Enacts the "vehicle ramming prevention act"; directs the division of homeland security and emergency services to establish and distribute a suspicious rental activity guidance poster; directs the division of homeland security and emergency service to provide the national hotline contact number for vehicle rental companies to report suspicious rental activity; directs such division to educate vehicle rental companies on what behavior constitutes suspicious rental activity; and in turn such companies shall educate their employees on suspicious rental activity.
STATE OF NEW YORK
________________________________________________________________________
6860
2019-2020 Regular Sessions
IN ASSEMBLY
March 22, 2019
___________
Introduced by M. of A. ORTIZ, TAYLOR, COOK -- read once and referred to
the Committee on Governmental Operations
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "vehicle ramming prevention act".
3 § 2. The executive law is amended by adding a new section 719 to read
4 as follows:
5 § 719. Suspicious rental activity. 1. For purposes of this section,
6 "rental vehicle company" shall have the same meaning as defined in para-
7 graph (c) of subdivision one of section three hundred ninety-six-z of
8 the general business law provided, however, the requirements of this
9 section shall only apply to the offices, departments and employees of
10 the rental vehicle company that handle and facilitate vehicle rentals.
11 2. The division shall establish and distribute a guidance poster
12 containing information, consistent with federal law enforcement recom-
13 mendations, on suspicious rental vehicle activity and procedures for
14 rental vehicle company employees to follow to assist in preventing vehi-
15 cle ramming attacks. The poster shall include, but not be limited to:
16 (a) a list of potentially suspicious activities that individually or
17 in combination may be reportable including, but not limited to:
18 (i) customer behaviors that may be considered suspicious;
19 (ii) suspicious factors that an employee should be aware of when a
20 rental vehicle is returned, such as whether the vehicle smells like
21 chemicals and whether the vehicle was altered; and
22 (iii) suspicious rental practices such as using cash for large trans-
23 actions;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05583-01-9
A. 6860 2
1 (b) the national hotline number for an employee to use if they suspect
2 illegal activity; and
3 (c) any other information deemed important by the division that would
4 assist employees of rental vehicle companies in identifying suspicious
5 rental activity.
6 3. Every rental vehicle company shall post such poster in a conspicu-
7 ous place in a location frequented by employees, such as a break room.
8 4. Every rental vehicle company shall maintain and provide to the
9 division a twenty-four hour a day contact number by which state or local
10 law enforcement may reach appropriate personnel for the handling of
11 communications related to suspected terrorist activity.
12 5. The division shall take such steps as necessary to educate rental
13 vehicle companies on what may be considered suspicious rental activity
14 and on the existence and use of the national hotline. The commissioner
15 of homeland security and emergency services, in consultation with the
16 superintendent of state police and federal law enforcement authorities,
17 shall update the recommendations or general guidance provided pursuant
18 to subdivision two of this section on an annual basis to commercial
19 motor carrier and rental vehicle companies to enhance protections
20 against a terrorist attack.
21 6. Each rental vehicle company shall conduct annual training for
22 employees responsible for the rental or safeguarding of any vehicles.
23 Such training shall include information from state and federal law
24 enforcement provided pursuant to subdivision two of this section on how
25 employees can spot and report suspicious rental activity.
26 7. No rental vehicle company, nor any employee or agent thereof shall
27 be liable for any civil damages for injuries resulting from any act of
28 commission or omission on his or her part in the course of his or her
29 compliance with the provisions of this section, unless it is established
30 that such injuries were caused by gross negligence, or reckless, wanton
31 or intentional misconduct, on the part of such rental vehicle company,
32 or any employee or agent thereof.
33 § 3. This act shall take effect on the ninetieth day after it shall
34 have become a law.
