Bill Text: NY S01785 | 2019-2020 | General Assembly | Introduced
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 (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S01785 Detail]
Download: New_York-2019-S01785-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1785 2019-2020 Regular Sessions IN SENATE January 16, 2019 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 22 any further violations, without requiring proof that any person has, in 23 fact, been injured or damaged thereby. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00083-01-9S. 1785 2 1 In any such proceeding, the court may make allowances to the attorney 2 general as provided in paragraph six of subdivision (a) of section 3 eighty-three hundred three of the civil practice law and rules, and 4 direct restitution. Whenever the court shall determine that a violation 5 of section one hundred ninety-one of this article or any provision of 6 any authorized rule or regulation promulgated pursuant to section one 7 hundred ninety-one of this article has occurred, the court may also 8 impose a civil penalty of not more than one thousand dollars for each 9 violation. In connection with any such proposed application, the attor- 10 ney general is authorized to take proof and make a determination of the 11 relevant facts and to issue subpoenas in accordance with the civil prac- 12 tice law and rules. 13 § 2. This act shall take effect on the sixtieth day after it shall 14 have become a law.
