A07600 Summary:

BILL NO    A07600 

SAME AS    SAME AS S03358-A

SPONSOR    Cusick

COSPNSR    

MLTSPNSR   

Add SS270.40, 270.45 & 270.50, Pen L

Establishes the crimes of unlawfully operating as a common carrier of property
by motor vehicle transporting household goods in the first, second, and third
degree prohibiting a person operating as a common carrier of property by motor
vehicle transporting household goods if he or she is not licensed to do so.
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A07600 Actions:

BILL NO    A07600 

05/20/2015 referred to codes
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A07600 Votes:

There are no votes for this bill in this legislative session.
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A07600 Memo:

BILL NUMBER:A7600

TITLE OF BILL:  An act to amend the penal law, in relation to
penalties for unlawfully operating as a common carrier of property by
motor vehicle transporting household goods

PURPOSE OR GENERAL IDEA OF BILL: This proposal bill would amend
Article 270 of the Penal Law by adding a new section creating the
crimes of unlawfully operating as a common carrier of property by
motor vehicle transporting household goods in the first, second and
third degree

SUMMARY OF SPECIFIC PROVISIONS: Three new sections are added to the
penal law; 270.40, 270.45 and 270.50.

JUSTIFICATION: In order to operate as a mover in the State of New
York, the person or company must be issued a certificate of authority
by the New York State Department of Transportation. Of late, the
instances of people and businesses holding themselves out to be movers
without having valid authority have increased significantly.  With new
technology, such as Craigslist and Facebook, people are able to hold
themselves out as movers more easily. The Department cannot keep up
with the influx of complaints of illegal movers. Further, the
Department has very few tools available to discourage and punish those
operating as illegal movers.

This legislation is designed to create the crime of illegal moving.
Under current law, if someone is found to be operating as a mover
without valid authority, the Department can impose a penalty and in
some instances try to suspend the movers drivers' license. However,
the penalties are such that a violation results in a minor fine that
does not serve as a deterrent to others. In addition, there is no
significant way to curtail a bad apple from simply changing a business
name and going back out to do more illegal moves.

This legislation would allow law enforcement to become involved and
create criminal penalties for those who are operating without proper
authority. Illegal movers must be stopped. They pose a significant
risk to consumers in New York. Moving in New York is a regulated
industry. The regulations are designed to protect consumers and ensure
that their personal items are moved in an effective, efficient and
respectful manner.

Many illegal movers do not respect the consumer and have been known to
damage and/or steal personal items. In addition, there have been many
instances were illegal movers have held a customer's goods until such
time as the customer pays additional money to the illegal mover in
order to get what is rightfully theirs. Further, if something is
damaged or destroyed, an illegal mover is likely not insured and
therefore the customer has no recourse for being compensated for their
damaged property.

Illegal movers are also a problem for the State of New York. Illegals
are not complying with important New York State laws such as workers
compensation laws or applicable labor laws. They are also not paying
proper sales tax to the State. If the number of illegal movers can be
decreased, it will help the State of New York as well as consumers.


Further, it will help movers who have valid authority issued by the
Department of Transportation who are following the rules and
regulations and must try to compete in an environment where the
illegal movers undercut them at every turn.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.
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A07600 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7600

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 20, 2015
                                      ___________

       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Codes

       AN  ACT  to amend the penal law, in relation to penalties for unlawfully
         operating as a common carrier of property by motor vehicle  transport-
         ing household goods

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The penal law is  amended  by  adding  three  new  sections
    2  270.40, 270.45, and 270.50 to read as follows:
    3  S 270.40 UNLAWFULLY  OPERATING  AS A COMMON CARRIER OF PROPERTY BY MOTOR
    4             VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE THIRD DEGREE.
    5    A PERSON IS GUILTY OF UNLAWFULLY OPERATING  AS  A  COMMON  CARRIER  OF
    6  PROPERTY  BY  MOTOR  VEHICLE  TRANSPORTING  HOUSEHOLD GOODS IN THE THIRD
    7  DEGREE WHEN HE OR SHE OPERATES AS A COMMON CARRIER OF PROPERTY BY  MOTOR
    8  VEHICLE  TRANSPORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION
    9  OF HOUSEHOLD GOODS FOR COMPENSATION AND HE OR SHE IS NOT  REGISTERED  AS
   10  REQUIRED BY SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW.
   11    UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
   12  TRANSPORTING HOUSEHOLD GOODS IN THE THIRD DEGREE IS A CLASS B  MISDEMEA-
   13  NOR.
   14  S 270.45 UNLAWFULLY  OPERATING  AS A COMMON CARRIER OF PROPERTY BY MOTOR
   15             VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE.
   16    A PERSON IS GUILTY OF UNLAWFULLY OPERATING  AS  A  COMMON  CARRIER  OF
   17  PROPERTY  BY  MOTOR  VEHICLE  TRANSPORTING HOUSEHOLD GOODS IN THE SECOND
   18  DEGREE WHEN HE OR SHE:
   19    1. OPERATES AS A COMMON CARRIER OF PROPERTY BY  MOTOR  VEHICLE  TRANS-
   20  PORTING  HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF HOUSEHOLD
   21  GOODS FOR COMPENSATION AND HE OR SHE IS NOT REGISTERED  AS  REQUIRED  BY
   22  SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11137-01-5
       A. 7600                             2

    1    2.  HAS  PREVIOUSLY  BEEN  FOUND  GUILTY  OF UNLAWFULLY OPERATING AS A
    2  COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
    3  IN THE THIRD DEGREE PURSUANT TO SECTION 270.40 OF THIS ARTICLE.
    4    UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
    5  TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
    6  NOR.
    7  S 270.50 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY  BY  MOTOR
    8             VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE.
    9    A  PERSON  IS  GUILTY  OF  UNLAWFULLY OPERATING AS A COMMON CARRIER OF
   10  PROPERTY BY MOTOR VEHICLE TRANSPORTING  HOUSEHOLD  GOODS  IN  THE  FIRST
   11  DEGREE WHEN HE OR SHE:
   12    1.  OPERATES  AS  A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANS-
   13  PORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF  HOUSEHOLD
   14  GOODS  FOR  COMPENSATION  AND HE OR SHE IS NOT REGISTERED AS REQUIRED BY
   15  SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND
   16    2. HAS PREVIOUSLY BEEN FOUND  GUILTY  OF  UNLAWFULLY  OPERATING  AS  A
   17  COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
   18  IN THE SECOND DEGREE PURSUANT TO SECTION 270.45 OF THIS ARTICLE.
   19    UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
   20  TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE IS A CLASS E FELONY.
   21    S 2. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.
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