H. B. 2868
(By Delegates Perry, Andes, Pasdon, Westfall,
Stowers and Skaff)
[Introduced March 8, 2013; referred to the
Committee on Roads and Transportation then the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17A-6D-16, relating
to daily passenger rental car business; and allowing rental
vehicle contracts to include a vehicle licensing cost recovery
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17A-6D-16, to read as
ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.
§17A-6D-16. Vehicle license cost recovery fee charged by daily
passenger rental car company.
_____(a) As used in this section:
_____(1) "Vehicle license costs" means the costs incurred by a
daily passenger rental car company for licensing, titling, registration, property tax, plating and inspecting rental motor
_____(2) "Vehicle license cost recovery fee" means a charge on a
vehicle rental transaction originating within this state that may
be separately stated on the rental agreement to recover vehicle
_____(b) Method for vehicle cost recovery.
_____(1) If a daily passenger car rental company includes a vehicle
license cost recovery fee as a separately stated charge in a rental
transaction, the amount of the fee shall represent the company's
good-faith estimate of the daily passenger rental car daily charge
to recover its actual total annual vehicle license costs.
_____(2) If the total amount of the vehicle license cost recovery
fees collected by a daily passenger rental car company under this
section in any calendar year exceeds the company's actual vehicle
license costs, the daily passenger car rental company shall:
_____(A) Retain the excess amount; and
_____(B) Adjust the vehicle cost recovery fee for the following
calendar year by a corresponding amount.
_____(c) Nothing in this section prevents a daily passenger car
rental company from including, or making adjustments during the
calendar year to, separately stated surcharges, fees or charges in
the rental agreement, which may include, but are not limited to,
vehicle license cost recovery fees, airport access fees, airport concession fees, consolidated facility charges and all applicable
NOTE: The purpose of this bill is to direct rental vehicle
companies whose contracts include a vehicle licensing cost recovery
fee to apply all revenues collected by each listed fee, towards the
payment of the costs listed in the consumer contract. It directs
that all excess fees collected at the end of the fiscal year be
applied towards the same costs the following year.
§17A-6D-16 is new; therefore, it has been completely