senate Bill S5448

2013-2014 Legislative Session

Relates to repossession of motor vehicle or motorcycle

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
May 16, 2013 referred to transportation

S5448 - Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง425, V & T L

S5448 - Summary

Relates to repossession of motor vehicle or motorcycle.

S5448 - Sponsor Memo

S5448 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5448

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- 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 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]  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 repossessing 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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