NY State Senate Bill 2021-S8530

Archive: Last Bill Status Via A9343 - Passed Senate

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
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1924 substituted for s8530c
Jun 02, 2022	substituted by a9343b ordered to third reading cal.1924 committee discharged and committed to rules
May 27, 2022	print number 8530c
May 27, 2022	amend and recommit to consumer protection print number 8530b
May 27, 2022	amend and recommit to consumer protection
May 13, 2022	print number 8530a
May 13, 2022	amend and recommit to consumer protection
Mar 09, 2022	referred to consumer protection

Votes

- Jun 2, 2022 - Floor Vote
  A9343
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Kaminsky
  Jun 2, 2022 - Rules Committee Vote
  S8530
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      absent (1)
      
      O'Mara

Bill Amendments

Original

C (Active)

2021-S8530 - Details

Law Section:: General Business Law
Laws Affected:: Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S6303

2021-S8530 - 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-S8530 - Sponsor Memo

                                 
BILL NUMBER: S8530

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the general business law, in relation to vehicle cost
recovery fees

 
PURPOSE OF THE BILL:

Authorizes rental car companies to charge a "vehicle cost recovery fee".

 
SUMMARY OF SPECIFIC PROVISIONS

Section 1: Amends section 396-z of the General Business Law adding a new
paragraph m authorizing rental .car companies to charge a "vehicle cost
recovery fee" to recover actual costs incurred relating to the titling,
registration, inspection and plating of rental car vehicles. The fee
shall be determined by an annual audit and records must be kept for five
years.

Section 2: Amends paragraph (a) and (b) of subdivision 10 of section

396-z of the General Business. Law authorizing rental car companies to
charge a "Vehicle cost recovery fee". It also states that rental car
company must disclose the fee to the consumer.

Section 3: Establishes the effective date.

 
JUSTIFICATION

New York is one of the few states that does not allow rental car compa-
nies to recover costs relating to title, registration, inspection and
obtaining license plates for vehicles. This bill will allow them to do
so, provided it is properly disclosed to the customer. The change will
bring New York in-line with other states and aid rental car companies as
they recover from massive losses due to the COVID-19 Pandemic.

 
PRIOR LEGISLATIVE HISTORY

New bill.

 
FISCAL IMPLICATIONS

None to the State.

 
EFFECTIVE DAVE

Immediately, provided that the amendments to section 396-z of the gener-
al business law made by sections one and two of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith.

2021-S8530 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8530
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  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.

                                                            LBD14697-01-2
 S. 8530                             2
 
   § 3. This act shall take effect immediately, provided that the  amend-
 ments  to section 396-z of the general business law made by sections one
 and two of this act shall not affect the expiration of such section  and
 shall be deemed to expire therewith.

2021-S8530A - Details

Law Section:: General Business Law
Laws Affected:: Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S6303

2021-S8530A - Summary

2021-S8530A - Sponsor Memo

                                 
BILL NUMBER: S8530A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the general business law, in relation to vehicle cost
recovery fees

 
PURPOSE OF THE BILL:

Authorizes rental car companies to charge a "vehicle cost recovery fee".

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 396-z of the General Business Law adding a new
paragraph m-authorizing rental car companies to charge a "vehicle cost
recovery fee" to recover actual costs incurred relating to the titling,
registration, inspection and plating of rental car vehicles.  The fee
shall be determined by an annual audit and records must be kept for five
years.

Section 2: Amends paragraph (a) and (b) of subdivision 10 of section

396-z of the General. Business Law authorizing rental car companies to
charge a "Vehicle cost recovery fee". It also states that rental car
company must disclose the fee to the consumer.

Section 3: Establishes the effective date.

 
JUSTIFICATION:

New York is one of the few states that does not allow rental car compa-
nies to recover costs relating to title, registration, inspection and
obtaining license plates for vehicles. This bill will allow them to do
so, provided it is properly disclosed to the customer. The change will
bring New York in-line with other states and aid rental car companies as
they recover from massive losses due to the COVID-19 Pandemic.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DAVE:

Immediately, provided that the amendments to section 396-z of the gener-
al business law made by sections one and two of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith.

2021-S8530A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8530--A
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  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.
                                                            LBD14697-03-2

 S. 8530--A                          2
 
 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.
   §  3. This act shall take effect immediately, provided that the amend-
 ments to section 396-z of the general business law made by sections  one
 and  two of this act shall not affect the expiration of such section and
 shall be deemed to expire therewith.

2021-S8530B - Details

Law Section:: General Business Law
Laws Affected:: Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S6303

2021-S8530B - Summary

2021-S8530B - Sponsor Memo

2021-S8530B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8530--B
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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 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 THE VEHICLE COST RECOVERY FEES and SEPARATELY STATE AND
 charge, where applicable, airport fees as such term is defined herein.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14697-06-2

 S. 8530--B                          2
 
   (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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided that the amendments to section 396-z of  the
 general  business law made by sections one and two of this act shall not
 affect the expiration of such section and  shall  be  deemed  to  expire
 therewith.

2021-S8530C (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Amd §396-z, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S6303

2021-S8530C (ACTIVE) - Summary

2021-S8530C (ACTIVE) - Sponsor Memo

2021-S8530C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8530--C
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14697-09-2
 S. 8530--C                          2
 
 is  defined  herein. PROVIDED FURTHER, THAT A RENTAL VEHICLE COMPANY MAY
 ALSO SEPARATELY STATE THE VEHICLE COST RECOVERY  FEE  AS  SUCH  TERM  IS
 DEFINED IN PARAGRAPH (M) OF SUBDIVISION ONE OF THIS SECTION.
   (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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become a law, provided that the amendments to section 396-z of the
 general business law made by sections one and two of this act shall  not
 affect  the  expiration  of  such  section and shall be deemed to expire
 therewith.

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Senate Bill S8530

Sponsored By

Archive: Last Bill Status Via A9343 - Passed Senate

Jun 2, 2022 - Floor Vote

Floor Vote: Jun 2, 2022

Jun 2, 2022 - Rules Committee Vote

Rules Committee Vote: Jun 2, 2022

Bill Amendments

2021-S8530 - Details

2021-S8530 - Summary

2021-S8530 - Sponsor Memo

2021-S8530 - Bill Text download pdf

2021-S8530A - Details

2021-S8530A - Summary

2021-S8530A - Sponsor Memo

2021-S8530A - Bill Text download pdf

2021-S8530B - Details

2021-S8530B - Summary

2021-S8530B - Sponsor Memo

2021-S8530B - Bill Text download pdf

2021-S8530C (ACTIVE) - Details

2021-S8530C (ACTIVE) - Summary

2021-S8530C (ACTIVE) - Sponsor Memo

2021-S8530C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8530

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status Via A9343 - Passed Senate

Bill Amendments

2021-S8530 - Details

2021-S8530 - Summary

2021-S8530 - Sponsor Memo

2021-S8530 - Bill Text download pdf

2021-S8530A - Details

2021-S8530A - Summary

2021-S8530A - Sponsor Memo

2021-S8530A - Bill Text download pdf

2021-S8530B - Details

2021-S8530B - Summary

2021-S8530B - Sponsor Memo

2021-S8530B - Bill Text download pdf

2021-S8530C (ACTIVE) - Details

2021-S8530C (ACTIVE) - Summary

2021-S8530C (ACTIVE) - Sponsor Memo

2021-S8530C (ACTIVE) - Bill Text download pdf

Comments