NY State Senate Bill 2015-S3358A

Senate Bill S3358A

2015-2016 Legislative Session

Establishes the crimes of unlawfully operating as a common carrier of property by motor vehicle transporting household goods in the first, second, and third degree

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Jun 25, 2015	recommitted to rules
Jun 01, 2015	ordered to third reading cal.1162 committee discharged and committed to rules
May 18, 2015	print number 3358a
May 18, 2015	amend (t) and recommit to transportation
Feb 05, 2015	referred to transportation

Votes

- Jun 1, 2015 - Rules Committee Vote
  S3358A
  
  20
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2015
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Krueger
      
      Montgomery
      
      Perkins
      
      excused (2)
      
      Hassell-Thompson
      
      Parker

Bill Amendments

Original

A (Active)

2015-S3358 - Details

See Assembly Version of this Bill:: A7600
Current Committee:: Senate Transportation
Law Section:: Penal Law
Laws Affected:: Add §§270.40, 270.45 & 270.50, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5002
2017-2018: S2591, A2015
2019-2020: S1785, A3564
2021-2022: S4564, A7420

2015-S3358 - Summary

Establishes the crimes of unlawfully operating as a common carrier of property by motor vehicle transporting household goods in the first, second, and third degree prohibiting a person operating as a common carrier of property by motor vehicle transporting household goods if he or she is not licensed to do so.

2015-S3358 - Sponsor Memo

                                BILL NUMBER:S3358

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

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.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivisions 3 and 4 of section 145 of the
transportation law. Section 2 is the effective date.

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 Craig's List 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 registrations of vehicles owned or operated by these movers.
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 where 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.

PRIOR LEGISLATIVE HISTORY:

S.5002-A Passed Senate / A7358-A Referred to Codes.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S3358 - Bill Text download pdf

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

                                  3358

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

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 SEVEN THOUSAND FIVE
HUNDRED DOLLARS IN ANY ONE PROCEEDING UPON ANY PERSON IF THE COMMISSION-
ER FINDS THAT SUCH PERSON OR OFFICER,  AGENT  OR  EMPLOYEE  THEREOF  HAS
FAILED  TO COMPLY WITH THE 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
hearing.   Provided, however, that if a person shall apply for a rehear-
ing 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01785-01-5

S. 3358                             2

Further 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. 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 IF AFTER NOTICE AND OPPOR-
TUNITY TO BE HEARD, THE COMMISSIONER  SHALL  FIND  THAT  ANY  PERSON  OR
PERSONS HAS VIOLATED THE PROVISIONS OF ARTICLE NINE 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 REGISTRATIONS OF ALL MOTOR VEHICLES OWNED OR OPER-
ATED BY SUCH PERSON OR  PERSONS  EXCEPT  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
commissioner of motor vehicles has reasonable grounds  to  believe  that
such  registration  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. Operation of any motor vehicle while under suspension  as  [herein]
provided IN THIS PARAGRAPH shall constitute a class A misdemeanor.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

2015-S3358A (ACTIVE) - Details

See Assembly Version of this Bill:: A7600
Current Committee:: Senate Transportation
Law Section:: Penal Law
Laws Affected:: Add §§270.40, 270.45 & 270.50, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5002
2017-2018: S2591, A2015
2019-2020: S1785, A3564
2021-2022: S4564, A7420

2015-S3358A (ACTIVE) - Summary

2015-S3358A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3358A

TITLE OF BILL:

An act to amend the penal law, in relation to penalties for unlawfully
operating as a common carrier of property by motor vehicle
transporting household goods

PURPOSE OR GENERAL IDEA OF BILL:

This proposal bill would amend Article 270 of the Penal Law by adding
a new section creating the crimes of unlawfully operating as a common
carrier of property by motor vehicle transporting household goods in
the first, second and third degree

SUMMARY OF SPECIFIC PROVISIONS:

Three new sections are added to the penal law; 270.40, 270.45 and
270.50.

JUSTIFICATION:

In order to operate as a mover in the State of New York, the person or
company must be issued a certificate of authority by the New York
State Department of Transportation. Of late, the instances of people
and businesses holding themselves out to be movers without having

valid authority have increased significantly.  With new technology,
such as Craigslist and Facebook, people are able to hold themselves
out as movers more easily. The Department cannot keep up with the
influx of complaints of illegal movers. Further, the Department has
very few tools available to discourage and punish those operating as
illegal movers.

This legislation is designed to create the crime of illegal moving.
Under current law, if someone is found to be operating as a mover
without valid authority, the Department can impose a penalty and in
some instances try to suspend the movers drivers' license. However,
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 allow law enforcement to become involved and
create criminal penalties for those who are operating without proper
authority. Illegal movers must be stopped. They pose a significant
risk to consumers in New York. Moving in New York is a regulated
industry. The regulations are 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. Illegals
are not complying with important New York State laws such as workers
compensation laws or applicable labor laws. They are also not paying
proper sales tax to the State. If the number of illegal movers can be
decreased, it will help the State of New York as well as consumers.
Further, it will help movers who have valid authority issued by the
Department of Transportation who are following the rules and
regulations and must try to compete in an environment where the
illegal movers undercut them at every turn.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

1st of November after enactment.

2015-S3358A (ACTIVE) - Bill Text download pdf

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

                                 3358--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, in relation to penalties  for  unlawfully
  operating  as a common carrier of property by motor vehicle transport-
  ing household goods

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

  Section  1.  The  penal  law  is  amended by adding three new sections
270.40, 270.45, and 270.50 to read as follows:
S 270.40 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY  BY  MOTOR
           VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFULLY OPERATING AS A COMMON CARRIER OF
PROPERTY BY MOTOR VEHICLE TRANSPORTING  HOUSEHOLD  GOODS  IN  THE  THIRD
DEGREE  WHEN HE OR SHE OPERATES AS A COMMON CARRIER OF PROPERTY BY MOTOR
VEHICLE TRANSPORTING HOUSEHOLD GOODS OR SOLICITS FOR THE  TRANSPORTATION
OF  HOUSEHOLD  GOODS FOR COMPENSATION AND HE OR SHE IS NOT REGISTERED AS
REQUIRED BY SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW.
  UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR  VEHICLE
TRANSPORTING  HOUSEHOLD GOODS IN THE THIRD DEGREE IS A CLASS B MISDEMEA-
NOR.
S 270.45 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY  BY  MOTOR
           VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFULLY OPERATING AS A COMMON CARRIER OF
PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD  GOODS  IN  THE  SECOND
DEGREE WHEN HE OR SHE:
  1.  OPERATES  AS  A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANS-
PORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF  HOUSEHOLD
GOODS  FOR  COMPENSATION  AND HE OR SHE IS NOT REGISTERED AS REQUIRED BY
SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01785-02-5

S. 3358--A                          2

  2. HAS PREVIOUSLY BEEN FOUND  GUILTY  OF  UNLAWFULLY  OPERATING  AS  A
COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
IN THE THIRD DEGREE PURSUANT TO SECTION 270.40 OF THIS ARTICLE.
  UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 270.50 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY  BY  MOTOR
           VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFULLY OPERATING AS A COMMON CARRIER OF
PROPERTY BY MOTOR VEHICLE TRANSPORTING  HOUSEHOLD  GOODS  IN  THE  FIRST
DEGREE WHEN HE OR SHE:
  1.  OPERATES  AS  A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANS-
PORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF  HOUSEHOLD
GOODS  FOR  COMPENSATION  AND HE OR SHE IS NOT REGISTERED AS REQUIRED BY
SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND
  2. HAS PREVIOUSLY BEEN FOUND  GUILTY  OF  UNLAWFULLY  OPERATING  AS  A
COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
IN THE SECOND DEGREE PURSUANT TO SECTION 270.45 OF THIS ARTICLE.
  UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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