Bill Text: NY A09617 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to repossession of a motor vehicle or motorcycle; extends the time frame in which the repossessor of a motor vehicle must submit the license plates to the department of motor vehicles from 24 hours to 10 days.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-06-19 - substituted by s5369a [A09617 Detail]

Download: New_York-2017-A09617-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9617--A
                   IN ASSEMBLY
                                    January 26, 2018
                                       ___________
        Introduced  by  M.  of A. WOERNER, WALSH, WRIGHT, NIOU, HYNDMAN, MOSLEY,
          WALLACE, PICHARDO, JEAN-PIERRE, HUNTER, DICKENS, GOTTFRIED,  PELLEGRI-
          NO,  MAGEE,  GIGLIO,  McDONOUGH, BRABENEC, MORINELLO, RAIA, CASTORINA,
          OAKS -- Multi-Sponsored by -- M. of A. GALEF, PALMESANO, RA,  STEC  --
          read once and referred to the Committee on Transportation -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the vehicle and traffic law, in relation to repossession
          of motor vehicle or motorcycle
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 425 of  the  vehicle  and  traffic
     2  law, as amended by chapter 81 of the laws of 1968, is amended to read as
     3  follows:
     4    1.  Any  person,  firm or corporation, or agent, employee or represen-
     5  tative thereof, repossessing or retaking a motor vehicle  or  motorcycle
     6  pursuant  to  the  provisions  of article nine of the uniform commercial
     7  code, or other authority of law, or any contract  or  agreement,  shall,
     8  immediately  following  such repossession or retaking, personally appear
     9  at a station house or other office of the police department,  or  agency
    10  or  officer  performing  like  functions,  in  the locality wherein such
    11  repossession or retaking occurred, give notice to such department, agen-
    12  cy or officer of such repossession or retaking and thereafter and within
    13  twenty-four hours of the tenth day after such repossession  or  retaking
    14  personally deliver or mail by [special delivery] first class mail to the
    15  nearest motor vehicle [district] office of the state or county acting as
    16  an  agent  of  the  commissioner pursuant to section two hundred five of
    17  this chapter, (a) notice of such repossession or retaking in  such  form
    18  as  the commissioner may require and (b) the number plates of such motor
    19  vehicle or motorcycle. Notice of such repossession or retaking,  includ-
    20  ing the name and address of the person, firm or corporation repossessing
    21  or retaking the same, shall also be given within twenty-four hours ther-
    22  eof  to the owner of such motor vehicle or motorcycle, either personally
    23  or by registered or certified mail, or  by  first  class  mail,  with  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09670-03-8
        A. 9617--A                          2
     1  certificate  of  mailing  properly  endorsed by the postal service to be
     2  obtained, directed to such owner  at  his  or  her  last-known  address.
     3  Unless  the  motor  vehicle  or motorcycle can be repossessed or retaken
     4  without breach of the peace, it shall be repossessed or retaken by legal
     5  process,  but nothing herein contained shall be construed to authorize a
     6  violation of the criminal law.
     7    § 2. This act shall take effect on the thirtieth day  after  it  shall
     8  have become a law.