Assembly Bill A2015A

                            
 
                     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

              

 A. 2015                             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.
 § 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.