Assembly Bill A2015A

2017-2018 Legislative Session

Relates to the enforcement of provisions relating to carriers of household goods by motor vehicles

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Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

2017-A2015 - Details

See Senate Version of this Bill:
S2591
Current Committee:
Senate Rules
Law Section:
Transportation Law
Laws Affected:
Add §198-a, Transp L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5002
2015-2016: A7600, S3358
2019-2020: A3564, S1785
2021-2022: A7420, S4564

2017-A2015 - Summary

Relates to the enforcement of provisions relating to carriers of household goods by motor vehicle; authorizes the attorney general to seek an injunction to enjoin and restrain the continuance or threat of certain violations by such carriers.

2017-A2015 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2015
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Codes
 
 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:
 § 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.
 § 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.
                                                            LBD07966-01-7

2017-A2015A (ACTIVE) - Details

See Senate Version of this Bill:
S2591
Current Committee:
Senate Rules
Law Section:
Transportation Law
Laws Affected:
Add §198-a, Transp L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5002
2015-2016: A7600, S3358
2019-2020: A3564, S1785
2021-2022: A7420, S4564

2017-A2015A (ACTIVE) - Summary

Relates to the enforcement of provisions relating to carriers of household goods by motor vehicle; authorizes the attorney general to seek an injunction to enjoin and restrain the continuance or threat of certain violations by such carriers.

2017-A2015A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2015--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on  Codes  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the transportation law, in relation to  the  enforcement
   of  provisions  relating to carriers of household goods by motor vehi-
   cles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The transportation law is amended by adding a new section
 198-a to read as follows:
   § 198-A. ENFORCEMENT. THE DEPARTMENT SHALL ENFORCE  THIS  ARTICLE  AND
 ANY  PROVISION OF ANY AUTHORIZED RULE OR REGULATION PROMULGATED PURSUANT
 TO THIS ARTICLE PROVIDED THAT THE ATTORNEY GENERAL,  IN  RESPONSE  TO  A
 COMPLAINT FROM A CONSUMER, AT THE REQUEST OF THE COMMISSIONER, OR ON THE
 ATTORNEY GENERAL'S OWN INITIATIVE, MAY SEEK EQUITABLE RELIEF TO RESTRAIN
 ANY  VIOLATION OR THREATENED VIOLATION OF SECTION ONE HUNDRED NINETY-ONE
 OF THIS ARTICLE OR ANY PROVISION OF ANY AUTHORIZED  RULE  OR  REGULATION
 PROMULGATED  PURSUANT  TO  SUCH  SECTION.  WHENEVER  THERE  SHALL  BE  A
 VIOLATION OR THREATENED VIOLATION OF SECTION ONE HUNDRED  NINETY-ONE  OF
 THIS  ARTICLE  OR  ANY  PROVISION  OF  ANY AUTHORIZED RULE OR REGULATION
 PROMULGATED PURSUANT TO SUCH 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, SEEKING
 AN INJUNCTION TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH  VIOLATION
 OR  THREATENED  VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
 THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT,  VIOLATED  SECTION
 ONE  HUNDRED  NINETY-ONE OF THIS ARTICLE OR ANY PROVISION OF ANY AUTHOR-
 IZED RULE OR REGULATION PROMULGATED PURSUANT TO SUCH SECTION, AN INJUNC-
 TION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING  AND  RESTRAINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07966-02-8

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