What's happening
This bill requires truck rental companies to register with the state, verify renters' identities, keep records, and check renters against criminal databases for security purposes.
Why it matters
Introduces state-level oversight and recordkeeping. Truck rental businesses must register with the Division of Homeland Security and Emergency Services and maintain detailed records of all renters for at least two years, potentially aiding investigations but also increasing compliance costs and privacy concerns.
Expands personal data checks and renter disclosures. Renters will be explicitly informed that their personal information may be checked against state and federal criminal databases, raising important issues about privacy, potential profiling, and transparency in how data is used.
Mandates stricter identity verification. Rental companies must require both a valid driver’s license and at least one additional form of identification, along with taking “meaningful assurances” to verify identity, which may reduce fraud and misuse but could affect customer convenience and accessibility.
Creates industry-wide training and reporting standards. The bill requires the state to promote best practices for the truck rental industry, including educating employees and customers on detecting and reporting suspicious activity, potentially enhancing public safety but placing new training obligations on businesses.
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Who cares
Headline styles
Tighten Truck Rental Security
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Truck Rental Security
In Assembly Committee · Governmental Operations · Sponsor Aravella Simotas
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2103
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security 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 Assembly, 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 commissioner 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 regarding training and education for firefighters and first responders which shall include but not be limited to: minimum basic training for firefighters and first responders; in-service training and continuing education; 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01498-01-9
S. 2103 2
(i) any person or organization, or any subsidiary or affiliate, including a franchise, in the business of renting trucks, vans or trailers 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 trailers 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 security
Purpose or general idea of bill
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 specific 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 compa- nies 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 terror- ists.
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. 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.
Prior legislative history
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
To be determined.
Effective date
90 days after it becomes law, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.