Assembly Bill A3564

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3564
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Codes
 
 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
 ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN
 FACT, BEEN INJURED OR DAMAGED THEREBY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00083-01-9
              

 A. 3564                             2
 
   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.