Establishes the crimes of unlawfully operating as a common carrier of property by motor vehicle transporting household goods in the first, second, and third degree

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S3358A

Title of bill

An act to amend the penal law, in relation to penalties for unlawfully operating as a common carrier of property by motor vehicle transporting household goods

Purpose or general idea of bill

This proposal bill would amend Article 270 of the Penal Law by adding a new section creating the crimes of unlawfully operating as a common carrier of property by motor vehicle transporting household goods in the first, second and third degree

Summary of specific provisions

Three new sections are added to the penal law; 270.40, 270.45 and 270.50.

Justification

In order to operate as a mover in the State of New York, the person or company must be issued a certificate of authority by the New York State Department of Transportation. Of late, the instances of people and businesses holding themselves out to be movers without having valid authority have increased significantly. With new technology, such as Craigslist and Facebook, people are able to hold themselves out as movers more easily. The Department cannot keep up with the influx of complaints of illegal movers. Further, the Department has very few tools available to discourage and punish those operating as illegal movers.

This legislation is designed to create the crime of illegal moving. Under current law, if someone is found to be operating as a mover without valid authority, the Department can impose a penalty and in some instances try to suspend the movers drivers' license. However, the penalties are such that a violation results in a minor fine that does not serve as a deterrent to others. In addition, there is no significant way to curtail a bad apple from simply changing a business name and going back out to do more illegal moves.

This legislation would allow law enforcement to become involved and create criminal penalties for those who are operating without proper authority. Illegal movers must be stopped. They pose a significant risk to consumers in New York. Moving in New York is a regulated industry. The regulations are designed to protect consumers and ensure that their personal items are moved in an effective, efficient and respectful manner.

Many illegal movers do not respect the consumer and have been known to damage and/or steal personal items. In addition, there have been many instances were illegal movers have held a customer's goods until such time as the customer pays additional money to the illegal mover in order to get what is rightfully theirs. Further, if something is damaged or destroyed, an illegal mover is likely not insured and

therefore the customer has no recourse for being compensated for their damaged property.

Illegal movers are also a problem for the State of New York. Illegals are not complying with important New York State laws such as workers compensation laws or applicable labor laws. They are also not paying proper sales tax to the State. If the number of illegal movers can be decreased, it will help the State of New York as well as consumers. Further, it will help movers who have valid authority issued by the Department of Transportation who are following the rules and regulations and must try to compete in an environment where the illegal movers undercut them at every turn.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

1st of November after enactment.