Bill Text: NY S07127 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7127

                               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

        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. An application may be made by the
    11  attorney general in the name of the people of the state of New York to a
    12  court or justice having jurisdiction, by a special  proceeding,  seeking
    13  an  injunction  to enjoin and restrain the continuance of a violation or
    14  threatened violation of section one hundred ninety-one of  this  article
    15  or any rules or regulations promulgated pursuant to such section.  If it
    16  shall  appear  to  the  satisfaction  of  the  court or justice that the
    17  defendant has, in fact, violated section one hundred ninety-one of  this
    18  article  or  any  rules  or  regulations  promulgated  pursuant  to such
    19  section, an injunction may be issued by the court or justice,  enjoining
    20  and restraining any further violations, without requiring proof that any
    21  person has, in fact, been injured or damaged thereby.
    22    In  any such proceeding, the court may make allowances to the attorney
    23  general as provided in paragraph  six  of  subdivision  (a)  of  section
    24  eighty-three  hundred  three  of  the  civil practice law and rules, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11744-01-1
        S. 7127                             2

     1  direct restitution.  Whenever the court shall determine that a violation
     2  of section one hundred ninety-one of this article or any rules or  regu-
     3  lations promulgated pursuant to such section has occurred, the court may
     4  also  impose  a  civil  penalty  of  up to one thousand dollars for each
     5  violation. In connection with any such proposed application, the  attor-
     6  ney  general  may  take  proof  and make a determination of the relevant
     7  facts and issue subpoenas in accordance with the civil practice law  and
     8  rules.
     9    §  2.  This  act shall take effect on the thirtieth day after it shall
    10  have become a law.