What's happening
This bill authorizes the Attorney General to seek injunctions, restitution, and civil penalties against household goods carriers violating transportation regulations.
Why it matters
Empowers the Attorney General to act directly against movers. This bill gives the Attorney General authority to step in—either on their own, at the commissioner's request, or in response to consumer complaints—when household goods carriers violate (or threaten to violate) transportation regulations, potentially increasing accountability in the moving industry.
Allows for immediate legal remedies even without proven harm. The Attorney General can seek court injunctions to stop illegal practices by moving companies without having to show that anyone was actually harmed, making enforcement faster and more proactive.
Introduces financial consequences for violations. Courts can require violators to pay restitution to affected consumers and impose civil penalties of up to $1,000 per violation, creating a financial deterrent against non-compliance with transportation laws.
Strengthens investigative powers. The Attorney General is authorized to issue subpoenas and collect evidence during investigations, which may lead to more thorough enforcement and better protection for consumers using household moving services.
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Who cares
Headline styles
Enforce Moving Company Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.804
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Crack Down on Bad Movers
In Senate Committee · Codes · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 vehicles
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The transportation law is amended by adding a new section 198-a to read as follows:
§ 198-a. Enforcement. The department shall enforce this article and any provision of any authorized rule or regulation promulgated pursuant to this article provided that the attorney general, in response to a complaint from a consumer, at the request of the commissioner, or on the attorney general's own initiative, may seek equitable relief to restrain any violation or threatened violation of section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to such section. Whenever there shall be a violation or threatened violation of section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to such section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction, by a special proceeding, seeking an injunction to enjoin and restrain the continuance of such violation or threatened violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to such section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00083-01-9
S. 1785 2
In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to section one hundred ninety-one of this article has occurred, the court may also impose a civil penalty of not more than one thousand dollars for each violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the transportation law, in relation to the enforcement of provisions relating to carriers of household goods by motor vehicles
Purpose or general idea of bill
This proposal bill would amend Article 9 of the Transportation Law by adding a new section 198-a creating giving the Attorney General enforce- ment power for violations of section 191
Summary of specific provisions
New section 198-a is added to the transportation law
Read the full memo (602 words)
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 busi- nesses holding themselves out to be movers without having valid authori- ty 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 allow the Attorney General's office to enforce violations of section 191, which is the section that mandates a person operating as a mover in New York have a certificate of authority from the department of transportation.
Under current law, if someone is found to be operating as a mover with- out 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 the Attorney General to become involved and investigate and enforce violations for those who are operating without proper authority. Illegal movers must be stopped. They pose a signif- icant 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 proper- ty. 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
2018: S.2591-A - Third Reading Calendar / A.2015-A - Passed Assembly
2017: S.2591 - Third Reading Calendar / A.2015 - Referred to Codes
Fiscal implications
None.
Effective date
Sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.