New York State Assembly

 
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A07994 Summary:

A07994 Actions:

A07994 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:03/15/2022AYE/NAY:25/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Aye
Perry
Excused
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Thiele
Aye
Miller
Aye
Bronson
Aye
Norris
Aye
Simon
Aye
DeStefano
Aye
Hunter
Aye
Walczyk
Aye
Hyndman
Aye
Williams
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Darling
Aye
Wallace
Aye
Burgos
Aye
Gallagher
Aye
Mitaynes
Aye
Sillitti
Aye

Committee:CODES   Chair:Dinowitz      
DATE:03/22/2022AYE/NAY:21/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Excused
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye

A07994 Floor Votes:

A07994 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7994--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 4, 2021
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Transportation -- recommitted to the Committee on Transportation in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to amend the transportation law, in relation to the enforcement
          of provisions relating to certification of carriers of household goods
          by motor vehicles
 
          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  rules  or  regulations promulgated pursuant thereto.   The attorney
     5  general, in response to a request by the  commissioner  or  a  complaint
     6  from  a  consumer, or on the attorney general's own initiative, may seek
     7  equitable relief to restrain any violation or  threatened  violation  of
     8  section  one  hundred ninety-one of this article requiring certification
     9  of common carriers of  household  goods  or  any  rules  or  regulations
    10  promulgated  pursuant  to  such  section.  Whenever  there  shall  be  a
    11  violation of section one hundred ninety-one of this article or any  rule
    12  or  regulation  promulgated pursuant thereto, an application may be made
    13  by the attorney general in the name of the people of the  state  of  New
    14  York  to  a court or justice having jurisdiction by a special proceeding
    15  to issue an injunction and upon notice to the defendant of not less than
    16  five days, to enjoin and restrain the continuance of such  violation  or
    17  to enforce the provisions of such section or such rules and regulations.
    18  If  it shall appear to the satisfaction of the court or justice that the
    19  defendant has, in fact, violated section one hundred ninety-one of  this
    20  article  or  any  rules  or regulations promulgated pursuant thereto, an
    21  injunction may be  issued  by  such  court  or  justice,  enjoining  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11744-02-2
        A. 7994--A                          2
 
     1  restraining  any  further  violation,  without  requiring proof that any
     2  person has, in 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 rules or  regu-
     8  lations promulgated pursuant to such section has occurred, the court may
     9  also  impose  a  civil  penalty  of  up to one thousand dollars for each
    10  violation. In connection with any such proposed application, the  attor-
    11  ney  general  may  take  proof  and make a determination of the relevant
    12  facts and issue subpoenas in accordance with the civil practice law  and
    13  rules.
    14    §  2.  This  act shall take effect on the thirtieth day after it shall
    15  have become a law.