senate Bill S5002A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1467
committee discharged and committed to rules
Jun 02, 2014 print number 5002a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Jun 11, 2013 referred to transportation
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1206
committee discharged and committed to rules
May 03, 2013 referred to transportation

Votes

view votes

Jun 16, 2014 - Rules committee Vote

S5002A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 10, 2013 - Rules committee Vote

S5002
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S5002 - Bill Details

See Assembly Version of this Bill:
A7358A
Current Committee:
Assembly Codes
Law Section:
Transportation Law
Laws Affected:
Amd §145, Transp L

S5002 - Bill Texts

view 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.

view 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.

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                    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.

S5002A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7358A
Current Committee:
Assembly Codes
Law Section:
Transportation Law
Laws Affected:
Amd §145, Transp L

S5002A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5002A

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: New bill.

FISCAL IMPLICATIONS: None.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5002--A

                       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  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10750-03-4

S. 5002--A                          2

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.
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.

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