NY State Senate Bill 2023-S4036

Senate Bill S4036

2023-2024 Legislative Session

Relates to a cap on the amount that a rental vehicle company may charge a renter for refueling a rental vehicle

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Archive: Last Bill Status - In Assembly Committee

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 17, 2024	referred to consumer affairs and protection delivered to assembly passed senate
Mar 11, 2024	advanced to third reading
Mar 06, 2024	2nd report cal.
Mar 05, 2024	1st report cal.580
Jan 03, 2024	referred to consumer protection returned to senate died in assembly
May 08, 2023	referred to consumer affairs and protection delivered to assembly passed senate
May 01, 2023	advanced to third reading
Apr 26, 2023	2nd report cal.
Apr 25, 2023	1st report cal.661
Feb 02, 2023	referred to consumer protection

Votes

- Apr 17, 2024 - Floor Vote
  S4036
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 17, 2024
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (4)
      
      Bailey
      
      Gallivan
      
      Murray
      
      Walczyk
  May 8, 2023 - Floor Vote
  S4036
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 8, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (2)
      
      Cooney
      
      Parker
  Mar 5, 2024 - Consumer Protection Committee Vote
  S4036
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Mar 5, 2024
      
      aye (7)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Kavanagh
      
      Myrie
      
      Thomas
      
      Weber
  Apr 25, 2023 - Consumer Protection Committee Vote
  S4036
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Apr 25, 2023
      
      aye (7)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Kavanagh
      
      Myrie
      
      Thomas
      
      Weber

co-Sponsors

2023-S4036 (ACTIVE) - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Amd §396-z, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5190
2021-2022: S3985
2025-2026: S5599

2023-S4036 (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.

2023-S4036 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4036REVISED 4/27/23

SPONSOR: MANNION
 
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:

The purpose of this bill is to establish a reasonable cap on the prices
that rental companies are allowed to charge for refueling vehicles once
they have been returned.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill would amend subdivisions 9 and 10 of §
396-z of the General Business Law, respectively, to establish 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 rent-
ing the vehicle took possession of the vehicle. The bill also authorizes
the Attorney General to investigate violations of this law and impose
penalties consistent with price gouging instances where violations are
found.

Section 3 of this bill provides that the effective date shall take
effect immediately, provided that the amendments 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.

 
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.

Currently, a cap does not exist, which leaves consumers at the whim of
rental companies. This bill would set the price cap at 25% above the
regional average market value of gasoline as published by the United
States energy and information administration, which is also the source
that NYSERDA uses on its website to publish the monthly average price of
gasoline.

 
LEGISLATIVE HISTORY:
2021-22: S.3985 (Reichlin-Melnick) - Passed Senate.

2019-20: S.5190 (Funke) - Referred to Consumer Protection

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments 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.

2023-S4036 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4036
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sens. MANNION, BORRELLO, JACKSON -- 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.
                                                            LBD06790-01-3

 S. 4036                             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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Senate Bill S4036

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Sponsored By

John W. Mannion