S T A T E O F N E W Y O R K
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3615
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law and the general business law, in
relation to directing the office 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. Paragraphs (q) and (r) of subdivision 2 of section 709 of
the executive law, paragraph (q) as separately amended by chapters 537
and 620 of the laws of 2005 and paragraph (r) as added by chapter 537 of
the laws of 2005, are amended to read as follows:
(q) request from any department, division, office, commission or other
agency of the state or any political subdivision thereof, and the same
are authorized to provide, such assistance, services and data as may be
required by the office of homeland security in carrying out the purposes
of this article, subject to applicable laws, rules, and regulations;
[and]
(r) develop standards and a certification process for training
programs for training of private security officers in commercial build-
ings which shall:
(i) improve observation, detection and reporting skills;
(ii) improve coordination with local police, fire and emergency
services;
(iii) provide and improve skills in working with advanced security
technology including surveillance and access control procedures;
(iv) require at least forty hours of training including three hours of
training devoted to terrorism awareness; and
(v) have been certified as a qualified program by the state office of
homeland security[.];
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05709-01-9
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S 2. Paragraph (r) of subdivision 2 of section 709 of the executive
law, as added by chapter 620 of the laws of 2005, is amended and a new
paragraph (t) is added to read as follows:
[(r)] (S) work in consultation with or make recommendations to the
commissioner of agriculture and markets in developing rules and regu-
lations relating to ammonium nitrate security[.]; AND
(T) 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
OFFICE 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 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 OFFICE 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 OFFICE.
S 3. 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 4. 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 5. 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 6. 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 three 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 four of this act shall take
A. 3615 3
effect; and provided, further, that the amendment to section 369-z of
the general business law made by section five 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.