Bill Text: NY S02591 | 2017-2018 | General Assembly | Amended

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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 2-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S02591 Detail]

Download: New_York-2017-S02591-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2591--A
            Cal. No. 823
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced by Sens. LANZA, GOLDEN -- read twice and ordered printed, and
          when  printed to be committed to the Committee on Codes -- recommitted
          to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
        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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07966-03-8
        S. 2591--A                          2
     1  tion  may  be  issued by the court or justice, enjoining and restraining
     2  any further violations, without requiring proof that any person has,  in
     3  fact, been injured or damaged thereby.
     4    In  any such proceeding, the court may make allowances to the attorney
     5  general as provided in paragraph  six  of  subdivision  (a)  of  section
     6  eighty-three  hundred  three  of  the  civil practice law and rules, and
     7  direct restitution.  Whenever the court shall determine that a violation
     8  of section one hundred ninety-one of this article or  any  provision  of
     9  any  authorized  rule  or regulation promulgated pursuant to section one
    10  hundred ninety-one of this article has  occurred,  the  court  may  also
    11  impose  a  civil  penalty of not more than one thousand dollars for each
    12  violation. In connection with any such proposed application, the  attor-
    13  ney  general is authorized to take proof and make a determination of the
    14  relevant facts and to issue subpoenas in accordance with the civil prac-
    15  tice law and rules.
    16    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    17  have become a law.