NY State Senate Bill 2011-S4280

Senate Bill S4280

2011-2012 Legislative Session

Provides that ownership of unidentifiable part in identifiable motorcycle, other than stolen motorcycle shall be returned to owner after investigation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2012	print number 4280b
Apr 19, 2012	amend and recommit to transportation
Jan 04, 2012	referred to transportation
Jun 21, 2011	committee discharged and committed to rules
May 12, 2011	print number 4280a
May 12, 2011	amend and recommit to transportation
Mar 28, 2011	referred to transportation

Bill Amendments

Original

B (Active)

co-Sponsors

2011-S4280 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §423-a, V & T L

2011-S4280 - Summary

Provides that ownership of an unidentifiable part in an otherwise identifiable motorcycle, other than a stolen motorcycle shall be returned to such owner, provided that department has made findings such owner had no knowledge part was unidentifiable and that owner wasn't responsible nor acted in concert to render such part unidentifiable; provides that a department investigation shall take place within thirty days after seizure of motorcycle; and requires commissioner to establish criteria to determine whether motorcycle shall be confiscated, seized or impounded and also to establish a system to ensure return of motorcycles to owners in undamaged condition.

2011-S4280 - Sponsor Memo

                                BILL NUMBER:S4280

TITLE OF BILL:

An act
to amend the vehicle and traffic
law, in relation to the transfer of
motorcycles having parts with unidentifiable
identification numbers

PURPOSE:

To ensure the prompt return of motor cycles seized from innocent
owners due to problems with vehicle identification numbers.

SUMMARY OF PROVISIONS:

Section 1 of the bill would assign a new identification number and
return of motor vehicle, trailer or part to owner. If a person other
than the person arrested be the owner, the motor vehicle, trailer or
part shall be returned to his or her as soon as he or she has
arranged to have the department of motor vehicles affix a new
number, or in the case of a part, inspect such part, and the
department has done so, as provided in section four hundred
twenty-two of this (chapter) article.
Prior to the return of the motor vehicle, trailer or part, or the

transfer of custody of said motor vehicle, trailer or part, the
arresting officer shall transmit notice of the arrest to the
commissioner.

Section 2 of the bill would require the transfer of ownership of an
unidentifiable part in an otherwise identifiable motorcycle (other
than a stolen motorcycle) held by DMV or a local police department to
the owner of the motorcycle, provided that DMV or such department has
made findings that the owner had no knowledge that the part was
unidentifiable and the owner was neither responsible for rendering
the part unidentifiable nor acting in concert with any person to do
so. This section also would require an investigation for making such
findings, to be made no later than 30 days after seizure of the
motorcycle. Upon such findings, the bill would require DMV or such
police department to return such motorcycle to its Owner immediately.
Finally, the bill would require DMV to establish a system of
safeguards to ensure the return of a seized or confiscated motorcycle
in an undamaged condition.

Section 3 of the bill directs the commissioner of motor vehicle to
establish a public education program to disseminate information
regarding the implementation of the act.

Section 4 of the bill provides the effective date.

JUSTIFICATION:

There have been instances in New York State where motorcycles have
been seized from innocent owners, on the grounds that the vehicle
identification numbers (VINs) of such motorcycles or parts thereof


have been destroyed, removed, altered, defaced or covered in a manner
so as to be effectually concealed. Despite the fact that such owners
were neither arrested nor convicted of violating the law requiring
retention of VINs on vehicles, often the motorcycles in question are
not returned. This bill will ensure that persons innocent of any
illegal action regarding VINs are able to have their property
returned in a timely fashion. It also will ensure that the seizure of
such vehicles in the first instance is pursuant to criteria
established by the Department of Motor Vehicles.

FISCAL IMPLICATIONS:

Unknown.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become law.

2011-S4280 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4280

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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:

  Section  1.  Subdivision 2 of section 423-a of the vehicle and traffic
law, as added by chapter 976 of the laws of 1981, is amended to read  as
follows:
  2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
CLE,  TRAILER  OR  PART  TO  OWNER.    If a person other than the person
arrested be the owner, the motor  vehicle,  trailer  or  part  shall  be
returned  to  him  OR  HER as soon as he OR SHE has arranged to have the
department of motor vehicles affix a new number, or in  the  case  of  a
part,  inspect such part, and the department has done so, as provided in
section four hundred twenty-two of this [chapter] ARTICLE.  Prior to the
return of the motor vehicle, trailer or part, or the transfer of custody
of said motor vehicle, trailer or  part,  the  arresting  officer  shall
transmit notice of the arrest to the commissioner.
  S  2. Subdivision 3 of section 423-a of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP  OF
AN  UNIDENTIFIABLE  PART  IN AN OTHERWISE IDENTIFIABLE MOTORCYCLE, OTHER
THAN A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE  DEPART-
MENT  SHALL  BE  TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE UPON HIS OR
HER REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES  AN
INVESTIGATION  AND,  IF APPROPRIATE, HOLDS A HEARING AND FINDS THAT SUCH
OWNER HAD NO KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE  AND  THAT  SUCH
OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR
ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED
UNIDENTIFIABLE.    SUCH INVESTIGATION SHALL BE MADE BY THE DEPARTMENT OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02676-04-1

S. 4280                             2

THE POLICE DEPARTMENT WITHIN THIRTY DAYS OF THE REQUEST  OF  SUCH  OWNER
FOR  THE RETURN OF SUCH UNIDENTIFIABLE PART. IF THE OWNER OF SUCH MOTOR-
CYCLE CANNOT BE ASCERTAINED, OR IF THE OWNER OR  CUSTODIAN  IS  ARRESTED
AND  CONVICTED  OF  THE THEFT OR UNLAWFUL POSSESSION OF SUCH MOTORCYCLE,
SUCH A TRANSFER MAY BE MADE TO A  PERSON  ENGAGED  IN  THE  BUSINESS  OF
BUYING  OR  SELLING  MOTOR VEHICLES, TRAILERS OR PARTS WHO IS SUBJECT TO
THE PRESUMPTION IN SUBDIVISION ONE OF SECTION FOUR HUNDRED TWENTY-ONE OF
THIS ARTICLE, ONLY UPON PAYMENT TO  THE  DEPARTMENT  OR  TO  THE  POLICE
DEPARTMENT  OF  AN AMOUNT EQUAL TO THE REASONABLE WHOLESALE VALUE OF THE
PART. PROCEEDS FROM THE TRANSFER OF ANY SUCH PART SHALL BE PAID INTO THE
GENERAL FUND OF THE STATE IF TRANSFERRED BY THE DEPARTMENT OR THE  DIVI-
SION  OF STATE POLICE, OR INTO THE GENERAL FUND OF THE APPROPRIATE LOCAL
AUTHORITY, IF TRANSFERRED BY A LOCAL POLICE  DEPARTMENT.  NO  SUCH  PART
SHALL  BE  TRANSFERRED  PURSUANT TO THIS PARAGRAPH UNTIL A SPECIAL IDEN-
TIFICATION NUMBER HAS BEEN AFFIXED TO SUCH PART AND THE APPROPRIATE  FEE
HAS BEEN PAID BY THE OWNER OF THE MOTORCYCLE.
  S  3.  The  commissioner  of  motor  vehicles shall establish a public
education program to disseminate information regarding  the  implementa-
tion of this act.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2011-S4280A - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §423-a, V & T L

2011-S4280A - Summary

2011-S4280A - Sponsor Memo

                                BILL NUMBER:S4280A

TITLE OF BILL:

An act
to amend the vehicle and traffic
law, in relation to the transfer of
motorcycles having parts with unidentifiable
identification numbers

PURPOSE:

To ensure the prompt return of motor cycles seized from innocent
owners due to problems with vehicle identification numbers.

SUMMARY OF PROVISIONS:

Section 1 of the bill would assign a new identification number and
return of motor vehicle, trailer or part to owner. If a person other
than the person arrested be the owner, the motor vehicle, trailer or
part shall be returned to his or her as soon as he or she has
arranged to have the department of motor vehicles affix a new
number, or in the case of a part, inspect such part, and the
department has done so, as provided in section four hundred
twenty-two of this (chapter) article.
Prior to the return of the motor vehicle, trailer or part, or the

transfer of custody of said motor vehicle, trailer or part, the
arresting officer shall transmit notice of the arrest to the
commissioner.

Section 2 of the bill would require the transfer of ownership of an
unidentifiable part in an otherwise identifiable motorcycle (other
than a stolen motorcycle) held by DMV or a local police department to
the owner of the motorcycle, provided that DMV or such department has
made findings that the owner had no knowledge that the part was
unidentifiable and the owner was neither responsible for rendering
the part unidentifiable nor acting in concert with any person to do
so. This section also would require an investigation for making such
findings, to be made no later than 30 days after seizure of the
motorcycle. Upon such findings, the bill would require DMV or such
police department to return such motorcycle to its Owner immediately.
Finally, the bill would require DMV to establish a system of
safeguards to ensure the return of a seized or confiscated motorcycle
in an undamaged condition.

Section 3 of the bill directs the commissioner of motor vehicle to
establish a public education program to disseminate information
regarding the implementation of the act.

Section 4 of the bill provides the effective date.

JUSTIFICATION:

There have been instances in New York State where motorcycles have
been seized from innocent owners, on the grounds that the vehicle
identification numbers (VINs) of such motorcycles or parts thereof
have been destroyed, removed, altered, defaced or covered in a manner
so as to be effectually concealed. Despite the fact that such owners
were neither arrested nor convicted of violating the law requiring
retention of VINs on vehicles, often the motorcycles in question are
not returned. This bill will ensure that persons innocent of any
illegal action regarding VINs are able to have their property
returned in a timely fashion. It also will ensure that the seizure of
such vehicles in the first instance is pursuant to criteria
established by the Department of Motor Vehicles.

FISCAL IMPLICATIONS:

Unknown.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become law.

2011-S4280A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4280--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced by Sens. LIBOUS, AVELLA, JOHNSON, LANZA, O'MARA -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Transportation  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  Subdivision 2 of section 423-a of the vehicle and traffic
law, as added by chapter 976 of the laws of 1981, is amended to read  as
follows:
  2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
CLE,  TRAILER  OR  PART  TO  OWNER.    If a person other than the person
arrested be the owner, the motor  vehicle,  trailer  or  part  shall  be
returned  to  him  OR  HER as soon as he OR SHE has arranged to have the
department of motor vehicles affix a new number, or in  the  case  of  a
part,  inspect such part, and the department has done so, as provided in
section four hundred twenty-two of this [chapter] ARTICLE.  Prior to the
return of the motor vehicle, trailer or part, or the transfer of custody
of said motor vehicle, trailer or  part,  the  arresting  officer  shall
transmit notice of the arrest to the commissioner.
  S  2. Subdivision 3 of section 423-a of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP  OF
AN  UNIDENTIFIABLE  PART  IN AN OTHERWISE IDENTIFIABLE MOTORCYCLE, OTHER
THAN A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE  DEPART-
MENT  SHALL  BE  TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE UPON HIS OR
HER REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES  AN
INVESTIGATION  AND,  IF APPROPRIATE, HOLDS A HEARING AND FINDS THAT SUCH
OWNER HAD NO KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE  AND  THAT  SUCH
OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02676-06-1

S. 4280--A                          2

ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED
UNIDENTIFIABLE.    SUCH TRANSFER SHALL BE MADE WITHOUT ANY PAYMENT BEING
MADE TO THE DEPARTMENT OR POLICE DEPARTMENT PROVIDED  THAT  THE  DEPART-
MENT'S  OR  POLICE  DEPARTMENT'S INVESTIGATION RESULTS IN A FINDING THAT
THE PERSON HAS BEEN THE OWNER OF THE MOTORCYCLE WITH THE  UNIDENTIFIABLE
PART  CONTAINED  THEREIN FOR A PERIOD OF AT LEAST EIGHTEEN MONTHS.  SUCH
INVESTIGATION SHALL BE MADE BY THE DEPARTMENT OR THE  POLICE  DEPARTMENT
WITHIN  THIRTY  DAYS OF THE REQUEST OF SUCH OWNER FOR THE RETURN OF SUCH
UNIDENTIFIABLE PART. IF THE OWNER OF SUCH MOTORCYCLE  CANNOT  BE  ASCER-
TAINED,  OR  IF  THE OWNER OR CUSTODIAN IS ARRESTED AND CONVICTED OF THE
THEFT OR UNLAWFUL POSSESSION OF SUCH MOTORCYCLE, SUCH A TRANSFER MAY  BE
MADE  TO  A  PERSON  ENGAGED  IN THE BUSINESS OF BUYING OR SELLING MOTOR
VEHICLES, TRAILERS OR PARTS WHO IS SUBJECT TO THE PRESUMPTION IN  SUBDI-
VISION ONE OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE, ONLY UPON
PAYMENT TO THE DEPARTMENT OR TO THE POLICE DEPARTMENT OF AN AMOUNT EQUAL
TO  THE REASONABLE WHOLESALE VALUE OF THE PART. PROCEEDS FROM THE TRANS-
FER OF ANY SUCH PART SHALL BE PAID INTO THE GENERAL FUND OF THE STATE IF
TRANSFERRED BY THE DEPARTMENT OR THE DIVISION OF STATE POLICE,  OR  INTO
THE GENERAL FUND OF THE APPROPRIATE LOCAL AUTHORITY, IF TRANSFERRED BY A
LOCAL  POLICE  DEPARTMENT. NO SUCH PART SHALL BE TRANSFERRED PURSUANT TO
THIS PARAGRAPH UNTIL A SPECIAL IDENTIFICATION NUMBER HAS BEEN AFFIXED TO
SUCH PART AND THE APPROPRIATE FEE HAS BEEN PAID  BY  THE  OWNER  OF  THE
MOTORCYCLE.
  S  3.  The  commissioner  of  motor  vehicles shall establish a public
education program to disseminate information regarding  the  implementa-
tion of this act.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2011-S4280B (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §423-a, V & T L

2011-S4280B (ACTIVE) - Summary

2011-S4280B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4280B

TITLE OF BILL:

An act
to amend the vehicle and traffic
law, in relation to the transfer of
motorcycles having parts with unidentifiable
identification numbers

PURPOSE:

To ensure the prompt return of motor cycles seized from innocent
owners due to problems with vehicle identification numbers.

SUMMARY OF PROVISIONS:

Section 1 of the bill would assign a new identification number and
return of motor vehicle, trailer or part to owner. If a person other
than the person arrested be the owner, the motor vehicle, trailer or
part shall be returned to his or her as soon as he or she has
arranged to have the department of motor vehicles affix a new number,
or in the case of a part, inspect such part, and the department. has
done so, as provided in section four hundred twenty-two of this
(chapter) article.
Prior to the return of the motor vehicle, trailer or part, or the

transfer of custody of said motor vehicle, trailer or part, the
arresting officer shall transmit notice of the arrest to the
commissioner.

Section 2 of the bill would require the transfer of ownership of an
unidentifiable part in an otherwise identifiable motorcycle (other
than a stolen motorcycle) held by DMV or a local police department to
the owner of the motorcycle, provided that DMV or such department has
made findings that the owner had no knowledge that the part was
unidentifiable and the owner was neither responsible for rendering
the part unidentifiable nor acting in concert with any person to do
so. This section also would require an investigation for making such
findings, to be made no later than 30 days after seizure of the
motorcycle. Upon such findings, the bill would require DMV or such
police department to return such motorcycle to its Owner immediately.
Finally, the bill would require DMV to establish a system of
safeguards to ensure the return of a seized or confiscated motorcycle
in an undamaged condition.

Section 3 of the bill directs the commissioner of motor vehicle to
establish a public education program to disseminate information
regarding the implementation of the act.

Section 4 of the bill provides the effective date.

There have been instances in New York State where motorcycles have
been seized from innocent owners, on the grounds that the vehicle
identification numbers (VINs) of such motorcycles or parts thereof
have been destroyed, removed, altered, defaced or covered in a manner
so as t.o be effectually concealed. Despite the fact that such owners
were neither arrested nor convicted of violating the law requiring
retention of VINs on vehicles, often the motorcycles in question are
not returned. This bill will ensure that persons innocent of any
illegal action regarding VINs are able to have their property
returned in a timely fashion. It also will ensure that the seizure
of such vehicles in the first instance is pursuant to criteria
established by the Department of Motor Vehicles.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2011-S4280B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4280--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced  by  Sens.  LIBOUS, AVELLA, GRISANTI, JOHNSON, LANZA, O'MARA,
  SEWARD, YOUNG -- read twice and ordered printed, and when  printed  to
  be   committed   to  the  Committee  on  Transportation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Transportation in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.  Subdivision 2 of section 423-a of the vehicle and traffic
law, as added by chapter 976 of the laws of 1981, is amended to read  as
follows:
  2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
CLE,  TRAILER  OR  PART  TO  OWNER.    If a person other than the person
arrested be the owner, the motor  vehicle,  trailer  or  part  shall  be
returned  to  [him]  THE OWNER as soon as he OR SHE has arranged to have
the department of motor vehicles affix a new number, or in the case of a
part, inspect such part, and the department has done so, as provided  in
section four hundred twenty-two of this [chapter] ARTICLE.  Prior to the
return of the motor vehicle, trailer or part, or the transfer of custody
of  said  motor  vehicle,  trailer  or part, the arresting officer shall
transmit notice of the arrest to the commissioner.
  S 2. Subdivision 3 of section 423-a of the vehicle and traffic law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP OF
AN UNIDENTIFIABLE PART IN AN OTHERWISE  IDENTIFIABLE  MOTORCYCLE,  OTHER
THAN  A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE DEPART-
MENT SHALL BE TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE  UPON  HIS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02676-07-2

S. 4280--B                          2

HER  REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES AN
INVESTIGATION AND, IF APPROPRIATE, HOLDS A HEARING AND FINDS  THAT  SUCH
OWNER  HAD  NO  KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE AND THAT SUCH
OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR
ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED
UNIDENTIFIABLE.    SUCH TRANSFER SHALL BE MADE WITHOUT ANY PAYMENT BEING
MADE TO THE DEPARTMENT OR POLICE DEPARTMENT AND SUCH TRANSFER  MAY  ALSO
BE  MADE  TO  ANY  OTHER  PERSON  WITHOUT  ANY PAYMENT BEING MADE TO THE
DEPARTMENT OR POLICE  DEPARTMENT,  PROVIDED  THAT  THE  DEPARTMENT'S  OR
POLICE  DEPARTMENT'S  INVESTIGATION RESULTS IN A FINDING THAT THE PERSON
HAS BEEN THE OWNER  OF  THE  MOTORCYCLE  WITH  THE  UNIDENTIFIABLE  PART
CONTAINED THEREIN FOR A PERIOD OF AT LEAST EIGHTEEN MONTHS.  SUCH INVES-
TIGATION SHALL BE MADE BY THE DEPARTMENT OR THE POLICE DEPARTMENT WITHIN
THIRTY  DAYS OF THE REQUEST OF SUCH OWNER FOR THE RETURN OF SUCH UNIDEN-
TIFIABLE PART. IF THE OWNER OF SUCH MOTORCYCLE CANNOT BE ASCERTAINED, OR
IF THE OWNER OR CUSTODIAN IS ARRESTED AND  CONVICTED  OF  THE  THEFT  OR
UNLAWFUL POSSESSION OF SUCH MOTORCYCLE, SUCH A TRANSFER MAY BE MADE TO A
PERSON  ENGAGED  IN  THE  BUSINESS  OF BUYING OR SELLING MOTOR VEHICLES,
TRAILERS OR PARTS WHO IS SUBJECT TO THE PRESUMPTION IN  SUBDIVISION  ONE
OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE, ONLY UPON PAYMENT TO
THE  DEPARTMENT  OR  TO  THE POLICE DEPARTMENT OF AN AMOUNT EQUAL TO THE
REASONABLE WHOLESALE VALUE OF THE PART. PROCEEDS FROM  THE  TRANSFER  OF
ANY SUCH PART SHALL BE PAID INTO THE GENERAL FUND OF THE STATE IF TRANS-
FERRED  BY  THE  DEPARTMENT OR THE DIVISION OF STATE POLICE, OR INTO THE
GENERAL FUND OF THE APPROPRIATE LOCAL AUTHORITY,  IF  TRANSFERRED  BY  A
LOCAL  POLICE  DEPARTMENT. NO SUCH PART SHALL BE TRANSFERRED PURSUANT TO
THIS PARAGRAPH UNTIL A SPECIAL IDENTIFICATION NUMBER HAS BEEN AFFIXED TO
SUCH PART AND THE APPROPRIATE FEE HAS BEEN PAID  BY  THE  OWNER  OF  THE
MOTORCYCLE.
  S  3.  The  commissioner  of  motor  vehicles shall establish a public
education program to disseminate information regarding  the  implementa-
tion of this act.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S4280

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2011-S4280 - Details

2011-S4280 - Summary

2011-S4280 - Sponsor Memo

2011-S4280 - Bill Text download pdf

co-Sponsors

2011-S4280A - Details

2011-S4280A - Summary

2011-S4280A - Sponsor Memo

2011-S4280A - Bill Text download pdf

co-Sponsors

2011-S4280B (ACTIVE) - Details

2011-S4280B (ACTIVE) - Summary

2011-S4280B (ACTIVE) - Sponsor Memo

2011-S4280B (ACTIVE) - Bill Text download pdf

Comments