Bill Text: NY A02015 | 2017-2018 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-06-20 - REFERRED TO RULES [A02015 Detail]

Download: New_York-2017-A02015-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         2015--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Codes  -- recommitted to the Committee on Codes in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted 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:
     1    Section  1.  The transportation law is amended by adding a new section
     2  198-a to read as follows:
     3    § 198-a. Enforcement. The department shall enforce  this  article  and
     4  any  provision of any authorized rule or regulation promulgated pursuant
     5  to this article provided that the attorney general,  in  response  to  a
     6  complaint from a consumer, at the request of the commissioner, or on the
     7  attorney general's own initiative, may seek equitable relief to restrain
     8  any  violation or threatened violation of section one hundred ninety-one
     9  of this article or any provision of any authorized  rule  or  regulation
    10  promulgated  pursuant  to  such  section.  Whenever  there  shall  be  a
    11  violation or threatened violation of section one hundred  ninety-one  of
    12  this  article  or  any  provision  of  any authorized rule or regulation
    13  promulgated pursuant to such section, an application may be made by  the
    14  attorney general in the name of the people of the state of New York to a
    15  court  or  justice having jurisdiction, by a special proceeding, seeking
    16  an injunction to enjoin and restrain the continuance of  such  violation
    17  or  threatened  violation; and if it shall appear to the satisfaction of
    18  the court or justice that the defendant has, in fact,  violated  section
    19  one  hundred  ninety-one of this article or any provision of any author-
    20  ized rule or regulation promulgated pursuant to such section, an injunc-
    21  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.
                                                                   LBD07966-02-8
        A. 2015--A                          2
     1  any  further violations, without requiring proof that any person has, in
     2  fact, been injured or damaged thereby.
     3    In  any such proceeding, the court may make allowances to the attorney
     4  general as provided in paragraph  six  of  subdivision  (a)  of  section
     5  eighty-three  hundred  three  of  the  civil practice law and rules, and
     6  direct restitution.  Whenever the court shall determine that a violation
     7  of section one hundred ninety-one of this article or  any  provision  of
     8  any  authorized  rule  or regulation promulgated pursuant to section one
     9  hundred ninety-one of this article has  occurred,  the  court  may  also
    10  impose  a  civil  penalty of not more than one thousand dollars for each
    11  violation. In connection with any such proposed application, the  attor-
    12  ney  general is authorized to take proof and make a determination of the
    13  relevant facts and to issue subpoenas in accordance with the civil prac-
    14  tice law and rules.
    15    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    16  have become a law.