senate Bill S601

Directs the division of homeland security and emergency services to establish rules and regulations providing for 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

  • 09 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

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 state.

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Bill Details

See Assembly Version of this Bill:
A2143
Versions:
S601
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Amd §709, Exec L; amd §396-z, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2532, A4876
2009-2010: S4719, A3615
2007-2008: A1861

Sponsor Memo

BILL NUMBER:S601

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 OR GENERAL IDEA OF BILL:
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 SPECIFIC PROVISIONS:
This bill amends the executive law by adding to the powers and duties
of the New York State Office of Homeland Security 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 Office of Homeland Security develop and promote best practices for
the truck rental industry and work to educate those in the industry
on bow to detect and report suspicious activity.

Section 2 of the bill amends section 395-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 fox 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, 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.


PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
2532 (Gianaris) - Died in Senate Veterans,
Homeland Security and Military Affairs Committee
2012: Assembly Bill
4876 (Simotas) Died in Assembly Governmental
Operations Committee
2010: Senate Bill
4719 (Leibell) - Died in Senate Veterans,
Homeland Security and Military Affairs Committee
2010: Assembly Bill
3615 (Gianaris)Died in Assembly Governmental
Operations Committee
2008: Senate Bill
3638 (Leibell) - Died in Senate Veterans,
Homeland Security and Military Affairs Committee
2008: Assembly Bill
1861 (Gianaris) - Died in Assembly
Governmental Operations Committee
2006: Senate Bill
4495-B (Balboni) - Passed Senate 60-0 (6/22/06)
2006: Assembly Bill
11121-A (Gianaris) - Died in Assembly
Governmental Operations Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
90 days after it becomes law, with provisions.

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

                                   601

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GIANARIS -- 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.  Paragraphs (s), (t) and (u) of subdivision  2  of  section
709  of the executive law, paragraph (s) as amended and paragraph (t) as
added by section 14 and paragraph (u) as added by section 22 of  part  B
of  chapter  56 of the laws of 2010, are amended and a new paragraph (v)
is added to read as follows:
  (s) work in consultation with or make recommendations to  the  commis-
sioner  of  agriculture  and markets in developing rules and regulations
relating to ammonium nitrate security; [and]
  (t) develop, maintain, and deploy state, regional and local all-hazard
incident management teams[.];
  (u) [Notwithstanding] NOTWITHSTANDING article six-C of  this  chapter,
or any other provision of law to the contrary, [the division of homeland
security  and emergency services shall] establish best practices regard-
ing training and education for firefighters and first  responders  which
shall  include  but  not be limited to: minimum basic training for fire-
fighters and first responders; in-service training and continuing educa-
tion; and specialized training as it may apply to the specific duties of
a category of emergency personnel[.]; AND
  (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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01700-01-3

S. 601                              2

  (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 REQUIRE A VALID DRIVERS LICENSE AND AT LEAST ONE OTHER
FORM  OF IDENTIFICATION TO RENT TRUCKS, VANS OR TAILERS AND REQUIRE THAT
MEANINGFUL ASSURANCES ARE MADE BY THE RENTAL ENTITY TO VERIFY THE  IDEN-
TITY 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 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 396-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 4 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.

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