S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8856--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ, TAYLOR, COOK -- Multi-Sponsored by -- M.
   of A. SIMON -- read once and referred to the Committee on Governmental
   Operations -- recommitted to the Committee on Governmental  Operations
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13763-03-8

              

 A. 8856--A                          2
 
   (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;
   (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.