senate Bill S1254

Requires motor vehicle carriers to be identified in English

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires motor vehicle carriers to be identified in English.

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Bill Details

Versions:
S1254
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง390-d, Gen Bus L
Versions Introduced in 2009-2010 Legislative Cycle:
S7886

Sponsor Memo

BILL NUMBER:S1254

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring motor vehicle
carriers to be identified in English

PURPOSE:
From a safety standpoint, to allow the public to properly identify a
business and call in an emergency if the business is believed to
warrant some form of illegal activity. From an economic standpoint,
to create greater awareness amongst the public of a businesses'
services and the potential of that business garnering increased
business activity.

SUMMARY OF PROVISIONS:
New section 390-d is amended in to the General Business law.

EXISTING LAW:
There is no current law that states the English language must be
featured on all motor vehicle earners.

JUSTIFICATION:
Some portions in New York state are largely tailored to a secondary
language. In the event of a service or incident, it is difficult for
some to determine the contact information of that business entity if
that person is not familiar with the secondary language. This
legislation assumes all motor vehicle carriers to identify in
addition to their native language an English interpretation of their
business with legible contact information. In addition, it is
perceived business activity will grow in volume as the public is more
aware of that businesses' services. For both safety and economic
reasons, this legislation is essential.

LEGISLATIVE HISTORY:
2010: S.7886 - Referred to Consumer Protection

FISCAL IMPLICATIONS:
Nominal costs are expected for motor vehicle carriers to comply with
the legislative intent of this bill.

EFFECTIVE DATE:
Shall take effect on the ninetieth day after it becomes a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1254

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to requiring motor
  vehicle carriers to be identified in English

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
390-d to read as follows:
  S  390-D. IDENTIFICATION OF MOTOR CARRIERS. 1. NO PERSON, FIRM, CORPO-
RATION, ASSOCIATION OR OTHER BUSINESS ENTITY  SHALL  OPERATE  ANY  MOTOR
VEHICLE  CARRIER  WITHOUT  IDENTIFYING  THE  NAME  OF SUCH MOTOR VEHICLE
CARRIER ON EACH MOTOR VEHICLE IN ENGLISH IN A  FORM  AND  MANNER  TO  BE
DETERMINED BY THE COMMISSIONER OF MOTOR VEHICLES.
  2.  FOR  THE  PURPOSES  OF THIS SECTION, "MOTOR VEHICLE CARRIER" SHALL
MEAN ANY COMMON CARRIER OF PASSENGERS BY MOTOR VEHICLE,  COMMON  CARRIER
OF  PROPERTY  BY  MOTOR VEHICLE, CONTRACT CARRIER OF PASSENGERS BY MOTOR
VEHICLE, AND CONTRACT CARRIER OF PROPERTY BY MOTOR VEHICLE AS SUCH TERMS
ARE DEFINED IN SUBDIVISIONS SEVEN, EIGHT, NINE AND TEN, RESPECTIVELY, OF
SECTION TWO OF THE TRANSPORTATION LAW WHEN SUCH COMMON CARRIERS  POSSESS
SUCH APPROPRIATE OPERATING AUTHORITY AS IS REQUIRED BY APPLICABLE LAW.
  3.  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATIONS;  AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02028-01-1

S. 1254                             2

PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION. EACH INCIDENCE OF A  MOTOR
VEHICLE  CARRIER  NOT  LABELED  IN  ENGLISH IN VIOLATION OF THIS SECTION
SHALL CONSTITUTE A SEPARATE  VIOLATION.  IN  CONNECTION  WITH  ANY  SUCH
PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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