Bill Text: NY A06215 | 2017-2018 | General Assembly | Introduced

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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: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2017-06-07 - enacting clause stricken [A06215 Detail]

Download: New_York-2017-A06215-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6215
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2017
                                       ___________
        Introduced  by M. of A. WALSH -- read once and referred to the Committee
          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 [with-
    13  in  twenty-four  hours]  after  the first ten days personally deliver or
    14  mail by [special delivery] first class mail to the nearest motor vehicle
    15  [district] office, (a) notice of such repossession or retaking  in  such
    16  form  as  the commissioner may require and (b) the number plates of such
    17  motor vehicle or motorcycle. Notice of such  repossession  or  retaking,
    18  including the name and address of the person, firm or corporation repos-
    19  sessing  or  retaking  the  same, shall also be given within twenty-four
    20  hours thereof to the owner of such motor vehicle or  motorcycle,  either
    21  personally  or by registered or certified mail directed to such owner at
    22  his last-known address or by phone, e-mail or text message provided that
    23  notice is also given by first class mail.  Unless the motor  vehicle  or
    24  motorcycle can be repossessed or retaken without breach of the peace, it
    25  shall  be  repossessed  or  retaken by legal process, but nothing herein
    26  contained shall be construed to authorize a violation  of  the  criminal
    27  law.
    28    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09670-02-7