Bill Text: NY S03135 | 2017-2018 | General Assembly | Introduced

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Bill Title: Directs the division of homeland security and emergency services to develop rules and regulations relating to truck rental security; requires any person or organization in the business of renting trucks, vans or trailers to the public to be registered with the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S03135 Detail]

Download: New_York-2017-S03135-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3135
                               2017-2018 Regular Sessions
                    IN SENATE
                                    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:
     1    Section 1.  Paragraphs (s), (t) and (u) of subdivision  2  of  section
     2  709  of the executive law, paragraph (s) as amended and paragraph (t) as
     3  added by section 14 and paragraph (u) as added by section 22 of  part  B
     4  of  chapter  56 of the laws of 2010, are amended and a new paragraph (v)
     5  is added to read as follows:
     6    (s) work in consultation with or make recommendations to  the  commis-
     7  sioner  of  agriculture  and markets in developing rules and regulations
     8  relating to ammonium nitrate security; [and]
     9    (t) develop, maintain, and deploy state, regional and local all-hazard
    10  incident management teams[.];
    11    (u) [Notwithstanding] notwithstanding article six-C of  this  chapter,
    12  or any other provision of law to the contrary, [the division of homeland
    13  security  and emergency services shall] establish best practices regard-
    14  ing training and education for firefighters and first  responders  which
    15  shall  include  but  not be limited to: minimum basic training for fire-
    16  fighters and first responders; in-service training and continuing educa-
    17  tion; and specialized training as it may apply to the specific duties of
    18  a category of emergency personnel[.]; and
    19    (v) promulgate rules and  regulations  within  twelve  months  of  the
    20  effective date of this paragraph, in consultation with the department of
    21  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
     1    (i)  any  person  or  organization,  or  any  subsidiary or affiliate,
     2  including a franchise, in the business of renting trucks, vans or trail-
     3  ers to the public from locations in this state, be registered  with  the
     4  division of homeland security and emergency services;
     5    (ii)  each  such  person or organization maintains accurate records of
     6  any person renting a truck, van or trailer for at least two years; and
     7    (iii) any person or organization,  or  any  subsidiary  or  affiliate,
     8  including a franchise, in the business of renting trucks, vans or trail-
     9  ers to the public require a valid drivers license and at least one other
    10  form  of identification to rent trucks, vans or tailers and require that
    11  meaningful assurances are made by the rental entity to verify the  iden-
    12  tity of any person renting a truck, van or trailer;
    13    (iv) any person renting a truck, van or trailer may be checked against
    14  state  or  federal  criminal databases for the purposes of screening for
    15  possible terrorists; and
    16    (v) the division shall develop and  promote  best  practices  for  the
    17  truck  rental  industry  in  this state, and work to educate persons and
    18  agencies renting trucks, vans and trailers on how to detect  and  report
    19  suspicious activity as defined by the division.
    20    §  2.  Subdivision  1  of section 396-z of the general business law is
    21  amended by adding a new paragraph (k) to read as follows:
    22    (k) "Truck rental company" means any person or  organization,  or  any
    23  subsidiary  or  affiliate,  including  a  franchisee, in the business of
    24  renting trucks, vans or trailers to the public from  locations  in  this
    25  state.
    26    §  3.  Subdivision  1  of section 396-z of the general business law is
    27  amended by adding a new paragraph (d) to read as follows:
    28    (d) "Truck rental company" means any person or  organization,  or  any
    29  subsidiary  or  affiliate,  including  a  franchisee, in the business of
    30  renting trucks, vans or trailers to the public from  locations  in  this
    31  state.
    32    §  4. Section 396-z of the general business law is amended by adding a
    33  new subdivision 13-b to read as follows:
    34    13-b. For truck rental  companies,  the  following  disclosure  notice
    35  shall be made on the face of the rental agreement either by stamp, label
    36  or  as  part  of  the  written contract or on any other written document
    37  provided to  the  authorized  driver  at  the  time  such  driver  takes
    38  possession of the vehicle, shall be set apart in boldface type and in no
    39  smaller print than ten point type:
    40    NOTICE:  BY  ENTERING  INTO THIS RENTAL AGREEMENT, YOU UNDERSTAND THAT
    41  YOUR NAME AND INFORMATION MAY BE CHECKED AGAINST STATE OR FEDERAL CRIMI-
    42  NAL DATABASES FOR THE PURPOSES OF SCREENING FOR POSSIBLE TERRORISTS.
    43    § 5. This act shall take effect on the ninetieth day  after  it  shall
    44  have  become  a law; provided that the amendment to section 396-z of the
    45  general business law made by section two of this act  shall  not  affect
    46  the  repeal of such section and shall be deemed repealed therewith, when
    47  upon such date the provisions of section three of this  act  shall  take
    48  effect;  and  provided,  further, that the amendment to section 396-z of
    49  the general business law made by section four of this act shall  survive
    50  the  repeal  and  reversion  of such section as provided in section 4 of
    51  chapter 656 of the laws of 2002, as amended; provided further  that  any
    52  rules  and regulations necessary to implement the provisions of this act
    53  on its effective date are authorized and directed to be  promulgated  on
    54  or before such effective date.