NY State Senate Bill 2023-S9876

Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 19, 2024	referred to rules

2023-S9876 (ACTIVE) - Details

See Assembly Version of this Bill:: A7891
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §425, V & T L

2023-S9876 (ACTIVE) - Summary

Establishes a penalty for interfering with the repossession of certain collateral vehicles.

2023-S9876 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9876

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to establishing
a penalty for interfering with the repossession of certain vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the vehicle and traffic law, in relation to establishing a
penalty for interfering with the repossession of certain vehicles.

 
SUMMARY OF PROVISIONS:

Section 1. Section 425 of the vehicle and traffic law, the section 2
heading and subdivision 2 as amended by chapter 183 of the laws of 1973
3 and subdivision 1 as amended by chapter 473 of the laws of 2018, is
amended to read as follows:(a)"Collateral" shall mean a motor vehicle or
motorcycle being repossessed pursuant to the provisions of article nine
of the uniform commercial code, or other authority of law.(b) "Reposses-
sor" 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 contractor agreement.(c) "Repossession is
complete" shall mean:(i)the repossessor gaining entry to the collater-
al;(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 colla-
teral.

4. No person shall interfere with the transport of collateral to a stor-
age facility, auction, or dealer by any repossessor once repossession is
complete. A violation of this paragraph shall be punishable by a fine
not to exceed two hundred fifty dollars.

 
JUSTIFICATION:

This legislation will allow the repossessor to complete the lawful
repossession process efficiently and safely without causing harm to the
"owner" of the vehicle or a bystander who attempts to interfere with the
transaction. It has been noted by repossessors that individuals will
attempt to stop the repossession by any means possible such as but not
limited to sitting on top of the vehicle, putting children inside the
vehicle, or blocking the tow truck from connecting to the vehicle. Any
interfere with a repossession will be punishable with a fine up to
$250.00.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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

2023-S9876 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9876
 
                             I N  S E N A T E
 
                               July 19, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11884-01-3
 S. 9876                             2
 
 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.

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Senate Bill S9876

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

2023-S9876 (ACTIVE) - Details

2023-S9876 (ACTIVE) - Summary

2023-S9876 (ACTIVE) - Sponsor Memo

2023-S9876 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9876

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Sponsored By

Mario R. Mattera

Current Bill Status - In Senate Committee Rules Committee

2023-S9876 (ACTIVE) - Details

2023-S9876 (ACTIVE) - Summary

2023-S9876 (ACTIVE) - Sponsor Memo

2023-S9876 (ACTIVE) - Bill Text download pdf

Comments