S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7891
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 19, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   a penalty for interfering with the repossession of certain vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  425  of the vehicle and traffic law, the section
 heading and subdivision 2 as amended by chapter 183 of the laws of  1973
 and  subdivision  1  as  amended  by chapter 473 of the laws of 2018, is
 amended to read as follows:
   § 425. Repossession of motor vehicle or motorcycle; garageman's  lien;
 notice to police. 1. [Any person, firm or corporation, or agent, employ-
 ee  or  representative 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 agree-
 ment,] FOR THE PURPOSES OF THIS SECTION:
   (A) "COLLATERAL" SHALL MEAN A MOTOR VEHICLE OR MOTORCYCLE BEING REPOS-
 SESSED PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THE UNIFORM COMMER-
 CIAL CODE, OR OTHER  AUTHORITY OF LAW.
   (B) "REPOSSESSOR" SHALL MEAN  ANY  PERSON,  FIRM  OR  CORPORATION,  OR
 AGENT,  EMPLOYEE  OR  REPRESENTATIVE  THEREOF,  REPOSSESSING OR RETAKING
 COLLATERAL PURSUANT TO THE PROVISIONS OF ARTICLE  NINE  OF  THE  UNIFORM
 COMMERCIAL  CODE,  OR OTHER  AUTHORITY OF LAW, OR ANY CONTRACT OR AGREE-
 MENT.
   (C) "REPOSSESSION IS COMPLETE" SHALL MEAN:
   (I) THE REPOSSESSOR GAINING ENTRY TO THE COLLATERAL;
   (II) THE COLLATERAL  BECOMING  CONNECTED  TO  THE  TOW  TRUCK  OR  THE
 REPOSSESSOR'S TOW VEHICLE;
   (III) THE REPOSSESSOR MOVING THE ENTIRE COLLATERAL PRESENT; OR
   (IV) THE REPOSSESSOR GAINING CONTROL OF THE COLLATERAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11884-01-3
 A. 7891                             2
              

 
   2.  A  REPOSSESSOR  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, agency 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 first class mail
 to the nearest motor vehicle 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 repossess-
 ing or retaking the same] REPOSSESSOR, shall also be given within  twen-
 ty-four hours thereof to the owner of [such motor vehicle or motorcycle]
 THE COLLATERAL, either personally or by registered or certified mail, or
 by  first class mail, with a certificate of mailing properly endorsed by
 the postal service to be obtained, directed to such owner at his or  her
 last-known address.  Unless the [motor vehicle or motorcycle] COLLATERAL
 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.] 3. Any [person, firm or corporation, or agent, employee or repre-
 sentative  thereof]  REPOSSESSOR holding [a motor vehicle or motorcycle]
 COLLATERAL under a lien for repairs or storage pursuant to any authority
 of law, or any contract  or  agreement  shall  return  any  registration
 plates  for such [vehicle] COLLATERAL which are in his possession to the
 registrant upon the registrant's request, or if not so  returned  shall,
 within  twenty-four hours after such request, personally deliver or mail
 by special delivery first class mail to the nearest motor vehicle office
 (a) notice of such holding in such form as the commissioner may  require
 and  (b) the number plates of such [motor vehicle or motorcycle] COLLAT-
 ERAL.
   4. NO PERSON SHALL INTERFERE WITH THE TRANSPORT  OF  COLLATERAL  TO  A
 STORAGE  FACILITY,  AUCTION,  OR  DEALER  BY ANY REPOSSESSOR ONCE REPOS-
 SESSION IS COMPLETE. A VIOLATION OF THIS PARAGRAPH SHALL  BE  PUNISHABLE
 BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.