Bill Text: NY S07127 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes the attorney general to seek an injunction to enforce the requirement for certification of carriers of household goods by motor vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-17 - SUBSTITUTED BY A7994A [S07127 Detail]
Download: New_York-2021-S07127-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7127--A 2021-2022 Regular Sessions IN SENATE June 2, 2021 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- 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 certification of carriers of household goods by motor vehicles 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 rules or regulations promulgated pursuant thereto. The attorney 5 general, in response to a request by the commissioner or a complaint 6 from a consumer, or on the attorney general's own initiative, may seek 7 equitable relief to restrain any violation or threatened violation of 8 section one hundred ninety-one of this article requiring certification 9 of common carriers of household goods or any rules or regulations 10 promulgated pursuant to such section. Whenever there shall be a 11 violation of section one hundred ninety-one of this article or any rule 12 or regulation promulgated pursuant thereto, an application may be made 13 by the attorney general in the name of the people of the state of New 14 York to a court or justice having jurisdiction by a special proceeding 15 to issue an injunction and upon notice to the defendant of not less than 16 five days, to enjoin and restrain the continuance of such violation or 17 to enforce the provisions of such section or such rules and regulations. 18 If it shall appear to the satisfaction of the court or justice that the 19 defendant has, in fact, violated section one hundred ninety-one of this 20 article or any rules or regulations promulgated pursuant thereto, an 21 injunction may be issued by such court or justice, enjoining and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11744-03-2S. 7127--A 2 1 restraining any further violation, without requiring proof that any 2 person has, in 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 rules or regu- 8 lations promulgated pursuant to such section has occurred, the court may 9 also impose a civil penalty of up to one thousand dollars for each 10 violation. In connection with any such proposed application, the attor- 11 ney general may take proof and make a determination of the relevant 12 facts and issue subpoenas in accordance with the civil practice law and 13 rules. 14 § 2. This act shall take effect on the thirtieth day after it shall 15 have become a law.
