senate Bill S5002

Amended

Increases the penalties for violations of provisions regulating carriers of household goods by motor vehicle

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Sponsor

Bill Status


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

  • 03 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 10 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1206
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 02 / Jun / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 02 / Jun / 2014
    • PRINT NUMBER 5002A
  • 17 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1467
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO CODES

Summary

Increases the penalties for violations of provisions regulating carriers of household goods by motor vehicle; provides that the fine for any such violation may be a maximum of $7,500; and provides for the suspension of the registrations of persons found to have violated such provisions.

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Bill Details

Versions:
S5002
S5002A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Transportation Law
Laws Affected:
Amd ยง145, Transp L

Sponsor Memo

BILL NUMBER:S5002

TITLE OF BILL: An act to amend the transportation law, in relation to
increasing the penalties for violations by carriers of household goods

SUMMARY OF PROVISIONS: This bill would increase the penalties
associated with violating Article 9 of the transportation law related
to the transportation of household goods by motor vehicle.

JUSTIFICATION: In order to operate as a mover in the State of New
York, the person or company must be issued a permit by the New York
State Department of Transportation. Of late, the instances of people
and businesses holding themselves out to be movers without having a
valid permit have increased significantly. With new technology, such
as Craigslist and Facebook, people are able to hold themselves out as
movers easily. The Department cannot keep up with the influx of
complaints and examples of illegal movers.

This legislation is designed to significantly increase the penalties
associated with operating as a mover in New York State without a valid
permit. Currently, 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 increase the fines substantially and
would also give the commissioner of transportation the ability to
suspend not only business vehicle registrations but also private
vehicle registrations. In addition the commissioner would have the
ability to suspend the drivers license of any person operating as an
illegal mover. These penalties are severe enough that this should
curtail individuals from operating as an illegal mover.

Illegal movers pose a significant risk to consumers in New York.
Moving in New York is a regulated industry. This regulation is
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 property.

Illegal movers are also a problem for the State of New York. Illegal
movers are not paying proper sales tax to the State. They are also not
complying with important New York State laws such as workers
compensation laws or applicable labor laws. If the number of illegal
movers can be decreased it will help the State of New York as well as
consumers and the legal movers who are reputable small businesses
struggling against illegal movers that can undercut them at every
turn.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: This act shall take effect the sixtieth day after it
shall have become law.

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

                                  5002

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation  to  increasing  the
  penalties for violations by carriers of household goods

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

  Section 1. Subdivisions 3 and 4 of section 145 of  the  transportation
law,  subdivision  3  as  added  by  chapter 635 of the laws of 1983 and
subdivision 4 as amended by chapter 349 of the laws of 1993, are amended
to read as follows:
  3. In addition to, or in lieu of, any  sanctions  set  forth  in  this
section,  the commissioner may, after a hearing, impose a penalty not to
exceed a maximum of five thousand dollars in any one proceeding upon any
person if the commissioner finds that such person or officer,  agent  or
employee  thereof  has  failed  to  comply with the requirements of this
chapter or any rule, regulation or order of the commissioner promulgated
thereunder; PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY, AFTER A  HEAR-
ING,  IMPOSE  A  PENALTY NOT TO EXCEED A MAXIMUM OF TWENTY-FIVE THOUSAND
DOLLARS IN ANY ONE PROCEEDING UPON ANY PERSON IF THE COMMISSIONER  FINDS
THAT  SUCH  PERSON  OR  OFFICER, AGENT OR EMPLOYEE THEREOF HAS FAILED TO
COMPLY WITH REQUIREMENTS OF ARTICLE NINE  OF  THIS  CHAPTER.    If  such
penalty  is  not  paid  within  four  months,  the amount thereof may be
entered as a judgment in the office of the clerk of the county of Albany
and in any other county in which the person  resides,  has  a  place  of
business  or through which it operates. Thereafter, if said judgment has
not been satisfied within ninety days, any certificate or permit held by
any such person may be revoked upon notice but without a  further  hear-
ing.  Provided, however, that if a person shall apply for a rehearing of
the  determination  of the penalty pursuant to the provisions of section
eighty-nine of this chapter, judgment  shall  not  be  entered  until  a
determination  has been made on the application for a rehearing. Further

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10750-01-3

S. 5002                             2

provided however, that if after a rehearing a  penalty  is  imposed  and
such  penalty  is  not paid within four months of the date of service of
the rehearing decision, the amount of such penalty may be entered  as  a
judgment  in  the office of the clerk of the county of Albany and in any
other county in which the person resides, has a  place  of  business  or
through  which  it  operates.  Thereafter, if said judgment has not been
satisfied within ninety days, any certificate or permit held by any such
person may be revoked upon notice but without a further hearing.
  4. (A) If after notice and opportunity to be heard,  the  commissioner
shall find that any person or persons is or are providing transportation
subject  to regulation under this chapter without having any certificate
or permit, or is or are holding themselves out to the public  by  adver-
tising  or any other means to provide such transportation without having
any certificate or permit or approval from a  city  having  jurisdiction
pursuant  to section eighty of this chapter, the commissioner may notify
the commissioner of motor vehicles to that effect and  the  commissioner
of  motor vehicles shall thereupon suspend the registration or registra-
tions of all motor vehicles owned or operated by such person or  persons
except private passenger automobiles until such time as the commissioner
[of  transportation]  may give notice that the violation has been satis-
factorily adjusted.  PROVIDED, FURTHER, THAT THE COMMISSIONER MAY NOTIFY
THE COMMISSIONER OF MOTOR VEHICLES THAT THERE HAS BEEN  A  VIOLATION  OF
THE  PROVISIONS  OF ARTICLE NINE OF THIS CHAPTER AND THE COMMISSIONER OF
MOTOR VEHICLES SHALL THEREUPON SUSPEND THE REGISTRATION OR REGISTRATIONS
OF ALL MOTOR VEHICLES OWNED OR OPERATED BY THE PERSON  OR  PERSONS,  WHO
COMMITTED SUCH VIOLATIONS, INCLUDING PRIVATE PASSENGER AUTOMOBILES UNTIL
SUCH  TIME  AS  THE  COMMISSIONER MAY GIVE NOTICE THAT THE VIOLATION HAS
BEEN SATISFACTORILY ADJUSTED. The commissioner of motor  vehicles  shall
have  the authority to deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant where it has been determined that such registrant's intent has
been to evade the purposes of this subdivision and where the commission-
er  of motor vehicles has reasonable grounds to believe that such regis-
tration or renewal will have the effect of  defeating  the  purposes  of
this subdivision. The procedure on any such suspension shall be the same
as in the case of a suspension under the vehicle and traffic law. Opera-
tion of any motor vehicle while under suspension as [herein] provided IN
THIS PARAGRAPH shall constitute a class A misdemeanor.
  (B)  IF  AFTER  NOTICE  AND  OPPORTUNITY TO BE HEARD, THE COMMISSIONER
SHALL FIND THAT ANY PERSON OR PERSONS IS OR ARE PROVIDING TRANSPORTATION
SERVICES PURSUANT TO ARTICLE NINE OF THIS  CHAPTER  WITHOUT  HAVING  ANY
CERTIFICATE  OR  PERMIT, THE COMMISSIONER MAY NOTIFY THE COMMISSIONER OF
MOTOR VEHICLES TO THAT EFFECT AND THE  COMMISSIONER  OF  MOTOR  VEHICLES
SHALL  THEREUPON  SUSPEND THE DRIVER'S LICENSE OF SUCH PERSON OR PERSONS
FOUND TO BE OPERATING IN VIOLATION OF ARTICLE NINE OF THIS CHAPTER.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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