WEST virginia legislature

2020 regular session

Committee Substitute

for

House Bill 4530

By Delegate Westfall

[Originating in the Committee on the Judiciary; February 19, 2020.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6D-17, relating to authorizing daily passenger rental car companies to charge reasonable administrative fees when the fees are incidental to or arising from the rental car transaction.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.

§17A-6D-17.  Authorized administrative fees.

(a) As used in this section, “administrative fees” means reasonable costs associated with collecting debts, not to exceed 10% of the debt owed, arising from the master rental agreement, which may include, but are not limited to, parking tickets, tolls, and other nonmoving violations incurred by the rental customer. 

(b) Notwithstanding the provisions of §46A-2-128(d) of this code to the contrary, a daily passenger rental car company may collect or charge administrative fees incidental to, or arising from, the rental transaction when such administrative fees are expressly authorized by the master rental agreement and affirmatively acknowledged by the rental customer.

NOTE: The purpose of this bill is to permit daily passenger rental car companies to collect reasonable administrative fees incidental to, or arising from, the rental transaction when the administrative fees are expressly authorized by the master agreement and acknowledged by the customer.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.