senate Bill S3505

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Feb / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

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.

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Bill Details

Versions:
S3505
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §709, Exec L; amd §396-z, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S5269

Votes

Sponsor Memo

BILL NUMBER:S3505

TITLE OF BILL: An act to amend the executive law and the general busi-
ness 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 screen-
ing for possible terrorists. The Division of Homeland Security & Emer-
gency 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 individ-
uals 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 vehicle-
borne 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, highlight-
ing 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 Govern-
mental Operations

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

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3505

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07284-02-3

S. 3505                             2

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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