Assembly Bill A8742

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8742
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend  the  business corporation law, the limited liability
   company law, the  partnership  law  and  the  transportation  law,  in
   relation  to  the  use  of  assumed  and corporate names pertaining to
   household goods moving
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a) of section 301 of the business corporation
 law is amended by adding a new subparagraph 12 to read as follows:
   (12) SHALL NOT, UNLESS THE APPLICANT IS SUBJECT TO THE APPROVAL OF THE
 COMMISSIONER OF TRANSPORTATION AND ATTACHES SUCH APPROVAL TO THE CERTIF-
 ICATE OF INCORPORATION, OR APPLICATION FOR AUTHORITY OR AMENDMENT THERE-
 OF, CONTAIN THE WORDS "MOVER," "MOVING," OR "RELOCATION SERVICE" OR  ANY
 ABBREVIATION OR DERIVATIVE THEREOF. SUCH CONSENT SHALL NOT BE GRANTED BY
 THE  COMMISSIONER  OF TRANSPORTATION IF, IN SUCH COMMISSIONER'S OPINION,
 THE USE OF THE TERMS IN THE CORPORATE  NAME  IS  LIKELY  TO  MISLEAD  OR
 CONFUSE  THE  PUBLIC INTO BELIEVING THAT THE CORPORATION HOLDS A CERTIF-
 ICATE ISSUED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OR ONE  HUNDRED
 NINETY-ONE OF THE TRANSPORTATION LAW.
   §  2.  Subdivisions  (g),  (h)  and  (i) of section 204 of the limited
 liability company law, subdivision (i) as added by chapter  316  of  the
 laws  of 2005, are amended and a new subdivision (j) is added to read as
 follows:
   (g) shall not, unless the approval of the state department  of  social
 services  is attached to the articles of organization or application for
 authority, contain the word  "blind"  or  "handicapped."  Such  approval
 shall  be  granted  by the state department of social services if in its
 opinion the word "blind" or "handicapped" as used in the limited liabil-
 ity company's proposed name will not tend  to  mislead  or  confuse  the
 public  into  believing  that the limited liability company is organized
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13166-01-5
              

 A. 8742                             2
 
 for charitable or nonprofit purposes related to the blind or  the  hand-
 icapped; [and]
   (h) shall not, unless the approval of the attorney general is attached
 to  the  articles  of organization or application for authority, contain
 the word "exchange" or any  abbreviation  or  derivative  thereof.  Such
 approval shall not be granted by the attorney general if in [his or her]
 THE  ATTORNEY  GENERAL'S  opinion  the use of the word "exchange" in the
 limited liability company's proposed name would falsely imply  that  the
 limited  liability  company conducts its business at a place where trade
 is carried on in  securities  or  commodities  by  brokers,  dealers  or
 merchants[.];
   (i)  shall  not  contain  the  following terms: "school," "education,"
 "elementary,"    "secondary,"     "kindergarten,"     "prekindergarten,"
 "preschool,"   "nursery   school,"  "museum,"  "history,"  "historical,"
 "historical society," "arboretum," "library," "college," "university" or
 other term restricted by section two hundred twenty-four of  the  educa-
 tion  law; "conservatory," "academy," or "institute" or any abbreviation
 or derivative of such terms, shall  have  endorsed  thereon  or  annexed
 thereto the consent of the commissioner of education[.]; AND
   (J)  SHALL  NOT,  UNLESS  THE  APPLICANT IS SUBJECT TO APPROVAL OF THE
 COMMISSIONER OF TRANSPORTATION AND ATTACHES SUCH APPROVAL TO  THE  ARTI-
 CLES OF ORGANIZATION, OR APPLICATION FOR AUTHORITY OR AMENDMENT THEREOF,
 CONTAIN  ANY  OF THE WORDS "MOVER," "MOVING," OR "RELOCATION SERVICE" OR
 ANY ABBREVIATION OR DERIVATIVE THEREOF. SUCH CONSENT SHALL NOT BE GRANT-
 ED BY THE COMMISSIONER OF TRANSPORTATION IF, IN THE COMMISSIONER'S OPIN-
 ION, THE USE OF THE TERMS IN THE LIMITED  LIABILITY  COMPANY'S  PROPOSED
 NAME  IS LIKELY TO MISLEAD OR CONFUSE THE PUBLIC INTO BELIEVING THAT THE
 LIMITED LIABILITY COMPANY HOLDS A CERTIFICATE ISSUED PURSUANT TO SECTION
 ONE HUNDRED SEVENTY-TWO OR ONE HUNDRED NINETY-ONE OF THE  TRANSPORTATION
 LAW.
   § 3. Paragraph 3 of subdivision (a) of section 121-102 of the partner-
 ship law is amended by adding a new subparagraph (E) to read as follows:
   (E)  SHALL  NOT,  UNLESS  THE  APPLICANT IS SUBJECT TO APPROVAL OF THE
 COMMISSIONER OF TRANSPORTATION AND ATTACHES SUCH APPROVAL TO THE CERTIF-
 ICATE OF LIMITED PARTNERSHIP OR APPLICATION FOR AUTHORITY  OR  AMENDMENT
 THEREOF,  CONTAIN  ANY  OF  THE  WORDS "MOVER," "MOVING," OR "RELOCATION
 SERVICE" OR ANY ABBREVIATION OR DERIVATIVE THEREOF. SUCH  CONSENT  SHALL
 NOT  BE GRANTED BY THE COMMISSIONER OF TRANSPORTATION IF, IN THE COMMIS-
 SIONER'S OPINION, THE USE OF THE  TERMS  IN  THE  LIMITED  PARTNERSHIP'S
 PROPOSED  NAME IS LIKELY TO MISLEAD OR CONFUSE THE PUBLIC INTO BELIEVING
 THAT THE LIMITED PARTNERSHIP HOLDS  A  CERTIFICATE  ISSUED  PURSUANT  TO
 SECTION  ONE HUNDRED SEVENTY-TWO OR ONE HUNDRED NINETY-ONE OF THE TRANS-
 PORTATION LAW.
   § 4. The transportation law is amended by adding a new  section  172-a
 to read as follows:
   §  172-A.  NAME  REQUIREMENTS.  NO INDIVIDUAL, PARTNERSHIP, COMPANY OR
 CORPORATION SHALL KNOWINGLY USE, ADVERTISE OR  TRANSACT  BUSINESS  UNDER
 THE NAMES "MOVER," "MOVING," OR "RELOCATION SERVICE" OR ANY NAME, TITLE,
 OR  DESCRIPTIVE  MATERIAL INDICATING OR TENDING TO IMPLY THAT SUCH INDI-
 VIDUAL,  ASSOCIATION,  PARTNERSHIP,  COMPANY  OR  CORPORATION  CONDUCTS,
 CARRIES  ON,  OR IS SUCH A BUSINESS WHEN IT IS NOT AUTHORIZED TO OPERATE
 AS SUCH, UNLESS THE RIGHT TO DO SO HAS BEEN GRANTED BY THE  COMMISSIONER
 PURSUANT  TO  SECTION  ONE  HUNDRED  SEVENTY-TWO  OF  THIS  ARTICLE. ANY
 VIOLATION OF THIS SECTION SHALL HAVE A CIVIL PENALTY OF UP TO TEN  THOU-
 SAND  DOLLARS.   NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AN
 INDIVIDUAL, PARTNERSHIP, COMPANY OR CORPORATION DOING BUSINESS UNDER ANY
 A. 8742                             3
 
 OF SUCH NAMES ON THE EFFECTIVE  DATE  OF  THIS  SECTION  MAY  COME  INTO
 COMPLIANCE  WITH  THIS  SECTION  BY OBTAINING A VALID CERTIFICATE ISSUED
 PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE  WITHIN  ONE
 YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
   §  5.  The transportation law is amended by adding a new section 191-a
 to read as follows:
   § 191-A. NAME REQUIREMENTS. NO  INDIVIDUAL,  PARTNERSHIP,  COMPANY  OR
 CORPORATION  SHALL  KNOWINGLY  USE, ADVERTISE OR TRANSACT BUSINESS UNDER
 THE NAMES "MOVER," "MOVING," OR "RELOCATION SERVICE" OR ANY NAME, TITLE,
 OR DESCRIPTIVE MATERIAL INDICATING OR TENDING TO IMPLY THAT  SUCH  INDI-
 VIDUAL,  ASSOCIATION,  PARTNERSHIP,  COMPANY  OR  CORPORATION  CONDUCTS,
 CARRIES ON, OR IS SUCH A BUSINESS WHEN IT IS NOT AUTHORIZED  TO  OPERATE
 AS  SUCH, UNLESS THE RIGHT TO DO SO HAS BEEN GRANTED BY THE COMMISSIONER
 PURSUANT  TO  SECTION  ONE  HUNDRED  NINETY-ONE  OF  THIS  ARTICLE.  ANY
 VIOLATION  OF THIS SECTION SHALL BE SUBJECT TO SECTION ONE HUNDRED NINE-
 TY-EIGHT-A OF THIS ARTICLE AND SHALL HAVE A CIVIL PENALTY OF UP  TO  TEN
 THOUSAND  DOLLARS.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
 AN INDIVIDUAL, PARTNERSHIP, COMPANY OR CORPORATION DOING BUSINESS  UNDER
 ANY  OF  SUCH  NAMES ON THE EFFECTIVE DATE OF THIS SECTION MAY COME INTO
 COMPLIANCE WITH THIS SECTION BY OBTAINING  A  VALID  CERTIFICATE  ISSUED
 PURSUANT  TO  SECTION  ONE HUNDRED NINETY-ONE OF THIS ARTICLE WITHIN ONE
 YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.