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A02015 Summary:

BILL NOA02015A
 
SAME ASNo Same As
 
SPONSORCusick
 
COSPNSR
 
MLTSPNSR
 
Add 198-a, Transp L
 
Relates to the enforcement of provisions relating to carriers of household goods by motor vehicle; authorizes the attorney general to seek an injunction to enjoin and restrain the continuance or threat of certain violations by such carriers.
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A02015 Actions:

BILL NOA02015A
 
01/17/2017referred to codes
01/03/2018referred to codes
06/14/2018amend (t) and recommit to codes
06/14/2018print number 2015a
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A02015 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2015A
 
SPONSOR: Cusick
  TITLE OF BILL: An act to amend the transportation law, in relation to the enforcement of provisions relating to carriers of household goods by motor vehicles   PURPOSE OR GENERAL IDEA OF BILL: This proposal bill would amend Article 9 of the Transportation Law by adding a new section 198-a creating giving the Attorney General enforce- ment power for violations of section 191   SUMMARY OF SPECIFIC PROVISIONS: New section 198-a is added to the transportation law   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 busi- nesses holding themselves out to be movers without having valid authori- ty 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 allow the Attorney General's office to enforce violations of section 191, which is the section that mandates a person operating as a mover in New York have a certificate of authority from the department of transportation. Under current law, if someone is found to be operating as a mover with- out 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 the Attorney General to become involved and investigate and enforce violations for those who are operating without proper authority. Illegal movers must be stopped. They pose a signif- icant 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 proper- ty. 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: 2015-2016: A.7600/5.3358-A - Referred to Codes/Died in Rules.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Sixtieth day after it shall have become law.
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A02015 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2015--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Codes  -- recommitted to the Committee on Codes in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the transportation law, in relation to  the  enforcement
          of  provisions  relating to carriers of household goods by motor vehi-
          cles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The transportation law is amended by adding a new section
     2  198-a to read as follows:
     3    § 198-a. Enforcement. The department shall enforce  this  article  and
     4  any  provision of any authorized rule or regulation promulgated pursuant
     5  to this article provided that the attorney general,  in  response  to  a
     6  complaint from a consumer, at the request of the commissioner, or on the
     7  attorney general's own initiative, may seek equitable relief to restrain
     8  any  violation or threatened violation of section one hundred ninety-one
     9  of this article or any provision of any authorized  rule  or  regulation
    10  promulgated  pursuant  to  such  section.  Whenever  there  shall  be  a
    11  violation or threatened violation of section one hundred  ninety-one  of
    12  this  article  or  any  provision  of  any authorized rule or regulation
    13  promulgated pursuant to such section, an application may be made by  the
    14  attorney general in the name of the people of the state of New York to a
    15  court  or  justice having jurisdiction, by a special proceeding, seeking
    16  an injunction to enjoin and restrain the continuance of  such  violation
    17  or  threatened  violation; and if it shall appear to the satisfaction of
    18  the court or justice that the defendant has, in fact,  violated  section
    19  one  hundred  ninety-one of this article or any provision of any author-
    20  ized rule or regulation promulgated pursuant to such section, an injunc-
    21  tion may be issued by the court or justice,  enjoining  and  restraining
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07966-02-8

        A. 2015--A                          2
 
     1  any  further violations, without requiring proof that any person has, in
     2  fact, been injured or damaged thereby.
     3    In  any such proceeding, the court may make allowances to the attorney
     4  general as provided in paragraph  six  of  subdivision  (a)  of  section
     5  eighty-three  hundred  three  of  the  civil practice law and rules, and
     6  direct restitution.  Whenever the court shall determine that a violation
     7  of section one hundred ninety-one of this article or  any  provision  of
     8  any  authorized  rule  or regulation promulgated pursuant to section one
     9  hundred ninety-one of this article has  occurred,  the  court  may  also
    10  impose  a  civil  penalty of not more than one thousand dollars for each
    11  violation. In connection with any such proposed application, the  attor-
    12  ney  general is authorized to take proof and make a determination of the
    13  relevant facts and to issue subpoenas in accordance with the civil prac-
    14  tice law and rules.
    15    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    16  have become a law.
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