|SAME AS||No Same As|
|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.|
|01/17/2017||referred to codes|
|01/03/2018||referred to codes|
|06/14/2018||amend (t) and recommit to codes|
|06/14/2018||print number 2015a|
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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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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. LBD07966-02-8A. 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.