senate Bill S5269

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2012 reported and committed to finance
Jan 04, 2012 referred to veterans, homeland security and military affairs
May 10, 2011 reported and committed to finance
May 03, 2011 referred to veterans, homeland security and military affairs

Votes

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Jun 5, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S5269
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: Jun 5, 2012

aye wr (1)

May 10, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S5269
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: May 10, 2011

aye wr (1)

Co-Sponsors

S5269 - Bill Details

See Assembly Version of this Bill:
A8544
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §709, Exec L; amd §396-z, Gen Bus L

S5269 - Bill Texts

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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 NUMBER:S5269

TITLE OF BILL:
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

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 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.

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.

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

                                  5269

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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 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

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

S. 5269                             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 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.

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