Assembly Bill A9785

2015-2016 Legislative Session

Relates to repossession of motor vehicle or motorcycle

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2015-A9785 (ACTIVE) - Details

See Senate Version of this Bill:
S4479
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง425, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5448
2017-2018: A6215, A9617, S5369

2015-A9785 (ACTIVE) - Summary

Relates to repossession of motor vehicle or motorcycle.

2015-A9785 (ACTIVE) - Bill Text download pdf 

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

                                  9785

                          I N  A S S E M B L Y

                              April 8, 2016
                               ___________

Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
  tee 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:

  Section  1.  Subdivision  1  of section 425 of the vehicle and traffic
law, as amended by chapter 81 of the laws of 1968, is amended to read as
follows:
  1. Any person, firm or corporation, or agent,  employee  or  represen-
tative  thereof,  repossessing or retaking a motor vehicle or motorcycle
pursuant to the provisions of article nine  of  the  uniform  commercial
code,  or  other  authority of law, or any contract or agreement, shall,
immediately following such repossession or retaking,  personally  appear
at  a  station house or other office of the police department, or agency
or officer performing like  functions,  in  the  locality  wherein  such
repossession or retaking occurred, give notice to such department, agen-
cy or officer of such repossession or retaking and thereafter and within
[twenty-four  hours]  TEN  DAYS  personally  deliver or mail by [special
delivery] first class mail  to  the  nearest  motor  vehicle  [district]
office,  (a) notice of such repossession or retaking in such form as the
commissioner may require and (b) the number plates of such motor vehicle
or motorcycle. Notice of such repossession or  retaking,  including  the
name  and  address  of  the  person, firm or corporation repossessing or
retaking the same, shall also be given within twenty-four hours  thereof
to  the  owner of such motor vehicle or motorcycle, either personally or
by registered or certified mail directed to such owner at his last-known
address OR BY PHONE, E-MAIL OR TEXT MESSAGE PROVIDED THAT NOTICE IS ALSO
GIVEN BY FIRST CLASS MAIL.  Unless the motor vehicle or  motorcycle  can
be  repossessed  or  retaken  without  breach  of the peace, it shall be
repossessed or retaken by legal process, but  nothing  herein  contained
shall be construed to authorize a violation of the criminal law.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08490-01-5

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