Assembly Bill A9617A

Signed By Governor
2017-2018 Legislative Session

Relates to repossession of motor vehicle or motorcycle

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5369 - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2017-A9617 - Details

See Senate Version of this Bill:
S5369
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §425, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5448
2015-2016: A9785, S4479

2017-A9617 - Summary

Relates to repossession of a motor vehicle or motorcycle; extends the time frame in which the repossessor of a motor vehicle must submit the license plates to the department of motor vehicles from 24 hours to 10 days.

2017-A9617 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9617
 
                           I N  A S S E M B L Y
 
                             January 26, 2018
                                ___________
 
 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 [with-
 in  twenty-four  hours]  AFTER  THE FIRST 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 repos-
 sessing  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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2017-A9617A (ACTIVE) - Details

See Senate Version of this Bill:
S5369
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §425, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5448
2015-2016: A9785, S4479

2017-A9617A (ACTIVE) - Summary

Relates to repossession of a motor vehicle or motorcycle; extends the time frame in which the repossessor of a motor vehicle must submit the license plates to the department of motor vehicles from 24 hours to 10 days.

2017-A9617A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9617--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2018
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, WRIGHT, NIOU, HYNDMAN, MOSLEY,
   WALLACE, PICHARDO, JEAN-PIERRE, HUNTER, DICKENS, GOTTFRIED,  PELLEGRI-
   NO,  MAGEE,  GIGLIO,  McDONOUGH, BRABENEC, MORINELLO, RAIA, CASTORINA,
   OAKS -- Multi-Sponsored by -- M. of A. GALEF, PALMESANO, RA,  STEC  --
   read once and referred 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 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 OF THE TENTH DAY AFTER SUCH REPOSSESSION  OR  RETAKING
 personally deliver or mail by [special delivery] first class mail to the
 nearest motor vehicle [district] office OF THE STATE OR COUNTY ACTING AS
 AN  AGENT  OF  THE  COMMISSIONER PURSUANT TO SECTION TWO HUNDRED FIVE OF
 THIS CHAPTER, (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,  includ-
 ing the name and address of the person, firm or corporation repossessing
 or retaking the same, shall also be given within twenty-four hours ther-
 eof  to the owner of such motor vehicle or motorcycle, either personally
 or by registered or certified mail, OR  BY  FIRST  CLASS  MAIL,  WITH  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.