S T A T E O F N E W Y O R K
________________________________________________________________________
6694--B
Cal. No. 219
2011-2012 Regular Sessions
I N A S S E M B L Y
March 24, 2011
___________
Introduced by M. of A. LUPARDO, TITONE, MAGEE, JAFFEE, BRONSON, SAYWARD,
P. LOPEZ, TENNEY, STEVENSON, ROBERTS, GABRYSZAK -- Multi-Sponsored by
-- M. of A. BRENNAN, COOK, LATIMER, V. LOPEZ, LOSQUADRO, MARKEY, McEN-
ENY, D. MILLER, PRETLOW, SWEENEY, TITUS, WEISENBERG -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- passed by Assembly and delivered to the Senate, recalled
from the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading
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. Section 423-a of the vehicle and traffic law, as added by
chapter 976 of the laws of 1981, paragraph (b) of subdivision 1 and
subdivisions 3 and 4 as amended by chapter 726 of the laws of 1983 and
subdivision 5 as added by chapter 606 of the laws of 1989, is amended to
read as follows:
S 423-a. Enforcement procedures for insuring the retention of vehicle
identification numbers on vehicles. 1. Seizure of vehicle. (a) Members
of the state police, any local police department or any peace officer
acting pursuant to his special duties shall seize and confiscate a motor
vehicle or trailer if any original identification number or special
identification number is destroyed, removed, altered, defaced or so
covered as to be effectually concealed.
(b) The commissioner shall establish standards for determining whether
an identification number on a motor vehicle, trailer or part thereof is
destroyed, removed, altered, defaced or so covered as to be effectually
concealed. Whenever a vehicle described in paragraph (a) of this subdi-
vision is seized or confiscated, members of the state police, local
police department or peace officers acting pursuant to their special
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02676-09-2
A. 6694--B 2
duties, if warranted, shall arrest the supposed owner or custodian ther-
eof, and cause prosecution to be brought in a court of competent juris-
diction. It shall be the duty of the appropriate agency or the depart-
ment of motor vehicles to retain the custody of each motor vehicle,
trailer or part seized pending the prosecution of the person arrested
until the ownership of such motor vehicle, trailer or part shall have
been ascertained. If [the ownership of such motor vehicle, trailer or
part cannot be ascertained, or if] the owner or custodian is convicted
of the theft or unlawful possession of said motor vehicle, trailer or
part, such motor vehicle, trailer or part, if in the possession of the
state police or any other state agency shall, at the direction of the
office of general services, be held for, or delivered into the
possession of, such office, and title shall vest in such office, or if
in the possession of a local police department or other local authority,
such motor vehicle or trailer shall be treated as an abandoned vehicle
pursuant to section twelve hundred twenty-four of this chapter, or such
part may be sold by the local authority to a registered dealer or to a
registered vehicle dismantler or certified scrap processor as defined in
subdivision nine of section four hundred fifteen-a of this chapter. IF
OWNERSHIP OF SUCH MOTOR VEHICLE, TRAILER OR PART CANNOT BE ASCERTAINED,
SUCH MOTOR VEHICLE, TRAILER OR PART, SHALL BE RETURNED TO THE OWNER FROM
WHICH SUCH VEHICLE, TRAILER OR PART WAS SEIZED.
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. 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.
3. Disposition of certain motor vehicles, trailers and parts. (a) If
the owner of a motor vehicle or trailer cannot be ascertained, or if the
owner or custodian is arrested and convicted of the theft or unlawful
possession of said motor vehicle or trailer, and such motor vehicle or
trailer is held for or is in the possession of the office of general
services, the office of general services shall sell the motor vehicle or
trailer at public auction or by bid, or, it may be registered for use by
the office or by a state agency in the performance of the duties of the
office or of such state agency, provided that the department of motor
vehicles first affixes a special identification number to the motor
vehicle or trailer, if required. The special identification number shall
thereafter be used for identification, registration and all purposes of
this chapter, and the purchaser thereof may sell and transfer the motor
vehicle or trailer bearing such a special identification number or
numbers.
(b) If [the owner of a part or parts of a motor vehicle or trailer
cannot be ascertained, or if] the owner or custodian is arrested and
convicted of the theft or unlawful possession thereof, and such part is
held for or is in the possession of the office of general services, the
office of general services shall sell such part or parts to a registered
dealer or to a registered vehicle dismantler or a certified scrap
processor as defined in subdivision nine of section four hundred
fifteen-a of this chapter.
A. 6694--B 3
(c) Notwithstanding any other provision of this section, ownership of
an unidentifiable part in an otherwise identifiable vehicle, other than
a stolen vehicle, held by the department or by a police department may
be transferred to the owner of such vehicle provided that the department
or police department has made findings that such owner had no knowledge
that the part was unidentifiable and that such owner was neither respon-
sible for rendering such part unidentifiable nor acting in concert with
any person who rendered or had such part rendered unidentifiable AT NO
COST TO THE OWNER. Such a transfer may be made to a person who is
presumed to have determined and to know identification numbers on motor
vehicles and parts pursuant to subdivision one of section four hundred
twenty-one of this article only upon payment to the department or to the
police department of an amount equal to the reasonable wholesale value
of the part. Such a transfer may be made to any other person without any
payment being made to the department or police department provided that
the department or police department is satisfied that the person has
been the owner of the vehicle with the unidentifiable part contained
therein for a period of at least eighteen months. Such findings may
only be made after an investigation and, if appropriate, a hearing. Such
investigation shall be made promptly by the department or the police
department upon the request of such owner. Proceeds from the transfer of
any such part shall be paid into the general fund of the state if trans-
ferred by the department or the division of state police, or into the
general fund of the appropriate local authority, if transferred by a
local police department. No such part shall be so transferred until a
special identification number has been affixed to such part and the
appropriate fee has been paid by the owner of the vehicle. SUCH INVESTI-
GATION SHALL BE COMPLETED WITHIN THIRTY DAYS FROM THE DATE OF CONFIS-
CATION. AFTER THIRTY DAYS, IF THE DEPARTMENT OR THE POLICE DEPARTMENT
CANNOT PROVIDE EVIDENCE THAT THE SEIZED VEHICLE, TRAILER OR PART IS
STOLEN, SUCH VEHICLE, TRAILER OR PART SHALL BE RETURNED IN THE CONDITION
SUCH VEHICLE, TRAILER OR PART WERE IN PRIOR TO SUCH CONFISCATION, AT NO
COST TO THE OWNER.
(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
MADE TO THE DEPARTMENT OR POLICE DEPARTMENT PROVIDED THAT THE DEPART-
MENT'S OR POLICE DEPARTMENT'S INVESTIGATION RESULTS IN A FINDING THAT
THE PERSON HAS BEEN THE OWNER OF THE MOTORCYCLE WITH THE UNIDENTIFIABLE
PART CONTAINED THEREIN FOR A PERIOD OF AT LEAST EIGHTEEN MONTHS. SUCH
INVESTIGATION SHALL BE MADE BY THE DEPARTMENT OR THE POLICE DEPARTMENT
WITHIN THIRTY DAYS OF THE REQUEST OF SUCH OWNER FOR THE RETURN OF SUCH
UNIDENTIFIABLE PART. IF THE OWNER OF SUCH MOTORCYCLE CANNOT BE ASCER-
TAINED, OR IF THE OWNER OR CUSTODIAN IS ARRESTED AND CONVICTED OF THE
THEFT OR UNLAWFUL POSSESSION OF SUCH MOTORCYCLE, SUCH A TRANSFER MAY BE
MADE TO A PERSON ENGAGED IN THE BUSINESS OF BUYING OR SELLING MOTOR
VEHICLES, TRAILERS OR PARTS WHO IS SUBJECT TO THE PRESUMPTION IN SUBDI-
VISION ONE OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE, ONLY UPON
PAYMENT TO THE DEPARTMENT OR TO THE POLICE DEPARTMENT OF AN AMOUNT EQUAL
A. 6694--B 4
TO THE REASONABLE WHOLESALE VALUE OF THE PART. PROCEEDS FROM THE TRANS-
FER OF ANY SUCH PART SHALL BE PAID INTO THE GENERAL FUND OF THE STATE IF
TRANSFERRED BY THE DEPARTMENT OR THE DIVISION OF STATE POLICE, OR INTO
THE GENERAL FUND OF THE APPROPRIATE LOCAL AUTHORITY, IF TRANSFERRED BY A
LOCAL POLICE DEPARTMENT. NO SUCH PART SHALL BE TRANSFERRED PURSUANT TO
THIS PARAGRAPH UNTIL A SPECIAL IDENTIFICATION NUMBER HAS BEEN AFFIXED TO
SUCH PART AND THE APPROPRIATE FEE HAS BEEN PAID BY THE OWNER OF THE
MOTORCYCLE.
4. Whenever a vehicle or part which is in the possession of the state
police or any other state agency or a local police agency or other local
authority is returned to an owner, the cost of making delivery of the
vehicle or part shall be a charge upon such [owner] DEPARTMENT OR POLICE
DEPARTMENT. With respect to motor vehicles, trailers and parts held by
the state police or any other state agency, the commissioner of the
office of general services, after consultation with the commissioner of
motor vehicles, shall promulgate regulations to effectuate the
provisions of this section. Such regulations may include, but shall not
be limited to, provisions for the removal of parts from vehicles, the
storage and sale of vehicles and parts and the recovery of costs
incurred in performing the duties required herein.
5. Notwithstanding any other provision of law, if the commissioner is
holding a vehicle or vehicle part, upon determination of the rightful
owner of the vehicle or vehicle part, the commissioner shall give writ-
ten notice to the owner to retrieve such vehicle or vehicle part.
Fifteen days after the receipt of such notice by certified mail, the
commissioner shall impose a storage charge of ten dollars a day for a
vehicle and five dollars a day for a vehicle part or parts. Unpaid stor-
age charges shall be a lien upon the vehicle or vehicle part and such
lien may be foreclosed in accordance with article nine of the lien law.
Any moneys collected as storage charges or as the result of foreclosure
of liens for storage shall be used to fund the motor vehicle theft
prevention program established by section two hundred twenty-three of
this chapter.
S 2. The commissioner of motor vehicles shall establish a public
education program to disseminate information regarding the implementa-
tion of this act.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.