Assembly Bill A4796

2023-2024 Legislative Session

Provides for vehicle cost recovery fees

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Current Bill Status Via S49 - In Senate 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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Bill Amendments

2023-A4796 - Details

See Senate Version of this Bill:
S6303
Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A9343, S8530

2023-A4796 - 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.

2023-A4796 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4796
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 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 THE ACTUAL COSTS INCURRED TO
 TITLE, REGISTER, PLATE AND INSPECT RENTAL  VEHICLES  IN  THE  STATE  AND
 WHICH  FEE  SHALL  BE DETERMINED INITIALLY BY A RENTAL VEHICLE COMPANY'S
 GOOD FAITH ESTIMATE OF THE RENTAL  VEHICLE  COMPANY'S  DAILY  CHARGE  TO
 RECOVER  ITS  ACTUAL  TOTAL  ANNUAL MOTOR VEHICLE TITLING, REGISTRATION,
 PLATING AND INSPECTION COSTS, AND THEREAFTER BY AN INTERNAL AUDIT OF THE
 PRECEDING YEAR'S ACTUAL COSTS CONDUCTED BY THE  RENTAL  VEHICLE  COMPANY
 FROM  ADJUSTING THE EXPENSE LEVEL DURING A CALENDAR YEAR TO MORE CLOSELY
 REFLECT ACTUAL COSTS INCURRED.  IF THE TOTAL AMOUNT OF THE VEHICLE  COST
 RECOVERY  FEES  COLLECTED BY A RENTAL VEHICLE COMPANY UNDER THIS SECTION
 IN ANY CALENDAR YEAR EXCEEDS THE CAR RENTAL COMPANY'S  ACTUAL  COSTS  TO
 LICENSE,  TITLE,  REGISTER,  AND  PLATE MOTOR VEHICLES AND HAVE THE SAME
 INSPECTED FOR THAT CALENDAR YEAR, THE CAR RENTAL COMPANY MAY RETAIN  THE
 EXCESS  AMOUNT,  AND  ADJUST  THE ESTIMATED AVERAGE PER VEHICLE TITLING,
 LICENSING, PLATING, INSPECTING AND REGISTRATION CHARGE FOR THE FOLLOWING
 CALENDAR YEAR BY A CORRESPONDING AMOUNT.    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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09218-01-3

2023-A4796A (ACTIVE) - Details

See Senate Version of this Bill:
S6303
Law Section:
General Business Law
Laws Affected:
Amd §396-z, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A9343, S8530

2023-A4796A (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.

2023-A4796A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4796--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Consumer Affairs and Protection -- 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, PURSUANT
 TO THIS SECTION, BY A RENTAL VEHICLE COMPANY FROM ITS  RENTERS  FOR  THE
 ACTUAL COSTS INCURRED TO TITLE, REGISTER, PLATE AND INSPECT RENTAL VEHI-
 CLES  IN  THE  STATE  AND  WHICH  FEE SHALL BE DETERMINED INITIALLY BY A
 RENTAL VEHICLE COMPANY'S GOOD  FAITH  ESTIMATE  OF  THE  RENTAL  VEHICLE
 COMPANY'S  DAILY CHARGE TO RECOVER ITS ACTUAL TOTAL ANNUAL MOTOR VEHICLE
 TITLING, REGISTRATION, PLATING AND INSPECTION COSTS, AND  THEREAFTER  BY
 AN  INTERNAL AUDIT OF THE PRECEDING YEAR'S ACTUAL COSTS CONDUCTED BY THE
 RENTAL VEHICLE COMPANY FROM ADJUSTING THE EXPENSE LEVEL DURING A  CALEN-
 DAR  YEAR  TO  MORE CLOSELY REFLECT ACTUAL COSTS INCURRED.  IF THE TOTAL
 AMOUNT OF THE VEHICLE COST RECOVERY FEES COLLECTED BY A  RENTAL  VEHICLE
 COMPANY  UNDER  THIS SECTION IN ANY CALENDAR YEAR EXCEEDS THE CAR RENTAL
 COMPANY'S ACTUAL COSTS TO LICENSE,  TITLE,  REGISTER,  AND  PLATE  MOTOR
 VEHICLES  AND  HAVE  THE  SAME INSPECTED FOR THAT CALENDAR YEAR, THE CAR
 RENTAL COMPANY MAY RETAIN THE EXCESS AMOUNT, AND  ADJUST  THE  ESTIMATED
 AVERAGE  PER  VEHICLE TITLING, LICENSING, PLATING, INSPECTING AND REGIS-
 TRATION CHARGE FOR  THE  FOLLOWING  CALENDAR  YEAR  BY  A  CORRESPONDING
 AMOUNT.  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09218-02-3
 A. 4796--A                          2

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