S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6860
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ, TAYLOR, COOK -- read once and referred to
   the Committee on Governmental Operations
 
 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.
                                                            LBD05583-01-9
              

 A. 6860                             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.