Assembly Bill A9343

2021-2022 Legislative Session

Provides for vehicle cost recovery fees

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Archive: Last Bill Status - Passed Senate & Assembly

  • 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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Bill Amendments

2021-A9343 - Details

See Senate Version of this Bill:
S8530
Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
A4796, S6303

2021-A9343 - Summary

Provides for an allowable recovery by a rental vehicle company from its renters for actual costs incurred to title, register, plate and inspect rental vehicles as determined by an annual audit conducted by the rental vehicle company.

2021-A9343 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9343
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  vehicle  cost
   recovery fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 396-z of the general business  law
 is amended by adding a new paragraph (m) to read as follows:
   (M)  "VEHICLE  COST  RECOVERY  FEE"  MEANS THE ALLOWABLE RECOVERY BY A
 RENTAL VEHICLE COMPANY FROM ITS RENTERS FOR  ACTUAL  COSTS  INCURRED  TO
 TITLE,  REGISTER,  PLATE AND INSPECT RENTAL VEHICLES AS DETERMINED BY AN
 ANNUAL AUDIT CONDUCTED BY THE RENTAL VEHICLE COMPANY.   EACH SUCH  AUDIT
 SHALL  BE RETAINED FOR A PERIOD OF NOT LESS THAN FIVE YEARS AND SHALL BE
 MADE AVAILABLE TO THE ATTORNEY GENERAL UPON WRITTEN REQUEST.
   § 2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of  the
 general business law, as amended by chapter 109 of the laws of 2018, are
 amended to read as follows:
   (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, AND A VEHICLE COST RECOVERY FEE.
   (b)  In  addition  to the rental rate, taxes, applicable airport fees,
 VEHICLE COST RECOVERY FEE, and mileage charge, if any, a rental  vehicle
 company  may charge for an item or service provided in connection with a
 particular rental transaction 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2021-A9343A - Details

See Senate Version of this Bill:
S8530
Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
A4796, S6303

2021-A9343A - Summary

Provides for an allowable recovery by a rental vehicle company from its renters for actual costs incurred to title, register, plate and inspect rental vehicles as determined by an annual audit conducted by the rental vehicle company.

2021-A9343A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9343--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the general business law, in relation  to  vehicle  cost
   recovery fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 396-z of the general business  law
 is amended by adding a new paragraph (m) to read as follows:
   (M)  "VEHICLE  COST  RECOVERY  FEE"  MEANS THE ALLOWABLE RECOVERY BY A
 RENTAL VEHICLE COMPANY FROM ITS RENTERS FOR  ACTUAL  COSTS  INCURRED  TO
 TITLE,  REGISTER,  PLATE AND INSPECT RENTAL VEHICLES AS DETERMINED BY AN
 ANNUAL AUDIT CONDUCTED BY THE RENTAL VEHICLE COMPANY.   EACH SUCH  AUDIT
 SHALL BE RETAINED FOR A PERIOD OF NOT LESS THAN FIVE YEARS.
   §  2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of the
 general business law, as amended by chapter 109 of the laws of 2018, are
 amended to read as follows:
   (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, AND A VEHICLE COST RECOVERY FEE.
   (b) In addition to the rental rate, taxes,  applicable  airport  fees,
 VEHICLE  COST RECOVERY FEE, and mileage charge, if any, a rental vehicle
 company may charge for an item or service provided in connection with  a
 particular rental transaction 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14697-02-2

2021-A9343B (ACTIVE) - Details

See Senate Version of this Bill:
S8530
Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
A4796, S6303

2021-A9343B (ACTIVE) - Summary

Provides for an allowable recovery by a rental vehicle company from its renters for actual costs incurred to title, register, plate and inspect rental vehicles as determined by an annual audit conducted by the rental vehicle company.

2021-A9343B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9343--B
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported and referred to the Committee on Rules --  Rules
   Committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to the Committee on Rules

 AN ACT to amend the general business law, in relation  to  vehicle  cost
   recovery fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 396-z of the general business  law
 is amended by adding a new paragraph (m) to read as follows:
   (M)  "VEHICLE  COST  RECOVERY  FEE"  MEANS THE ALLOWABLE RECOVERY BY A
 RENTAL VEHICLE COMPANY FROM ITS RENTERS FOR  ACTUAL  COSTS  INCURRED  TO
 TITLE,  REGISTER, PLATE AND INSPECT RENTAL VEHICLES IN THIS STATE PURSU-
 ANT TO ARTICLE FOURTEEN OF THE VEHICLE AND TRAFFIC LAW, AND WHICH  SHALL
 BE DETERMINED INITIALLY BY AN ANNUAL AUDIT OF THE PRECEDING YEAR'S ACTU-
 AL  COSTS  CONDUCTED  BY  THE  RENTAL VEHICLE COMPANY; PROVIDED HOWEVER,
 NOTHING CONTAINED HEREIN SHALL PROHIBIT A RENTAL  VEHICLE  COMPANY  FROM
 ADJUSTING  THE  EXPENSE  LEVEL  DURING  A  CALENDAR YEAR TO MORE CLOSELY
 REFLECT ACTUAL COSTS INCURRED. EACH SUCH AUDIT SHALL BE RETAINED  FOR  A
 PERIOD  OF  NOT LESS THAN FIVE YEARS, AND SHALL BE MADE AVAILABLE TO THE
 DEPARTMENT OF STATE, DEPARTMENT OF MOTOR VEHICLES, AND ATTORNEY  GENERAL
 UPON WRITTEN REQUEST.
   §  2. Paragraphs (a) and (b) of subdivision 10 of section 396-z of the
 general business law, as amended by chapter 109 of the laws of 2018, are
 amended to read as follows:
   (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. PROVIDED FURTHER, THAT A RENTAL VEHICLE  COMPANY  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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