Bill Text: NY S01502 | 2023-2024 | 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) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S01502 Detail]

Download: New_York-2023-S01502-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1502

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        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. Subdivision 2 of  section  709  of  the  executive  law  is
     2  amended by adding a new paragraph (w) is added to read as follows:
     3    (w)  Promulgate  rules  and  regulations  within  twelve months of the
     4  effective date of this paragraph, in consultation with the department of
     5  transportation and the department of state, to ensure that:
     6    (i) any person  or  organization,  or  any  subsidiary  or  affiliate,
     7  including a franchise, in the business of renting trucks, vans or trail-
     8  ers  to  the public from locations in this state, be registered with the
     9  division of homeland security and emergency services;
    10    (ii) each such person or organization maintains  accurate  records  of
    11  any person renting a truck, van or trailer for at least two years; and
    12    (iii)  any  person  or  organization,  or any subsidiary or affiliate,
    13  including a franchise, in the business of renting trucks, vans or trail-
    14  ers to the public require a valid driver's  license  and  at  least  one
    15  other  form  of  identification  to  rent  trucks,  vans or trailers and
    16  require that meaningful assurances are made  by  the  rental  entity  to
    17  verify the identity of any person renting a truck, van or trailer;
    18    (iv) any person renting a truck, van or trailer may be checked against
    19  state  or  federal  criminal databases for the purposes of screening for
    20  possible terrorists; and
    21    (v) the division shall develop and  promote  best  practices  for  the
    22  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.
                                                                   LBD05272-01-3
        S. 1502                             2

     1  agencies renting trucks, vans and trailers on how to detect  and  report
     2  suspicious activity as defined by the division.
     3    §  2.  Subdivision  1  of section 396-z of the general business law is
     4  amended by adding a new paragraph (m) to read as follows:
     5    (m) "Truck rental company" means any person or  organization,  or  any
     6  subsidiary  or  affiliate,  including  a  franchisee, in the business of
     7  renting trucks, vans or trailers to the public from  locations  in  this
     8  state.
     9    §  3.  Subdivision  1  of section 396-z of the general business law is
    10  amended by adding a new paragraph (k) to read as follows:
    11    (k) "Truck rental company" means any person or  organization,  or  any
    12  subsidiary  or  affiliate,  including  a  franchisee, in the business of
    13  renting trucks, vans or trailers to the public from  locations  in  this
    14  state.
    15    §  4. Section 396-z of the general business law is amended by adding a
    16  new subdivision 13-b to read as follows:
    17    13-b. For truck rental  companies,  the  following  disclosure  notice
    18  shall be made on the face of the rental agreement either by stamp, label
    19  or  as  part  of  the  written contract or on any other written document
    20  provided to  the  authorized  driver  at  the  time  such  driver  takes
    21  possession of the vehicle, shall be set apart in boldface type and in no
    22  smaller print than ten point type:
    23    NOTICE:  BY  ENTERING  INTO THIS RENTAL AGREEMENT, YOU UNDERSTAND THAT
    24  YOUR NAME AND INFORMATION MAY BE CHECKED AGAINST STATE OR FEDERAL CRIMI-
    25  NAL DATABASES FOR THE PURPOSES OF SCREENING FOR POSSIBLE TERRORISTS.
    26    § 5. This act shall take effect on the ninetieth day  after  it  shall
    27  have  become  a law; provided that the amendment to section 396-z of the
    28  general business law made by section two of this act  shall  not  affect
    29  the  repeal of such section and shall be deemed repealed therewith, when
    30  upon such date the provisions of section three of this  act  shall  take
    31  effect;  and  provided,  further, that the amendment to section 396-z of
    32  the general business law made by section four of this act shall  survive
    33  the  repeal and reversion of such section as provided in subdivision (a)
    34  of section 4 of chapter 109 of the laws of 2018,  as  amended;  provided
    35  further  that  any  rules  and  regulations  necessary  to implement the
    36  provisions of this act on  its  effective  date  are  authorized  to  be
    37  promulgated on or before such effective date.