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A03564 Summary:

A03564 Actions:

A03564 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:04/30/2019AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Excused
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Excused
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A03564 Floor Votes:

A03564 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3564
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Codes
 
        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
    22  any further violations, without requiring proof that any person has,  in
    23  fact, been injured or damaged thereby.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00083-01-9
        A. 3564                             2
 
     1    In  any such proceeding, the court may make allowances to the attorney
     2  general as provided in paragraph  six  of  subdivision  (a)  of  section
     3  eighty-three  hundred  three  of  the  civil practice law and rules, and
     4  direct restitution.  Whenever the court shall determine that a violation
     5  of  section  one  hundred ninety-one of this article or any provision of
     6  any authorized rule or regulation promulgated pursuant  to  section  one
     7  hundred  ninety-one  of  this  article  has occurred, the court may also
     8  impose a civil penalty of not more than one thousand  dollars  for  each
     9  violation.  In connection with any such proposed application, the attor-
    10  ney general is authorized to take proof and make a determination of  the
    11  relevant facts and to issue subpoenas in accordance with the civil prac-
    12  tice law and rules.
    13    §  2.  This  act  shall take effect on the sixtieth day after it shall
    14  have become a law.