BILL NUMBER: S7127A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the transportation law, in relation to the enforcement
of provisions relating to certification of carriers of household goods
by motor vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

This proposed 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 19.

 
SUMMARY OF PROVISIONS:

Section one adds a new section, 198-a to the transportation law.

Section two provides the effective date.

 
              

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 technology, such as Craigslist and
Facebook, people can hold themselves out as movers more easily. The
Department cannot keep up with the influx of complaints of illegal
movers and 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 mover's 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 as 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 the
customer pays additional money to them in order to get what is rightful-
ly 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 property.

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.

Finally, it will help movers who have valid authority issued by the
Department of Transportation. Movers who have a valid certificate of
authority and who are following the rules and regulations should not
have to compete in an environment where the illegal movers undercut them
at every turn.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendments further clarify the enforcement provisions.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None

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