Bill S3505-2013

Directs the division of homeland security to develop rules and regulations relating to truck rental security

Directs the division of homeland security and emergency services to develop rules and regulations relating to truck rental security; requires any person or organization in the business of renting trucks, vans or trailers to the public to be registered with the division.

Details

Actions

  • Feb 4, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Feb 5, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Feb 4, 2014
Ayes (10): Ball, Carlucci, Flanagan, Griffo, Grisanti, Larkin, Addabbo, Avella, Gipson, Tkaczyk
Ayes W/R (3): Golden, Zeldin, Sanders

Memo

BILL NUMBER:S3505

TITLE OF BILL: An act to amend the executive law and the general business law, in relation to directing the division of homeland security and emergency services to develop rules and regulations relating to truck rental security

PURPOSE: This bill seeks to strengthen the security procedures for the consumer truck rental industry in an effort to protect against future acts of terrorism.

SUMMARY OF PROVISIONS:

Section One - Amends the executive law by adding to the powers and duties of the New York State Division of Homeland Security & Emergency Services a new section directing the office of homeland security to work in conjunction with the department of transportation to promulgate rules and regulations to ensure that:

* Truck rental companies register with the state and maintain accurate records for at least two years.

* A valid drivers license and at least one other form of identification is needed to rent vehicles, and that rental companies make reasonable assurances to verify the identity of person renting vehicles.

* A mechanism be in place so that those renting trucks can be checked against state or federal criminal databases for the purposes of screening for possible terrorists. The Division of Homeland Security & Emergency Services develop and promote best practices for the truck rental industry and work to educate those in the industry on how to detect and report suspicious activity.

Section Two - Amends section 396-z of the general business law by adding a new paragraph (k) to define a truck rental company. A subdivision 13-b is added requiring truck rental companies to provide notice to individuals entering into rental agreements that their name and information may be checked against state or federal criminal databases for the purposes of screening for possible terrorists.

JUSTIFICATION: Terrorist operatives worldwide have relied on vehicleborne improvised explosive devices as a method of attack. This tactic has resulted in the loss of many Americans, notably in the 1993 World Trade Center and 1995 Oklahoma City bombings. The World Trade Center and Oklahoma City attacks were carried out with rented vehicles, highlighting the need for awareness among rental agencies. Despite this fact, security standards still vary greatly within the truck rental industry. This measure will provide for minimum security standards within the industry and shore up a vulnerability that still exists despite repeated attacks.

LEGISLATIVE HISTORY: 2006-07: S.4495B Passed Senate 2007-08: A.1861 Referred to Governmental Operations 2009-10: A.3615 Referred to Governmental Operations

FISCAL IMPLICATIONS: None. The Division of Homeland Security & Emergency Services could develop the rules and regulations using existing resources.

EFFECTIVE DATE: This act shall be effective ninety days after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3505 2013-2014 Regular Sessions IN SENATE February 5, 2013 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law and the general business law, in relation to directing the division of homeland security and emergency services to develop rules and regulations relating to truck rental security THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 709 of the executive law is amended by adding a new paragraph (v) to read as follows: (V) PROMULGATE RULES AND REGULATIONS WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF STATE, TO ENSURE THAT: (I) ANY PERSON OR ORGANIZATION, OR ANY SUBSIDIARY OR AFFILIATE, INCLUDING A FRANCHISE, IN THE BUSINESS OF RENTING TRUCKS, VANS OR TRAIL- ERS TO THE PUBLIC FROM LOCATIONS IN THIS STATE, BE REGISTERED WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES; (II) EACH SUCH PERSON OR ORGANIZATION MAINTAINS ACCURATE RECORDS OF ANY PERSON RENTING A TRUCK, VAN OR TRAILER FOR AT LEAST TWO YEARS; AND (III) ANY PERSON OR ORGANIZATION, OR ANY SUBSIDIARY OR AFFILIATE, INCLUDING A FRANCHISE, IN THE BUSINESS OF RENTING TRUCKS, VANS OR TRAIL- ERS TO THE PUBLIC REQUIRES A VALID DRIVER'S LICENSE AND AT LEAST ONE OTHER FORM OF IDENTIFICATION TO RENT TRUCKS, VANS OR TRAILERS AND REQUIRES THAT MEANINGFUL ASSURANCES ARE MADE BY THE RENTAL ENTITY TO VERIFY THE IDENTITY OF ANY PERSON RENTING A TRUCK, VAN OR TRAILER; (IV) ANY PERSON RENTING A TRUCK, VAN OR TRAILER MAY BE CHECKED AGAINST STATE OR FEDERAL CRIMINAL DATABASES FOR THE PURPOSES OF SCREENING FOR POSSIBLE TERRORISTS; AND (V) THE DIVISION SHALL DEVELOP AND PROMOTE BEST PRACTICES FOR THE TRUCK RENTAL INDUSTRY IN THIS STATE, AND WORK TO EDUCATE PERSONS AND
AGENCIES RENTING TRUCKS, VANS AND TRAILERS ON HOW TO DETECT AND REPORT SUSPICIOUS ACTIVITY AS DEFINED BY THE DIVISION. S 2. Subdivision 1 of section 396-z of the general business law, as amended by chapter 731 of the laws of 2006, is amended by adding a new paragraph (k) to read as follows: (K) "TRUCK RENTAL COMPANY" MEANS ANY PERSON OR ORGANIZATION, OR ANY SUBSIDIARY OR AFFILIATE, INCLUDING A FRANCHISEE, IN THE BUSINESS OF RENTING TRUCKS, VANS OR TRAILERS TO THE PUBLIC FROM LOCATIONS IN THIS STATE. S 3. Subdivision 1 of section 396-z of the general business law, as amended by chapter 784 of the laws of 1988, is amended by adding a new paragraph (d) to read as follows: (D) "TRUCK RENTAL COMPANY" MEANS ANY PERSON OR ORGANIZATION, OR ANY SUBSIDIARY OR AFFILIATE, INCLUDING A FRANCHISEE, IN THE BUSINESS OF RENTING TRUCKS, VANS OR TRAILERS TO THE PUBLIC FROM LOCATIONS IN THIS STATE. S 4. Section 396-z of the general business law is amended by adding a new subdivision 13-b to read as follows: 13-B. FOR TRUCK RENTAL COMPANIES, THE FOLLOWING DISCLOSURE NOTICE SHALL BE MADE ON THE FACE OF THE RENTAL AGREEMENT EITHER BY STAMP, LABEL OR AS PART OF THE WRITTEN CONTRACT OR ON ANY OTHER WRITTEN DOCUMENT PROVIDED TO THE AUTHORIZED DRIVER AT THE TIME SUCH DRIVER TAKES POSSESSION OF THE VEHICLE, SHALL BE SET APART IN BOLDFACE TYPE AND IN NO SMALLER PRINT THAN TEN POINT TYPE: NOTICE: BY ENTERING INTO THIS RENTAL AGREEMENT, YOU UNDERSTAND THAT YOUR NAME AND INFORMATION MAY BE CHECKED AGAINST STATE OR FEDERAL CRIMI- NAL DATABASES FOR THE PURPOSES OF SCREENING FOR POSSIBLE TERRORISTS. S 5. This act shall take effect on the ninetieth day after it shall have become a law; provided that: (a) the amendment to section 396-z of the general business law made by section two of this act shall not affect the expiration of such section and shall be deemed expired therewith, when upon such date the provisions of section three of this act shall take effect; (b) the amendment to section 396-z of the general business law made by section four of this act shall survive the expiration and reversion of such section as provided in section 2 of chapter 656 of the laws of 2002, as amended; and (c) any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be promul- gated on or before such effective date.

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