S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    853
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- 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 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.  Paragraphs (s), (t) and (u) of subdivision  2  of  section
 709  of the executive law, paragraph (s) as amended and paragraph (t) as
 added by section 14 and paragraph (u) as added by section 22 of  part  B
 of  chapter  56 of the laws of 2010, are amended and a new paragraph (v)
 is added to read as follows:
   (s) work in consultation with or make recommendations to  the  commis-
 sioner  of  agriculture  and markets in developing rules and regulations
 relating to ammonium nitrate security; [and]
   (t) develop, maintain, and deploy state, regional and local all-hazard
 incident management teams[.];
   (u) [Notwithstanding] NOTWITHSTANDING article six-C of  this  chapter,
 or any other provision of law to the contrary, [the division of homeland
 security  and emergency services shall] establish best practices regard-
 ing training and education for firefighters and first  responders  which
 shall  include  but  not be limited to: minimum basic training for fire-
 fighters and first responders; in-service training and continuing educa-
 tion; and specialized training as it may apply to the specific duties of
 a category of emergency personnel[.]; AND
   (V) 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01498-01-9

 A. 853                              2
 
 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
 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  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  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 and directed
 to be promulgated on or before such effective date.