:

People who rent cars often find themselves in unfamiliar areas with a
limited amount of time to return a rented vehicle, especially if they
are traveling and have to catch .a flight or take some other action
after returning the vehicle. When returning a vehicle, the consumer has
two options: 1. Fuel up at a gas station and return it or 2.  Return the
vehicle with less fuel and pay the rental company to refuel it. In cases
involving the latter, while companies should reasonably be able to
charge more for gasoline than a gas station would charge to reflect the
time and effort of filling up, there should be a cap in place in order
to prevent companies from charging exorbitant rates, similar to the
protections in place to prevent price gouging.

 
LEGISLATIVE HISTORY:

2019-20: S5190 - referred to Consumer Protection

 
FISCAL IMPLICATIONS:
None to state.

 
EFFECTIVE DATE:
Section one of this act shall take effect immediately. Section two of
this act shall take effect after June 30, 2023.

S3985 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3985
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08377-01-1

 S. 3985                             2
 
 MARKET  VALUE OF GAS AS PUBLISHED BY THE UNITED STATES ENERGY AND INFOR-
 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.

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The New York State Senate

senate Bill S3985

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Feb 8, 2022 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Feb 8, 2022

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 18, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: May 18, 2021

Co-Sponsors

S3985 (ACTIVE) - Details

S3985 (ACTIVE) - Summary

S3985 (ACTIVE) - Sponsor Memo

S3985 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3985

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Sponsored By

Elijah Reichlin-Melnick

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Feb 8, 2022 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Feb 8, 2022

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 18, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: May 18, 2021

Co-Sponsors

George M. Borrello

James Gaughran

Robert Jackson

S3985 (ACTIVE) - Details

S3985 (ACTIVE) - Summary

S3985 (ACTIVE) - Sponsor Memo

S3985 (ACTIVE) - Bill Text download pdf

Comments