| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 11, 2010 |
reported and committed to finance |
| Jan 06, 2010 |
referred to transportation |
| Jul 16, 2009 |
committed to rules |
| Jun 04, 2009 |
advanced to third reading |
| Jun 03, 2009 |
2nd report cal. |
| Jun 02, 2009 |
1st report cal.614 |
| Jan 28, 2009 |
referred to transportation |
Senate Bill S1298
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
(D, WF) Senate District
(D, IP) Senate District
2009-S1298 (ACTIVE) - Details
2009-S1298 (ACTIVE) - Summary
Provides that ownership of unidentifiable part in 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.
2009-S1298 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1298
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 OR GENERAL IDEA OF BILL :
To ensure the prompt return of motor cycles seized from innocent
owners due to problems with vehicle identification numbers.
SUMMARY OF SPECIFIC PROVISIONS :
Section One 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
2009-S1298 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1298
2009-2010 Regular Sessions
I N S E N A T E
January 28, 2009
___________
Introduced by Sen. DILAN -- 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 TRANSFER SHALL BE MADE WITHOUT ANY PAYMENT BEING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03012-01-9
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.