S T A T E   O F   N E W   Y O R K
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                                  3615

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend  the  executive  law and the general business law, in
  relation to directing the office of homeland security 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.  Paragraphs (q) and (r) of subdivision 2 of section 709 of
the executive law, paragraph (q) as separately amended by  chapters  537
and 620 of the laws of 2005 and paragraph (r) as added by chapter 537 of
the laws of 2005, are amended to read as follows:
  (q) request from any department, division, office, commission or other
agency  of  the state or any political subdivision thereof, and the same
are authorized to provide, such assistance, services and data as may  be
required by the office of homeland security in carrying out the purposes
of  this  article,  subject  to applicable laws, rules, and regulations;
[and]
  (r)  develop  standards  and  a  certification  process  for  training
programs  for training of private security officers in commercial build-
ings which shall:
  (i) improve observation, detection and reporting skills;
  (ii) improve  coordination  with  local  police,  fire  and  emergency
services;
  (iii)  provide  and  improve  skills in working with advanced security
technology including surveillance and access control procedures;
  (iv) require at least forty hours of training including three hours of
training devoted to terrorism awareness; and
  (v) have been certified as a qualified program by the state office  of
homeland security[.];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05709-01-9

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  S  2.  Paragraph  (r) of subdivision 2 of section 709 of the executive
law, as added by chapter 620 of the laws of 2005, is amended and  a  new
paragraph (t) is added to read as follows:
  [(r)]  (S)  work  in  consultation with or make recommendations to the
commissioner of agriculture and markets in developing  rules  and  regu-
lations relating to ammonium nitrate security[.]; AND
  (T)  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
OFFICE OF HOMELAND SECURITY;
  (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 DRIVERS LICENSE AND AT LEAST ONE OTHER
FORM OF IDENTIFICATION TO RENT TRUCKS, VANS OR TAILERS AND REQUIRE  THAT
MEANINGFUL  ASSURANCES ARE MADE BY THE RENTAL ENTITY TO VERIFY THE IDEN-
TITY 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 OFFICE SHALL DEVELOP AND PROMOTE BEST PRACTICES FOR THE TRUCK
RENTAL INDUSTRY IN THIS STATE, AND WORK TO EDUCATE PERSONS AND  AGENCIES
RENTING TRUCKS, VANS AND TRAILERS ON HOW TO DETECT AND REPORT SUSPICIOUS
ACTIVITY AS DEFINED BY THE OFFICE.
  S  3.  Subdivision  1  of section 396-z of the general business law 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.
  S  4.  Subdivision  1  of section 396-z of the general business law is
amended by adding a new paragraph (d) to read as follows:
  (D) "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.
  S  5. 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.
  S 6. 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 three 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 four of  this  act  shall  take

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effect;  and  provided,  further, that the amendment to section 369-z of
the general business law made by section five of this act shall  survive
the  repeal  and  reversion  of such section as provided in section 2 of
chapter  656  of the laws of 2002, as amended; provided further that any
rules and regulations necessary to implement the provisions of this  act
on  its  effective date are authorized and directed to be promulgated on
or before such effective date.