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A06694 Summary:

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A06694 Floor Votes:

A06694 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6694--B
                                                                Cal. No. 219
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2011
                                       ___________
 
        Introduced by M. of A. LUPARDO, TITONE, MAGEE, JAFFEE, BRONSON, SAYWARD,
          P. LOPEZ,  TENNEY, STEVENSON, ROBERTS, GABRYSZAK -- Multi-Sponsored by
          -- M. of A. BRENNAN, COOK, LATIMER, V. LOPEZ, LOSQUADRO, MARKEY, McEN-
          ENY, D. MILLER, PRETLOW, SWEENEY, TITUS, WEISENBERG -- read  once  and

          referred  to  the Committee on Transportation -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  -- passed by Assembly and delivered to the Senate, recalled
          from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
          retaining its place on the order of third reading
 
        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. Section 423-a of the vehicle and traffic law, as  added  by
     2  chapter  976  of  the  laws  of 1981, paragraph (b) of subdivision 1 and
     3  subdivisions 3 and 4 as amended by chapter 726 of the laws of  1983  and

     4  subdivision 5 as added by chapter 606 of the laws of 1989, is amended to
     5  read as follows:
     6    § 423-a. Enforcement  procedures for insuring the retention of vehicle
     7  identification numbers on vehicles. 1. Seizure of vehicle.  (a)  Members
     8  of  the  state  police, any local police department or any peace officer
     9  acting pursuant to his special duties shall seize and confiscate a motor
    10  vehicle or trailer if any  original  identification  number  or  special
    11  identification  number  is  destroyed,  removed,  altered, defaced or so
    12  covered as to be effectually concealed.
    13    (b) The commissioner shall establish standards for determining whether
    14  an identification number on a motor vehicle, trailer or part thereof  is
    15  destroyed,  removed, altered, defaced or so covered as to be effectually
    16  concealed. Whenever a vehicle described in paragraph (a) of this  subdi-

    17  vision  is  seized  or  confiscated,  members of the state police, local
    18  police department or peace officers acting  pursuant  to  their  special
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02676-09-2
        A. 6694--B                          2
 
     1  duties, if warranted, shall arrest the supposed owner or custodian ther-
     2  eof,  and cause prosecution to be brought in a court of competent juris-
     3  diction.  It shall be the duty of the appropriate agency or the  depart-
     4  ment  of  motor  vehicles  to  retain the custody of each motor vehicle,
     5  trailer or part seized pending the prosecution of  the  person  arrested
     6  until  the  ownership  of such motor vehicle, trailer or part shall have

     7  been ascertained. If [the ownership of such motor  vehicle,  trailer  or
     8  part  cannot  be ascertained, or if] the owner or custodian is convicted
     9  of the theft or unlawful possession of said motor  vehicle,  trailer  or
    10  part,  such  motor vehicle, trailer or part, if in the possession of the
    11  state police or any other state agency shall, at the  direction  of  the
    12  office  of  general  services,  be  held  for,  or  delivered  into  the
    13  possession of, such office, and title shall vest in such office,  or  if
    14  in the possession of a local police department or other local authority,
    15  such  motor  vehicle or trailer shall be treated as an abandoned vehicle
    16  pursuant to section twelve hundred twenty-four of this chapter, or  such
    17  part  may  be sold by the local authority to a registered dealer or to a
    18  registered vehicle dismantler or certified scrap processor as defined in

    19  subdivision nine of section four hundred fifteen-a of this  chapter.  If
    20  ownership  of such motor vehicle, trailer or part cannot be ascertained,
    21  such motor vehicle, trailer or part, shall be returned to the owner from
    22  which such vehicle, trailer or part was seized.
    23    2. Assignment of a new identification number and return of motor vehi-
    24  cle, trailer or part to  owner.  If  a  person  other  than  the  person
    25  arrested  be  the  owner,  the  motor  vehicle, trailer or part shall be
    26  returned to him or her as soon as he or she has  arranged  to  have  the
    27  department  of  motor  vehicles  affix a new number, or in the case of a
    28  part, inspect such part, and the department has done so, as provided  in
    29  section  four hundred twenty-two of this chapter. Prior to the return of

    30  the motor vehicle, trailer or part, or the transfer of custody  of  said
    31  motor  vehicle,  trailer  or  part, the arresting officer shall transmit
    32  notice of the arrest to the commissioner.
    33    3. Disposition of certain motor vehicles, trailers and parts.  (a)  If
    34  the owner of a motor vehicle or trailer cannot be ascertained, or if the
    35  owner  or  custodian  is arrested and convicted of the theft or unlawful
    36  possession of said motor vehicle or trailer, and such motor  vehicle  or
    37  trailer  is  held  for  or is in the possession of the office of general
    38  services, the office of general services shall sell the motor vehicle or
    39  trailer at public auction or by bid, or, it may be registered for use by
    40  the office or by a state agency in the performance of the duties of  the
    41  office  or  of  such state agency, provided that the department of motor

    42  vehicles first affixes a special  identification  number  to  the  motor
    43  vehicle or trailer, if required. The special identification number shall
    44  thereafter  be used for identification, registration and all purposes of
    45  this chapter, and the purchaser thereof may sell and transfer the  motor
    46  vehicle  or  trailer  bearing  such  a  special identification number or
    47  numbers.
    48    (b) If [the owner of a part or parts of a  motor  vehicle  or  trailer
    49  cannot  be  ascertained,  or  if] the owner or custodian is arrested and
    50  convicted of the theft or unlawful possession thereof, and such part  is
    51  held  for or is in the possession of the office of general services, the
    52  office of general services shall sell such part or parts to a registered
    53  dealer or to a  registered  vehicle  dismantler  or  a  certified  scrap

    54  processor  as  defined  in  subdivision  nine  of  section  four hundred
    55  fifteen-a of this chapter.
        A. 6694--B                          3
 
     1    (c) Notwithstanding any other provision of this section, ownership  of
     2  an  unidentifiable part in an otherwise identifiable vehicle, other than
     3  a stolen vehicle, held by the department or by a police  department  may
     4  be transferred to the owner of such vehicle provided that the department
     5  or  police department has made findings that such owner had no knowledge
     6  that the part was unidentifiable and that such owner was neither respon-
     7  sible for rendering such part unidentifiable nor acting in concert  with
     8  any  person  who rendered or had such part rendered unidentifiable at no
     9  cost to the owner. Such a transfer may  be  made  to  a  person  who  is

    10  presumed  to have determined and to know identification numbers on motor
    11  vehicles and parts pursuant to subdivision one of section  four  hundred
    12  twenty-one of this article only upon payment to the department or to the
    13  police  department  of an amount equal to the reasonable wholesale value
    14  of the part. Such a transfer may be made to any other person without any
    15  payment being made to the department or police department provided  that
    16  the  department  or  police  department is satisfied that the person has
    17  been the owner of the vehicle with  the  unidentifiable  part  contained
    18  therein  for  a  period  of at least eighteen months.  Such findings may
    19  only be made after an investigation and, if appropriate, a hearing. Such
    20  investigation shall be made promptly by the  department  or  the  police
    21  department upon the request of such owner. Proceeds from the transfer of

    22  any such part shall be paid into the general fund of the state if trans-
    23  ferred  by  the  department or the division of state police, or into the
    24  general fund of the appropriate local authority,  if  transferred  by  a
    25  local  police  department.  No such part shall be so transferred until a
    26  special identification number has been affixed  to  such  part  and  the
    27  appropriate fee has been paid by the owner of the vehicle. Such investi-
    28  gation  shall  be  completed within thirty days from the date of confis-
    29  cation. After thirty days, if the department or  the  police  department
    30  cannot  provide  evidence  that  the  seized vehicle, trailer or part is
    31  stolen, such vehicle, trailer or part shall be returned in the condition
    32  such vehicle, trailer or part were in prior to such confiscation, at  no

    33  cost to the owner.
    34    (d)  Notwithstanding any other provision of this section, ownership of
    35  an unidentifiable part in an otherwise  identifiable  motorcycle,  other
    36  than  a stolen motorcycle, held by the department or by a police depart-
    37  ment shall be transferred to the owner of such motorcycle  upon  his  or
    38  her  request, provided that the department or police department makes an
    39  investigation and, if appropriate, holds a hearing and finds  that  such
    40  owner  had  no  knowledge that the part was unidentifiable and that such
    41  owner was neither responsible for rendering such part unidentifiable nor
    42  acting in concert with any person who rendered or had such part rendered
    43  unidentifiable. Such transfer shall be made without  any  payment  being

    44  made  to  the  department or police department provided that the depart-
    45  ment's or police department's investigation results in  a  finding  that
    46  the  person has been the owner of the motorcycle with the unidentifiable
    47  part contained therein for a period of at least  eighteen  months.  Such
    48  investigation  shall  be made by the department or the police department
    49  within thirty days of the request of such owner for the return  of  such
    50  unidentifiable  part.  If  the owner of such motorcycle cannot be ascer-
    51  tained, or if the owner or custodian is arrested and  convicted  of  the
    52  theft  or unlawful possession of such motorcycle, such a transfer may be
    53  made to a person engaged in the business  of  buying  or  selling  motor

    54  vehicles,  trailers or parts who is subject to the presumption in subdi-
    55  vision one of section four hundred twenty-one of this article, only upon
    56  payment to the department or to the police department of an amount equal
        A. 6694--B                          4
 
     1  to the reasonable wholesale value of the part. Proceeds from the  trans-
     2  fer of any such part shall be paid into the general fund of the state if
     3  transferred  by  the department or the division of state police, or into
     4  the general fund of the appropriate local authority, if transferred by a
     5  local  police  department. No such part shall be transferred pursuant to
     6  this paragraph until a special identification number has been affixed to

     7  such part and the appropriate fee has been paid  by  the  owner  of  the
     8  motorcycle.
     9    4.  Whenever a vehicle or part which is in the possession of the state
    10  police or any other state agency or a local police agency or other local
    11  authority is returned to an owner, the cost of making  delivery  of  the
    12  vehicle or part shall be a charge upon such [owner] department or police
    13  department.   With respect to motor vehicles, trailers and parts held by
    14  the state police or any other state  agency,  the  commissioner  of  the
    15  office  of general services, after consultation with the commissioner of
    16  motor  vehicles,  shall  promulgate  regulations   to   effectuate   the
    17  provisions  of this section. Such regulations may include, but shall not
    18  be limited to, provisions for the removal of parts  from  vehicles,  the

    19  storage  and  sale  of  vehicles  and  parts  and  the recovery of costs
    20  incurred in performing the duties required herein.
    21    5. Notwithstanding any other provision of law, if the commissioner  is
    22  holding  a  vehicle  or vehicle part, upon determination of the rightful
    23  owner of the vehicle or vehicle part, the commissioner shall give  writ-
    24  ten  notice  to  the  owner  to  retrieve  such vehicle or vehicle part.
    25  Fifteen days after the receipt of such notice  by  certified  mail,  the
    26  commissioner  shall  impose  a storage charge of ten dollars a day for a
    27  vehicle and five dollars a day for a vehicle part or parts. Unpaid stor-
    28  age charges shall be a lien upon the vehicle or vehicle  part  and  such
    29  lien  may be foreclosed in accordance with article nine of the lien law.
    30  Any moneys collected as storage charges or as the result of  foreclosure

    31  of  liens  for  storage  shall  be  used to fund the motor vehicle theft
    32  prevention program established by section two  hundred  twenty-three  of
    33  this chapter.
    34    §  2.  The  commissioner  of  motor  vehicles shall establish a public
    35  education program to disseminate information regarding  the  implementa-
    36  tion of this act.
    37    § 3. This act shall take effect on the one hundred twentieth day after
    38  it shall have become a law.