S T A T E O F N E W Y O R K
________________________________________________________________________
7059--A
I N S E N A T E
(PREFILED)
January 3, 2018
___________
Introduced by Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military Affairs -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to enacting the "vehicle
ramming prevention act" to cause the monitoring of suspicious vehicle
rental activity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "vehicle ramming prevention act".
§ 2. The executive law is amended by adding a new section 719 to read
as follows:
§ 719. SUSPICIOUS RENTAL ACTIVITY. 1. FOR PURPOSES OF THIS SECTION,
"RENTAL VEHICLE COMPANY" SHALL HAVE THE SAME MEANING AS DEFINED IN PARA-
GRAPH (C) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-SIX-Z OF
THE GENERAL BUSINESS LAW PROVIDED, HOWEVER, THE REQUIREMENTS OF THIS
SECTION SHALL ONLY APPLY TO THE OFFICES, DEPARTMENTS AND EMPLOYEES OF
THE RENTAL VEHICLE COMPANY THAT HANDLE AND FACILITATE VEHICLE RENTALS.
2. THE DIVISION SHALL ESTABLISH AND DISTRIBUTE A GUIDANCE POSTER
CONTAINING INFORMATION, CONSISTENT WITH FEDERAL LAW ENFORCEMENT RECOM-
MENDATIONS, ON SUSPICIOUS RENTAL VEHICLE ACTIVITY AND PROCEDURES FOR
RENTAL VEHICLE COMPANY EMPLOYEES TO FOLLOW TO ASSIST IN PREVENTING VEHI-
CLE RAMMING ATTACKS. THE POSTER SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) A LIST OF POTENTIALLY SUSPICIOUS ACTIVITIES THAT INDIVIDUALLY OR
IN COMBINATION MAY BE REPORTABLE INCLUDING, BUT NOT LIMITED TO:
(I) CUSTOMER BEHAVIORS THAT MAY BE CONSIDERED SUSPICIOUS;
(II) SUSPICIOUS FACTORS THAT AN EMPLOYEE SHOULD BE AWARE OF WHEN A
RENTAL VEHICLE IS RETURNED, SUCH AS WHETHER THE VEHICLE SMELLS LIKE
CHEMICALS AND WHETHER THE VEHICLE WAS ALTERED; AND
(III) SUSPICIOUS RENTAL PRACTICES SUCH AS USING CASH FOR LARGE TRANS-
ACTIONS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13763-02-8
S. 7059--A 2
(B) THE NATIONAL HOTLINE NUMBER FOR AN EMPLOYEE TO USE IF THEY SUSPECT
ILLEGAL ACTIVITY; AND
(C) ANY OTHER INFORMATION DEEMED IMPORTANT BY THE DIVISION THAT WOULD
ASSIST EMPLOYEES OF RENTAL VEHICLE COMPANIES IN IDENTIFYING SUSPICIOUS
RENTAL ACTIVITY.
3. EVERY RENTAL VEHICLE COMPANY SHALL POST SUCH POSTER IN A CONSPICU-
OUS PLACE IN A LOCATION FREQUENTED BY EMPLOYEES, SUCH AS A BREAK ROOM.
4. EVERY RENTAL VEHICLE COMPANY SHALL MAINTAIN AND PROVIDE TO THE
DIVISION A TWENTY-FOUR HOUR A DAY CONTACT NUMBER BY WHICH STATE OR LOCAL
LAW ENFORCEMENT MAY REACH APPROPRIATE PERSONNEL FOR THE HANDLING OF
COMMUNICATIONS RELATED TO SUSPECTED TERRORIST ACTIVITY.
5. THE DIVISION SHALL TAKE SUCH STEPS AS NECESSARY TO EDUCATE RENTAL
VEHICLE COMPANIES ON WHAT MAY BE CONSIDERED SUSPICIOUS RENTAL ACTIVITY
AND ON THE EXISTENCE AND USE OF THE NATIONAL HOTLINE. THE COMMISSIONER
OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE
SUPERINTENDENT OF STATE POLICE AND FEDERAL LAW ENFORCEMENT AUTHORITIES,
SHALL UPDATE THE RECOMMENDATIONS OR GENERAL GUIDANCE PROVIDED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION ON AN ANNUAL BASIS TO COMMERCIAL
MOTOR CARRIER AND RENTAL VEHICLE COMPANIES TO ENHANCE PROTECTIONS
AGAINST A TERRORIST ATTACK.
6. EACH RENTAL VEHICLE COMPANY SHALL CONDUCT ANNUAL TRAINING FOR
EMPLOYEES RESPONSIBLE FOR THE RENTAL OR SAFEGUARDING OF ANY VEHICLES.
SUCH TRAINING SHALL INCLUDE INFORMATION FROM STATE AND FEDERAL LAW
ENFORCEMENT PROVIDED PURSUANT TO SUBDIVISION TWO OF THIS SECTION ON HOW
EMPLOYEES CAN SPOT AND REPORT SUSPICIOUS RENTAL ACTIVITY.
7. NO RENTAL VEHICLE COMPANY, NOR ANY EMPLOYEE OR AGENT THEREOF SHALL
BE LIABLE FOR ANY CIVIL DAMAGES FOR INJURIES RESULTING FROM ANY ACT OF
COMMISSION OR OMISSION ON HIS OR HER PART IN THE COURSE OF HIS OR HER
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, UNLESS IT IS ESTABLISHED
THAT SUCH INJURIES WERE CAUSED BY GROSS NEGLIGENCE, OR RECKLESS, WANTON
OR INTENTIONAL MISCONDUCT, ON THE PART OF SUCH RENTAL VEHICLE COMPANY,
OR ANY EMPLOYEE OR AGENT THEREOF.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.