SB608 HFIN AM 3-8                                          JHJ

    The Committee on Finance moves to amend the bill on page thirty, following line thirteen, by inserting a new section to read as follows:

“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 vehicles; and

    (2) “Vehicle license cost recovery free” means a charge on a vehicle rental transaction originating within this state that is separately stated on the rental agreement to recover vehicle license costs.

    (b) Method for vehicle cost recovery.

    (1) If a daily passenger car rental company includes a vehicle license cost recovery free 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 shall prevent 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 taxes.”;

    On page thirty-one, section three, line eight, following the words “this class”, by striking out the words “are is $28.50:” and inserting in lieu thereof the words “is $45.00.";

    On page thirty-one, section three, beginning on line nine, by striking out the following:

    “(A) $38.50 for declared gross weights less than 4001 pounds; and

    (B) $58.50 for declared gross weights of 4001 pounds to 8000 pounds.”;

    On page sixty-one, section two, line nine, following the words “five dollars” by striking out “$10" and inserting in lieu thereof “$5";

    On page sixty-one, section two, line nine, following the words “for each abstract” and the period, by inserting the following: “For calendar year 2012, the commissioner shall collect $7.50 for each abstract. Beginning January 1, 2013, the commissioner shall collect $10 for each abstract: Provided, That an auto insurer domiciled the state of West Virginia shall pay no more than $10 for each abstract, including any administrative fee arising from the transaction.”;

    And,

    On page two, following the enacting clause, by striking out the enacting section of the bill and inserting in lieu thereof the following:

    “That §17A-2-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §17A-3-4 of said code be amended and reenacted; that §17A-4-1 and §17A-4-10 of said code be amended and reenacted; that §17A-4A-10 of said code be amended and reenacted; that §17A-10-3, §17A-10-10 and §17A-10-11 of said code be amended and reenacted; that §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code be amended and reenacted; that §17D-2-2 of said code be amended and reenacted, and that said code by amended by adding thereto a new section, designated §17A-6D-16, all to read as follows:”.