S T A T E   O F   N E W   Y O R K
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                                  8544

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              July 20, 2011
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law  and  the  general  business  law,  in
  relation  to  directing  the  division of homeland security 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;
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11292-01-1
              

A. 8544                             2

  S 2. Subdivision 1 of section 396-z of the  general  business  law  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  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 the amendment to section 396-z  of  the
general  business  law  made by section two of this act shall not affect
the repeal of such section and shall be deemed repealed therewith,  when
upon  such  date  the provisions of section three of this act shall take
effect; and provided, further, that the amendment to  section  369-z  of
the  general business law made by section four of this act shall survive
the repeal and reversion of such section as provided  in  section  2  of
chapter  656  of the laws of 2002, as amended; provided further that any
rules and regulations necessary to implement the provisions of this  act
on  its  effective date are authorized and directed to be promulgated on
or before such effective date.