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.
STATE OF NEW YORK
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2591--A
Cal. No. 823
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sens. LANZA, GOLDEN -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes -- recommitted
to the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07966-03-8
S. 2591--A 2
1 tion may be issued by the court or justice, enjoining and restraining
2 any further violations, without requiring proof that any person has, in
3 fact, been injured or damaged thereby.
4 In any such proceeding, the court may make allowances to the attorney
5 general as provided in paragraph six of subdivision (a) of section
6 eighty-three hundred three of the civil practice law and rules, and
7 direct restitution. Whenever the court shall determine that a violation
8 of section one hundred ninety-one of this article or any provision of
9 any authorized rule or regulation promulgated pursuant to section one
10 hundred ninety-one of this article has occurred, the court may also
11 impose a civil penalty of not more than one thousand dollars for each
12 violation. In connection with any such proposed application, the attor-
13 ney general is authorized to take proof and make a determination of the
14 relevant facts and to issue subpoenas in accordance with the civil prac-
15 tice law and rules.
16 § 2. This act shall take effect on the sixtieth day after it shall
17 have become a law.
