Senate Bill S6956

2017-2018 Legislative Session

Directs commercial motor carriers and rental vehicle companies to adopt and implement vehicle ramming prevention plans

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to veterans, homeland security and military affairs
Nov 27, 2017	referred to rules

co-Sponsors

2017-S6956 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L

2017-S6956 (ACTIVE) - Summary

Directs commercial motor carriers and rental vehicle companies to adopt and implement vehicle ramming prevention plans; such plans shall be filed with the division of homeland security and emergency services and are intended to prevent attacks by means of using motor vehicles to intentionally strike persons or property.

2017-S6956 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6956

SPONSOR: KLEIN
 
TITLE OF BILL:  An act to amend the executive law, in relation to
requiring commercial motor carriers and rental vehicle companies to
adopt and implement vehicle ramming prevention plans

 
PURPOSE::

The bill would require rental vehicle companies to create a file vehicle
ramming prevention plans.

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law to add a new section creating the
requirement of a vehicle ramming prevention plan. The plan will be
created by the companies, with help from the division, and then shall be
filed with division of homeland security. The plan shall include a proc-
ess for drivers to inform dispatchers of changes in routes, a plan to
use already installed security technology, and a plan to create an
employee training program.

The plans shall be kept confidential but will also be made available to
the state police upon request.

Section 2 states that the act shall take effect on the one hundredth and
eightieth day after it shall have become a law.

 
JUSTIFICATION:

On October 31, 2017, Sayfullo Habibullaevic Saipov committed an act of
terror against innocent individuals in New York City. He used a rental
truck from Home Depot to deliberately and maliciously plow down pedes-
trians; killing at least eight and injuring 11 others. The use of vehi-
cles as weapons has been a rising trend in terrorist attacks. Prior to
the attack, Saipov had rented a truck from the same Home Depot earlier
in order to practice with the vehicle.

Attacks like the one Saipov perpetrated are on the rise, especially
since ISIS specifically called for the use of cars as weapons. From 2014
through April 2017, terrorists carried out 17 known vehicle-ramming
attacks worldwide. These attacks have resulted in 173 fatalities and 667
injuries, and the number continues to grow. The TSA recognized an
increase in these types of attacks and therefore put out an unclassified
report on vehicle ramming attacks, which has a list of guidance measures
recommended for companies to follow. Such a spike in these types of
attacks show that these attacks will continue to occur and therefore
action has to be taken to help the rental companies prepare for vehicle
ramming attacks such as the creation of prevention plans.

 
LEGISLATIVE HISTORY::

New Bill.

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect on the one hundredth and eightieth day after
it shall have become a law.

2017-S6956 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6956
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             November 27, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to  requiring  commercial
   motor  carriers  and  rental  vehicle companies to adopt and implement
   vehicle ramming prevention plans

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 719 to
 read as follows:
   §  719.  VEHICLE  RAMMING  PREVENTION  PLANS. 1. EACH COMMERCIAL MOTOR
 CARRIER, AS DEFINED IN SUBDIVISION FOUR OF SECTION FIVE  HUNDRED  NINE-P
 OF  THE  VEHICLE  AND  TRAFFIC  LAW, AND EACH RENTAL VEHICLE COMPANY, AS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  THREE  HUNDRED
 NINETY-SIX-Z  OF  THE  GENERAL BUSINESS LAW, SHALL ADOPT AND IMPLEMENT A
 VEHICLE RAMMING PREVENTION PLAN.  FOR  THE  PURPOSES  OF  THIS  SECTION,
 "VEHICLE  RAMMING"  SHALL  MEAN  A FORM OF ATTACK IN WHICH A PERPETRATOR
 INTENTIONALLY AIMS A MOTOR VEHICLE AT A TARGET  TO  INFLICT  SIGNIFICANT
 PERSONAL INJURY OR PROPERTY DAMAGE BY STRIKING WITH VIOLENT FORCE.
   EACH  SUCH  PLAN  SHALL  BE  FILED WITH THE DIVISION AND SHALL BE MADE
 AVAILABLE, UPON REQUEST, TO THE DIVISION OF STATE POLICE.  THE  DIVISION
 SHALL  MAINTAIN A LIST OF ALL COMMERCIAL MOTOR CARRIERS AND RENTAL VEHI-
 CLE COMPANIES REQUIRED TO  SUBMIT  A  VEHICLE  RAMMING  PREVENTION  PLAN
 PURSUANT TO THIS SECTION.
   IN DEVELOPING A PLAN, EACH COMMERCIAL MOTOR CARRIER AND RENTAL VEHICLE
 COMPANY  SHALL  CONSIDER APPLICABLE SECURITY ENHANCEMENT RECOMMENDATIONS
 PROVIDED BY THE UNITED STATES  TRANSPORTATION  SECURITY  ADMINISTRATION.
 EACH  VEHICLE  RAMMING  ATTACK PREVENTION PLAN SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) A PROCESS FOR A DRIVER OF A COMMERCIAL MOTOR VEHICLE TO  INFORM  A
 DISPATCHER  OF  ANY SIGNIFICANT ROUTE CHANGES IN ORDER TO ENSURE COMPLI-
 ANCE WITH THE ROUTE, IF OPERATING A COMMERCIAL VEHICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13761-02-7

 S. 6956                             2
 
   (B) A PLAN TO MONITOR AND TRACK  MOVEMENT  OF  EACH  COMMERCIAL  MOTOR
 VEHICLE  TO  ENSURE  COMPLIANCE  WITH  THE  ROUTE, IF GLOBAL POSITIONING
 SYSTEM TECHNOLOGY IS INSTALLED ON SUCH VEHICLE;
   (C)  A  PLAN FOR USE OF CURRENTLY EQUIPPED SECURITY FEATURES ON RENTAL
 VEHICLES OR COMMERCIAL MOTOR VEHICLES SUCH AS REMOTE DISABLING  DEVICES,
 DRIVER AUTHENTICATION SYSTEMS, PANIC BUTTONS, AND SILENT ALARMS;
   (D)  AN  EMPLOYEE  TRAINING  PROGRAM  FOR  EMPLOYEES OF RENTAL VEHICLE
 COMPANIES AND COMMERCIAL MOTOR CARRIERS THAT SHALL  INCLUDE  DETAILS  ON
 HOW STAFF AND DRIVERS CAN REPORT SUSPICIOUS ACTIVITY; AND
   (E)  SUCH OTHER MEASURES AS REASONABLY CAN BE TAKEN TO PREVENT VEHICLE
 RAMMING ATTACKS.
   THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL  REVIEW  EACH  VEHICLE
 RAMMING  PREVENTION  PLAN  FILED  WITH  THE  DIVISION  PURSUANT  TO THIS
 SECTION. THE COMMISSIONER MAY PROVIDE RECOMMENDATIONS OR  GENERAL  GUID-
 ANCE  TO  COMMERCIAL MOTOR CARRIERS AND RENTAL VEHICLE COMPANIES FOR THE
 DEVELOPMENT OF SUCH PLANS TO ENHANCE  PROTECTIONS  AGAINST  A  TERRORIST
 ATTACK.
   2.  ALL  VEHICLE  RAMMING  PREVENTION  PLANS SHALL BE SUBMITTED TO THE
 DIVISION ON OR BEFORE DECEMBER THIRTY-FIRST TWO THOUSAND EIGHTEEN.  EACH
 COMMERCIAL MOTOR CARRIER AND RENTAL VEHICLE COMPANY SHALL KEEP ITS VEHI-
 CLE RAMMING PREVENTION PLAN UP TO DATE AND SHALL SUBMIT ANY UPDATES MADE
 TO THE PLAN TO THE DIVISION ON AN ANNUAL BASIS.
   3.  THE  COMMISSIONER  AND  SUPERINTENDENT  OF STATE POLICE SHALL KEEP
 CONFIDENTIAL ALL VEHICLE RAMMING PREVENTION PLANS  AND  ALL  INFORMATION
 DERIVED  THEREFROM.  SUCH  PLANS  SHALL  BE EXEMPT FROM DISCLOSURE UNDER
 ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   4. THE DIVISION IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
 AS ARE NECESSARY FOR IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the  one  hundredth  eightieth  day
 after  it  shall  have  become  a law; provided, however, that effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized and directed to be made and completed on  or  before
 such effective date.

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Senate Bill S6956

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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co-Sponsors

2017-S6956 (ACTIVE) - Details

2017-S6956 (ACTIVE) - Summary

2017-S6956 (ACTIVE) - Sponsor Memo

2017-S6956 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

co-Sponsors

David Carlucci

2017-S6956 (ACTIVE) - Details

2017-S6956 (ACTIVE) - Summary

2017-S6956 (ACTIVE) - Sponsor Memo

2017-S6956 (ACTIVE) - Bill Text download pdf

Comments