NY State Senate Bill 2021-S4564A

Senate Bill S4564A

2021-2022 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 Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
May 26, 2021	print number 4564a
May 26, 2021	amend and recommit to transportation
Feb 05, 2021	referred to transportation

Bill Amendments

Original

A (Active)

2021-S4564 - Details

See Assembly Version of this Bill:: A7420
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add §198-a, Transp L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5002
2015-2016: S3358, A7600
2017-2018: S2591, A2015
2019-2020: S1785, A3564

2021-S4564 - 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.

2021-S4564 - Sponsor Memo

                                
 
BILL NUMBER: S4564

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:

2020: S.1785 - Referred to Codes / A.3564 Referred to Codes

2019: S.1785 - Committed to Rules / A.3564 Referred to Codes

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

2017: 5.2591 - Third Reading Calendar / A.2015 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

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

2021-S4564 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4564
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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.
                                                            LBD01145-01-1

 S. 4564                             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.

2021-S4564A (ACTIVE) - Details

See Assembly Version of this Bill:: A7420
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add §198-a, Transp L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5002
2015-2016: S3358, A7600
2017-2018: S2591, A2015
2019-2020: S1785, A3564

2021-S4564A (ACTIVE) - Summary

2021-S4564A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4564A

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 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. 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:

2020: S.1785 - Referred to Codes / A.3564 Referred to Codes

2019: S.1785 - Committed to Rules / A.3564 Referred to Codes

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

2017: 5.2591 - Third Reading Calendar / A.2015 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S4564A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4564--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.
                                                            LBD01145-02-1

 S. 4564--A                          2
 
 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 ninetieth day  after  it  shall
 have become a law.

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