S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          895
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- 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  rates  charged
         for rental vehicle refueling
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 396-z of the general business  law  is  amended  by
    2  adding a new subdivision 16 to read as follows:
    3    16.  (A)  NO  RENTAL  VEHICLE  COMPANY, AS PART OF A RENTAL AGREEMENT,
    4  SHALL CHARGE AN AUTHORIZED DRIVER A REFUELING  RATE  WHICH  EXCEEDS  THE
    5  HIGHEST RETAIL PRICE OF GASOLINE CHARGED AT GASOLINE STATIONS OR CONVEN-
    6  IENCE STORES WITHIN A ONE-HALF MILE RADIUS OF SUCH RENTAL VEHICLE COMPA-
    7  NY.    SUCH CHARGE MAY BE IMPOSED WHEN A RETURNED RENTAL VEHICLE'S GASO-
    8  LINE TANK IS NOT FULL TO  CAPACITY,  BASED  ON  THE  DIFFERENCE  BETWEEN
    9  DOCUMENTED  READING  OF  SUCH MOTOR VEHICLE'S FUEL GAUGE OBTAINED AT THE
   10  TIME SUCH MOTOR VEHICLE WAS DELIVERED OR PICKED UP  BY  SUCH  AUTHORIZED
   11  DRIVER,  AND  THE  SUBSEQUENT  FUEL GAUGE READING TAKEN AT THE TIME SUCH
   12  RENTED MOTOR VEHICLE IS RETURNED TO THE RENTAL VEHICLE COMPANY.
   13    (B) ANY VIOLATION OF THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  BE
   14  SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS PER VIOLATION.
   15    S  2.  This  act  shall take effect on the sixtieth day after it shall
   16  have become a law;  provided,  however,  that  the  amendments  made  to
   17  section  396-z  of  the  general business law by section one of this act
   18  shall not affect the repeal and reversion of such section and  shall  be
   19  deemed to be repealed therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00192-01-5