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S09876 Summary:

BILL NOS09876
 
SAME ASSAME AS A07891
 
SPONSORMATTERA
 
COSPNSR
 
MLTSPNSR
 
Amd 425, V & T L
 
Establishes a penalty for interfering with the repossession of certain collateral vehicles.
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S09876 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9876
 
                    IN SENATE
 
                                      July 19, 2024
                                       ___________
 
        Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the vehicle and traffic law, in relation to establishing
          a penalty for interfering with the repossession of certain vehicles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  425  of the vehicle and traffic law, the section
     2  heading and subdivision 2 as amended by chapter 183 of the laws of  1973
     3  and  subdivision  1  as  amended  by chapter 473 of the laws of 2018, is
     4  amended to read as follows:
     5    § 425. Repossession of motor vehicle or motorcycle; garageman's  lien;
     6  notice to police. 1. [Any person, firm or corporation, or agent, employ-
     7  ee  or  representative thereof, repossessing or retaking a motor vehicle
     8  or motorcycle pursuant to the provisions of article nine of the  uniform
     9  commercial  code,  or  other authority of law, or any contract or agree-
    10  ment,] For the purposes of this section:
    11    (a) "Collateral" shall mean a motor vehicle or motorcycle being repos-
    12  sessed pursuant to the provisions of article nine of the uniform commer-
    13  cial code, or other  authority of law.
    14    (b) "Repossessor" shall mean  any  person,  firm  or  corporation,  or
    15  agent,  employee  or  representative  thereof,  repossessing or retaking
    16  collateral pursuant to the provisions of article  nine  of  the  uniform
    17  commercial  code,  or other  authority of law, or any contract or agree-
    18  ment.
    19    (c) "Repossession is complete" shall mean:
    20    (i) the repossessor gaining entry to the collateral;
    21    (ii) the collateral  becoming  connected  to  the  tow  truck  or  the
    22  repossessor's tow vehicle;
    23    (iii) the repossessor moving the entire collateral present; or
    24    (iv) the repossessor gaining control of the collateral.
    25    2.  A  repossessor  shall,  immediately following such repossession or
    26  retaking, personally appear at a station house or other  office  of  the
    27  police  department,  or  agency or officer performing like functions, in
    28  the locality wherein such repossession or retaking occurred, give notice
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11884-01-3

        S. 9876                             2
 
     1  to such department, agency or officer of such repossession  or  retaking
     2  and  thereafter and within twenty-four hours of the tenth day after such
     3  repossession or retaking personally deliver or mail by first class  mail
     4  to  the nearest motor vehicle office of the state or county acting as an
     5  agent of the commissioner pursuant to section two hundred five  of  this
     6  chapter[,]:  (a) notice of such repossession or retaking in such form as
     7  the commissioner may require; and (b) the number plates  of  such  motor
     8  vehicle  or motorcycle. Notice of such repossession or retaking, includ-
     9  ing the name and address of the [person, firm or corporation  repossess-
    10  ing  or retaking the same] repossessor, shall also be given within twen-
    11  ty-four hours thereof to the owner of [such motor vehicle or motorcycle]
    12  the collateral, either personally or by registered or certified mail, or
    13  by first class mail, with a certificate of mailing properly endorsed  by
    14  the  postal service to be obtained, directed to such owner at his or her
    15  last-known address.  Unless the [motor vehicle or motorcycle] collateral
    16  can be repossessed or retaken without breach of the peace, it  shall  be
    17  repossessed  or  retaken  by legal process, but nothing herein contained
    18  shall be construed to authorize a violation of the criminal law.
    19    [2.] 3. Any [person, firm or corporation, or agent, employee or repre-
    20  sentative thereof] repossessor holding [a motor vehicle  or  motorcycle]
    21  collateral under a lien for repairs or storage pursuant to any authority
    22  of  law,  or  any  contract  or  agreement shall return any registration
    23  plates for such [vehicle] collateral which are in his possession to  the
    24  registrant  upon  the registrant's request, or if not so returned shall,
    25  within twenty-four hours after such request, personally deliver or  mail
    26  by special delivery first class mail to the nearest motor vehicle office
    27  (a)  notice of such holding in such form as the commissioner may require
    28  and (b) the number plates of such [motor vehicle or motorcycle]  collat-
    29  eral.
    30    4.  No  person  shall  interfere with the transport of collateral to a
    31  storage facility, auction, or dealer  by  any  repossessor  once  repos-
    32  session  is  complete. A violation of this paragraph shall be punishable
    33  by a fine not to exceed two hundred fifty dollars.
    34    § 2. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.
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