NY State Senate Bill 2023-S1502

Senate Bill S1502

2023-2024 Legislative Session

Directs the division of homeland security and emergency services to establish rules and regulations providing for truck rental security

download bill text pdf

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to veterans, homeland security and military affairs
Jan 12, 2023	referred to veterans, homeland security and military affairs

2023-S1502 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §709, Exec L; amd §396-z, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4719
2011-2012: S2532
2013-2014: S601
2015-2016: S2475
2017-2018: S3135
2019-2020: S2103
2021-2022: S1233

2023-S1502 (ACTIVE) - Summary

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.

2023-S1502 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1502

SPONSOR: GIANARIS
 
TITLE OF BILL:

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 secu-
rity

 
PURPOSE:

This bill seeks to strengthen the security procedures for the consumer
truck rental industry in an effort to protect against future acts of
terrorism.

 
SUMMARY OF PROVISIONS:

This bill amends the executive law by adding to the powers and duties of
the New York State Office of Homeland Security a new section directing
the Office of Homeland Security to work in conjunction with the Depart-
ment of Transportation to promulgate rules and regulations to ensure

that:

Truck rental companies register with the state and maintain accurate
records for at least two years.

A valid drivers license and at least one other form of identification is
needed to rent vehicles, and that rental companies make reasonable
assurances to verify the identity of a person renting vehicles. A mech-
anism must be in place so that those renting trucks can be checked
against state or federal criminal databases for the purposes of screen-
ing for possible terrorists.

The Office of Homeland Security will develop and promote best practices
for the truck rental industry and work to educate those in the industry
on bow to detect and report suspicious activity.

Sections 2 and 3 of the bill amend subdivision 1 of section 396-z of the
general business law by adding new paragraphs (k) and (d) to define a
truck rental company.

Section 4 of the bill adds subdivision 13-b to section 396-z of the
general business law requiring truck rental companies to provide notice
to individuals entering into rental agreements that their name and
information may be checked against state or federal criminal databases
for the purposes of screening fox possible terrorists.

Section 5 sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

Terrorist operatives worldwide have relied on vehicle-borne improvised
explosive devices as a method of attack. This tactic has resulted in the
loss of many Americans, notably in the 1993 World Trade center and 1995
Oklahoma City bombings. The World Trade Center and Oklahoma City attacks
were carried out with rented vehicles, highlighting the need for aware-
ness among rental agencies. Similarly, the person of interest in the
2022 Brooklyn subway mass shooting rented a U-Haul van which was found
with a number of weapons inside. Despite this fact, security standards
still vary greatly within the truck rental industry. This measure will
provide for minimum security standards within the industry and shore up
a vulnerability that still exists despite repeated attacks.

 
LEGISLATIVE HISTORY:

2022: Died in Veterans, Homeland Security and Military Affairs

2021: Died in Veterans, Homeland Security and Military Affairs

2020: Died in Veterans, Homeland Security and Military Affairs

2019: Died in Veterans, Homeland Security and Military Affairs

2018: Died in Veterans, Homeland Security and Military Affairs

2017: Died in Veterans, Homeland Security and Military Affairs

2016: Died in Veterans, Homeland Security and Military Affairs

2015: Died in Veterans, Homeland Security and Military Affairs

2014: Senate Bill 601 (Gianaris) - Died in Senate Veterans, Homeland
Security and Military Affairs Committee

2012: Senate Bill 2532 (Gianaris) - Died in Senate Veterans, Homeland
Security and Military Affairs Committee

2012: Assembly Bill 4876 (Simotas) Died in Assembly Governmental Oper-
ations Committee

2010: Senate Bill 4719 (Leibell) - Died in Senate Veterans, Homeland
Security and Military Affairs Committee

2010: Assembly Bill 3615 (Gianaris)Died in Assembly Governmental Oper-
ations Committee

2008: Senate Bill 3638 (Leibell) - Died in Senate Veterans, Homeland
Security and Military Affairs Committee

2008: Assembly Bill 1861 (Gianaris) - Died in Assembly Governmental
Operations Committee

2006: Senate Bill 4495-B (Balboni) - Passed Senate 60-0 (6/22/06)

2006: Assembly Bill 11121-A (Gianaris) - Died in Assembly Governmental
Operations Committee

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:
Click here

 
EFFECTIVE DATE:
90 days after it becomes law, with provisions.

2023-S1502 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1502
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Subdivision 2 of  section  709  of  the  executive  law  is
 amended by adding a new paragraph (w) is added to read as follows:
   (W)  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05272-01-3

 S. 1502                             2
 
 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  to  be
 promulgated on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.