Bill Text: NY A06694 | 2011-2012 | General Assembly | Introduced

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

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Bill Title: Provides that ownership of unidentifiable part in identifiable motorcycle, other than a stolen motorcycle shall be returned to such owner, provided that department has made findings such owner had no knowledge part was unidentifiable and that owner wasn't responsible nor acted in concert to render such part unidentifiable; provides that a department investigation shall take place within thirty days after seizure of motorcycle.

Spectrum: Slight Partisan Bill (Democrat 18-6)

Status: (Engrossed - Dead) 2012-04-25 - amended on third reading 6694b [A06694 Detail]

Download: New_York-2011-A06694-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6694
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 24, 2011
                                      ___________
       Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to the transfer
         of motorcycles having parts with unidentifiable identification numbers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 2 of section 423-a of the vehicle and traffic
    2  law, as added by chapter 976 of the laws of 1981, is amended to read  as
    3  follows:
    4    2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
    5  CLE,  TRAILER  OR  PART  TO  OWNER.    If a person other than the person
    6  arrested be the owner, the motor  vehicle,  trailer  or  part  shall  be
    7  returned  to  him  OR  HER as soon as he OR SHE has arranged to have the
    8  department of motor vehicles affix a new number, or in  the  case  of  a
    9  part,  inspect such part, and the department has done so, as provided in
   10  section four hundred twenty-two of this [chapter] ARTICLE.  Prior to the
   11  return of the motor vehicle, trailer or part, or the transfer of custody
   12  of said motor vehicle, trailer or  part,  the  arresting  officer  shall
   13  transmit notice of the arrest to the commissioner.
   14    S  2. Subdivision 3 of section 423-a of the vehicle and traffic law is
   15  amended by adding a new paragraph (d) to read as follows:
   16    (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP  OF
   17  AN  UNIDENTIFIABLE  PART  IN AN OTHERWISE IDENTIFIABLE MOTORCYCLE, OTHER
   18  THAN A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE  DEPART-
   19  MENT  SHALL  BE  TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE UPON HIS OR
   20  HER REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES  AN
   21  INVESTIGATION  AND,  IF APPROPRIATE, HOLDS A HEARING AND FINDS THAT SUCH
   22  OWNER HAD NO KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE  AND  THAT  SUCH
   23  OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR
   24  ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED
   25  UNIDENTIFIABLE.    SUCH INVESTIGATION SHALL BE MADE BY THE DEPARTMENT OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02676-04-1
       A. 6694                             2
    1  THE POLICE DEPARTMENT WITHIN THIRTY DAYS OF THE REQUEST  OF  SUCH  OWNER
    2  FOR  THE RETURN OF SUCH UNIDENTIFIABLE PART. IF THE OWNER OF SUCH MOTOR-
    3  CYCLE CANNOT BE ASCERTAINED, OR IF THE OWNER OR  CUSTODIAN  IS  ARRESTED
    4  AND  CONVICTED  OF  THE THEFT OR UNLAWFUL POSSESSION OF SUCH MOTORCYCLE,
    5  SUCH A TRANSFER MAY BE MADE TO A  PERSON  ENGAGED  IN  THE  BUSINESS  OF
    6  BUYING  OR  SELLING  MOTOR VEHICLES, TRAILERS OR PARTS WHO IS SUBJECT TO
    7  THE PRESUMPTION IN SUBDIVISION ONE OF SECTION FOUR HUNDRED TWENTY-ONE OF
    8  THIS ARTICLE, ONLY UPON PAYMENT TO  THE  DEPARTMENT  OR  TO  THE  POLICE
    9  DEPARTMENT  OF  AN AMOUNT EQUAL TO THE REASONABLE WHOLESALE VALUE OF THE
   10  PART. PROCEEDS FROM THE TRANSFER OF ANY SUCH PART SHALL BE PAID INTO THE
   11  GENERAL FUND OF THE STATE IF TRANSFERRED BY THE DEPARTMENT OR THE  DIVI-
   12  SION  OF STATE POLICE, OR INTO THE GENERAL FUND OF THE APPROPRIATE LOCAL
   13  AUTHORITY, IF TRANSFERRED BY A LOCAL POLICE  DEPARTMENT.  NO  SUCH  PART
   14  SHALL  BE  TRANSFERRED  PURSUANT TO THIS PARAGRAPH UNTIL A SPECIAL IDEN-
   15  TIFICATION NUMBER HAS BEEN AFFIXED TO SUCH PART AND THE APPROPRIATE  FEE
   16  HAS BEEN PAID BY THE OWNER OF THE MOTORCYCLE.
   17    S  3.  The  commissioner  of  motor  vehicles shall establish a public
   18  education program to disseminate information regarding  the  implementa-
   19  tion of this act.
   20    S 4. This act shall take effect on the one hundred twentieth day after
   21  it shall have become a law.