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S05369 Summary:

S05369 Actions:

S05369 Committee Votes:

S05369 Floor Votes:

S05369 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5369--A
            Cal. No. 606
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     March 23, 2017
                                       ___________
 
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation  --  recom-
          mitted  to  the  Committee on Transportation in accordance with Senate
          Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
          first  and second report, ordered to a third reading, passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading
 
        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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09670-04-8
        S. 5369--A                          2
 
     1  ing the name and address of the person, firm or corporation repossessing
     2  or retaking the same, shall also be given within twenty-four hours ther-
     3  eof to the owner of such motor vehicle or motorcycle, either  personally
     4  or  by  registered  or  certified  mail,  or by first class mail, with a
     5  certificate of mailing properly endorsed by the  postal  service  to  be
     6  obtained,  directed  to  such  owner  at  his or her last-known address.
     7  Unless the motor vehicle or motorcycle can  be  repossessed  or  retaken
     8  without breach of the peace, it shall be repossessed or retaken by legal
     9  process,  but nothing herein contained shall be construed to authorize a
    10  violation of the criminal law.
    11    § 2. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law.