NY State Senate Bill 2017-S2591A

Senate Bill S2591A

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 18, 2018	amended on third reading (t) 2591a
Apr 23, 2018	advanced to third reading
Apr 18, 2018	2nd report cal.
Apr 17, 2018	1st report cal.823
Jan 03, 2018	referred to codes
Jun 21, 2017	committed to rules
Jan 30, 2017	advanced to third reading
Jan 24, 2017	2nd report cal.
Jan 23, 2017	1st report cal.81
Jan 13, 2017	referred to codes

Votes

- Apr 17, 2018 - Codes Committee Vote
  S2591A
  
  12
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 17, 2018
      
      aye (12)
      
      Akshar
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (4)
      
      Bailey
      
      Hoylman-Sigal
      
      Krueger
      
      Little
  Jan 23, 2017 - Codes Committee Vote
  S2591A
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 23, 2017
      
      aye (13)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Savino
      
      Squadron
      
      Tedisco
      
      aye wr (2)
      
      Croci
      
      Hoylman-Sigal
      
      excused (1)
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S2591 - Details

See Assembly Version of this Bill:: A2015
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: S3358, A7600
2019-2020: S1785, A3564
2021-2022: S4564, A7420

2017-S2591 - 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-S2591 - Sponsor Memo

                                
 
BILL NUMBER: S2591      REVISED MEMO 01/08/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the penal law, in relation to penal-
ties 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 busi-
nesses holding themselves out to be movers without having valid authori-
ty have increased significantly. With new technology, such as Craigslist
and Facebook, people are able to hold themselves out as movers more
easily. The Department cannot keep up with the influx of complaints of
illegal movers. Further, the Department has very few tools available to
discourage and punish those operating as illegal movers.

This legislation is designed to create the crime of illegal moving.
Under current law, if someone is found to be operating as a mover with-
out valid authority, the Department can impose a penalty and in some
instances try to suspend the movers drivers' license. However, 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 had apple from simply changing a business name and
going back out to do more illegal moves.

This legislation would allow law enforcement to become involved and
create criminal penalties for those who are operating without proper
authority. Illegal movers must be stopped. They pose a significant risk
to consumers in New York. Moving in New York is a regulated industry.
The regulations are 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 proper-
ty.

 
LEGISLATIVE HISTORY:

2017: S.2591 - Died on 3 Reading Calendar / A.2015 - Referred to Codes
2016: S.3388-A - Referred to Transportation / A. 7600 - Referred to
Codes
2015: S.3358-A - Died on 3 Reading Calendar / A.7600 - Referred to Codes
2014: S.5002-A - Passed Senate / A.7358-A - Reported to Codes
2013: S.5002 - Passed Senate / A.7358 - Referred to Transportation

 
EFFECTIVE DATE:
1st of November after enactment.

2017-S2591 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2591
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed 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

 S. 2591                             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.

co-Sponsors

2017-S2591A (ACTIVE) - Details

See Assembly Version of this Bill:: A2015
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: S3358, A7600
2019-2020: S1785, A3564
2021-2022: S4564, A7420

2017-S2591A (ACTIVE) - Summary

2017-S2591A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2591A

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the transportation law, in relation to
the enforcement of provisions relating to carriers of household goods by
motor vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:  This proposal bill would amend Arti-
cle 9 of the Transportation Law by adding a new section 198-a creating
giving the Attorney General enforcement power for violations of section
191


 
SUMMARY OF SPECIFIC PROVISIONS:  New section 198-a is added to the
transportation law

 
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 valid authority have increased significantly. With new technolo-
gy, such as Craigslist and Facebook, people are able to hold themselves
out as movers more easily. The Department cannot keep up with the influx
of complaints of illegal movers. Further, the Department has very few
tools available to discourage and punish those operating as illegal
movers.

This legislation is designed to allow the Attorney General's office to
enforce violations of section 191, which is the section that mandates a
person operating as a mover in New York have a certificate of authority
from the department of transportation.

Under current law, if someone is found to be operating as a mover with-
out valid authority, the Department can impose a penalty and in some
instances try to suspend the movers drivers' license. However, 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 allow the Attorney General to become involved and
investigate and enforce violations for those who are operating without
proper authority. Illegal movers must be stopped. They pose a signif-
icant risk to consumers in New York. Moving in New York is a regulated
industry. The regulations are 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 proper-
ty.

Illegal movers are also a problem for the State of New York. Illegals
are not complying with important New York State laws such as workers
compensation laws or applicable labor laws. They are also not paying
proper sales tax to the State. If the number of illegal movers can be
decreased, it will help the State of New York as well as consumers.
Further, it will help movers who have valid authority issued by the
Department of Transportation who are following the rules and regulations
and must try to compete in an environment where the illegal movers
undercut them at every turn.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: A.7600/S.3358-A - Referred to Codes/Died in Rules.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Sixtieth day after it shall have become law.

2017-S2591A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2591--A
     Cal. No. 823
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sens. LANZA, GOLDEN -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Codes -- recommitted
   to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07966-03-8

 S. 2591--A                          2
 
 TION  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 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 RESTITUTION.  WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
 OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE OR  ANY  PROVISION  OF
 ANY  AUTHORIZED  RULE  OR REGULATION PROMULGATED PURSUANT TO SECTION ONE
 HUNDRED NINETY-ONE OF THIS ARTICLE HAS  OCCURRED,  THE  COURT  MAY  ALSO
 IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
 VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTOR-
 NEY  GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
 TICE LAW AND RULES.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S2591A

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Martin J. Golden

2017-S2591 - Details

2017-S2591 - Summary

2017-S2591 - Sponsor Memo

2017-S2591 - Bill Text download pdf

co-Sponsors

Martin J. Golden

2017-S2591A (ACTIVE) - Details

2017-S2591A (ACTIVE) - Summary

2017-S2591A (ACTIVE) - Sponsor Memo

2017-S2591A (ACTIVE) - Bill Text download pdf

Comments