BILL NUMBER: S1785

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 Article 9 of the Transportation Law by
adding a new section 198-a creating giving the Attorney General enforce-
ment 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 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 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:

2018: S.2591-A - Third Reading Calendar / A.2015-A - Passed Assembly

2017: S.2591 - Third Reading Calendar / A.2015 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

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