Senate Bill S3135

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3135
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 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.
                                                            LBD04210-01-7
              

 S. 3135                             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.
   §  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.
   §  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.
   §  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.
   § 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.