Bill Text: NY A09785 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to repossession of motor vehicle or motorcycle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-08 - referred to transportation [A09785 Detail]
Download: New_York-2015-A09785-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9785 IN ASSEMBLY April 8, 2016 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Transportation 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] ten days personally deliver or mail by [special14delivery] first class mail to the nearest motor vehicle [district] 15 office, (a) notice of such repossession or retaking in such form as the 16 commissioner may require and (b) the number plates of such motor vehicle 17 or motorcycle. Notice of such repossession or retaking, including the 18 name and address of the person, firm or corporation repossessing or 19 retaking the same, shall also be given within twenty-four hours thereof 20 to the owner of such motor vehicle or motorcycle, either personally or 21 by registered or certified mail directed to such owner at his last-known 22 address or by phone, e-mail or text message provided that notice is also 23 given by first class mail. Unless the motor vehicle or motorcycle can 24 be repossessed or retaken without breach of the peace, it shall be 25 repossessed or retaken by legal process, but nothing herein contained 26 shall be construed to authorize a violation of the criminal law. 27 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08490-01-5