Bill S3572-2011

Permits the proration of vehicle registration fees for stolen vehicles

Permits registrants of stolen motor vehicles, motorcycles or trailers to credit the unused portion of the requisite registration fee against any subsequent registration fees for other vehicles owned by the registrant.

Details

Actions

  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Feb 25, 2011: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S3572

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to authorizing the proration of registration fees for stolen motor vehicles, motorcycles or trailers

PURPOSE OR GENERAL IDEA OF BILL: To address an unfair or unequitable credit or registered refund policy concerning vehicle registrations.

SUMMARY OF SPECIFIC PROVISIONS: The bill provides that an owner of a registered motor vehicle, motorcycle or trailer which is stolen may, upon submission of proof that the vehicle was stolen and payment of a transfer fee of $7.75, credit or apply the unused portion of the registration fee on such vehicle to any subsequent fee for the registration renewal of another vehicle, motorcycle or trailer owned by the registrant. The prorated cost of the unused portion of the prior registration or the registration on the stolen vehicle shall be computed on a monthly basis.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Section 420 of the Vehicle and Traffic Law is amended by adding a new subdivision 9.

JUSTIFICATION: DMV's current policy of prohibiting the registrant of a stolen vehicle from applying the pro-rata credit on the unexpired registration to the registration renewal fee of another vehicle already owned by that person is arbitrary and capricious. The owner is only permitted to apply the credit if a replacement vehicle is purchased and registered. However, some motorists simply decide not to purchase a replacement vehicle and therefore, they often forfeit some portion of the expensive registration fee they already paid.

Since the Department of Motor Vehicles already administers a credit pro-rata registration system, the extension would not be difficult to execute. In the context of our billion dollar budget, the cost for this form of taxpayer relief is insignificant. What will be significant, however, is that with approval of legislation, a more equitable system will finally be instituted for some victims of car theft who are so unfairly served by the present policy.

Thus, the enactment of this measure will establish a more equitable auto registration transfer or refund policy for all state residents and reaffirm the principle that government should not gain from the misfortune of its residents.

PRIOR LEGISLATIVE HISTORY:

1998 - A..8884-A Reported by Transportation and Ways & Means to Rules 1999-00 - A.5629 - In Transportation Committee 2001-02 - A.3300 2003-04 - A.2782A 2005-06 - A.2581 2007-08 - A.2102 - Passed Assembly 2009-10 - S.7024 - Held in Finance Committee

EFFECTIVE DATE: Section one shall take effect on the first of September next succeeding the date on which it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3572 2011-2012 Regular Sessions IN SENATE February 25, 2011 ___________
Introduced by Sen. ADAMS -- 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 authorizing the proration of registration fees for stolen motor vehicles, motorcy- cles or trailers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 420 of the vehicle and traffic law is amended by adding a new subdivision 9 to read as follows: 9. THE COMMISSIONER SHALL, UPON SUBMISSION OF WRITTEN EVIDENCE FROM THE OWNER OF A REGISTERED MOTOR VEHICLE, MOTORCYCLE OR TRAILER, THAT SUCH VEHICLE WAS REPORTED STOLEN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AND/OR THE OWNER'S AUTOMOBILE INSURANCE COMPANY, AND UPON PAYMENT OF A TRANSFER FEE OF SEVEN DOLLARS AND SEVENTY-FIVE CENTS, CREDIT THE UNUSED PORTION OF THE REGISTRATION FEE PAID FOR SUCH VEHICLE AGAINST ANY SUBSEQUENT REGISTRATION FEE WHICH BECOMES DUE FOR ANOTHER MOTOR VEHICLE, MOTORCYCLE OR TRAILER OWNED BY THE REGISTRANT. THE AMOUNT OF SUCH CREDIT SHALL BE COMPUTED BY APPORTIONING THE REGISTRATION FEE FOR REGISTERING THE STOLEN VEHICLE BETWEEN THE NUMBER OF MONTHS FOR WHICH THE REGISTRA- TION FEE WAS PAID WITH THE NUMBER OF MONTHS REMAINING AT THE TIME SUCH VEHICLE WAS STOLEN. WHENEVER THE AMOUNT OF THE CREDIT AS PROVIDED FOR HEREIN SHALL AMOUNT TO OTHER THAN A WHOLE DOLLAR AMOUNT, THE CREDIT SHALL BE ROUNDED TO THE NEAREST TWENTY-FIVE CENTS. S 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.

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