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 |
Senate Bill S3358A
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
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
Actions
Votes
Bill Amendments
2015-S3358 - Details
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
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
co-Sponsors
(R, C) Senate District
2015-S3358A (ACTIVE) - Details
2015-S3358A (ACTIVE) - 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-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
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
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