S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9617--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2018
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, WRIGHT, NIOU, HYNDMAN, MOSLEY,
   WALLACE, PICHARDO, JEAN-PIERRE, HUNTER, DICKENS, GOTTFRIED,  PELLEGRI-
   NO,  MAGEE,  GIGLIO,  McDONOUGH, BRABENEC, MORINELLO, RAIA, CASTORINA,
   OAKS -- Multi-Sponsored by -- M. of A. GALEF, PALMESANO, RA,  STEC  --
   read once and referred to the Committee on Transportation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 OF THE TENTH DAY AFTER SUCH REPOSSESSION  OR  RETAKING
 personally deliver or mail by [special delivery] first class mail to the
 nearest motor vehicle [district] 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 repossessing
 or retaking the same, shall also be given within twenty-four hours ther-
 eof  to the owner of such motor vehicle or motorcycle, either personally
 or by registered or certified mail, OR  BY  FIRST  CLASS  MAIL,  WITH  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09670-03-8

 A. 9617--A                          2
 
 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 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. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.