Bill Text: NY A02015 | 2017-2018 | General Assembly | Introduced

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

---

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 (Democrat 1-0)

Status: (Engrossed - Dead) 2018-06-20 - REFERRED TO RULES [A02015 Detail]

Download: New_York-2017-A02015-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2015
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Codes
        AN  ACT  to amend the penal law, in relation to penalties for unlawfully
          operating as a common carrier of property by motor vehicle  transport-
          ing household goods
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is  amended  by  adding  three  new  sections
     2  270.40, 270.45, and 270.50 to read as follows:
     3  § 270.40 Unlawfully  operating  as a common carrier of property by motor
     4             vehicle transporting household goods in the third degree.
     5    A person is guilty of unlawfully operating  as  a  common  carrier  of
     6  property  by  motor  vehicle  transporting  household goods in the third
     7  degree when he or she operates as a common carrier of property by  motor
     8  vehicle  transporting household goods or solicits for the transportation
     9  of household goods for compensation and he or she is not  registered  as
    10  required by section one hundred ninety-one of the transportation law.
    11    Unlawfully  operating as a common carrier of property by motor vehicle
    12  transporting household goods in the third degree is a class B  misdemea-
    13  nor.
    14  § 270.45 Unlawfully  operating  as a common carrier of property by motor
    15             vehicle transporting household goods in the second degree.
    16    A person is guilty of unlawfully operating  as  a  common  carrier  of
    17  property  by  motor  vehicle  transporting household goods in the second
    18  degree when he or she:
    19    1. operates as a common carrier of property by  motor  vehicle  trans-
    20  porting  household goods or solicits for the transportation of household
    21  goods for compensation and he or she is not registered  as  required  by
    22  section one hundred ninety-one of the transportation law; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07966-01-7
        A. 2015                             2
     1    2.  has  previously  been  found  guilty  of unlawfully operating as a
     2  common carrier of property by motor vehicle transporting household goods
     3  in the third degree pursuant to section 270.40 of this article.
     4    Unlawfully  operating as a common carrier of property by motor vehicle
     5  transporting household goods in the second degree is a class A misdemea-
     6  nor.
     7  § 270.50 Unlawfully operating as a common carrier of property  by  motor
     8             vehicle transporting household goods in the first degree.
     9    A  person  is  guilty  of  unlawfully operating as a common carrier of
    10  property by motor vehicle transporting  household  goods  in  the  first
    11  degree when he or she:
    12    1.  operates  as  a common carrier of property by motor vehicle trans-
    13  porting household goods or solicits for the transportation of  household
    14  goods  for  compensation  and he or she is not registered as required by
    15  section one hundred ninety-one of the transportation law; and
    16    2. has previously been found  guilty  of  unlawfully  operating  as  a
    17  common carrier of property by motor vehicle transporting household goods
    18  in the second degree pursuant to section 270.45 of this article.
    19    Unlawfully  operating as a common carrier of property by motor vehicle
    20  transporting household goods in the first degree is a class E felony.
    21    § 2. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.