Senate Bill S3834

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3834
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 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. Subdivision 2 of  section  709  of  the  executive  law  is
 amended by adding a new paragraph (w) to read as follows:
   (W)  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 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 DRIVER'S  LICENSE  AND  AT  LEAST  ONE
 OTHER  FORM  OF  IDENTIFICATION  TO  RENT  TRUCKS,  VANS OR TRAILERS AND
 REQUIRE 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.
                                                            LBD01534-01-5
              

 S. 3834                             2
 
 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, as
 amended by chapter 109 of the laws of 2018, is amended by adding  a  new
 paragraph (m) to read as follows:
   (M)  "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,  as
 amended  by  chapter 731 of the laws of 2006, 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.
   §  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 subdivision (a)
 of section 4 of chapter 109 of the laws of 2018,  as  amended;  provided
 further  that  any  rules  and  regulations  necessary  to implement the
 provisions of this act on  its  effective  date  are  authorized  to  be
 promulgated on or before such effective date.