senate Bill S1914

2013-2014 Legislative Session

Requires motor vehicle carriers to be identified in English

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jun 21, 2013 recommitted to rules
Jun 12, 2013 ordered to third reading cal.1312
committee discharged and committed to rules
Jan 09, 2013 referred to consumer protection

Votes

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Jun 17, 2013 - Rules committee Vote

S1914
20
1
committee
20
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S1914
20
1
committee
20
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S1914 - Bill Details

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

S1914 - Bill Texts

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Requires motor vehicle carriers to be identified in English.

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BILL NUMBER:S1914

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 activ-
ity.

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 busi-
nesses, services. For both safety and economic reasons, this legislation
is essential.

LEGISLATIVE HISTORY: 2011 - 2012: S. 1254 - 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.

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

                                  1914

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04964-01-3

S. 1914                             2

PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
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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