NY State Senate Bill 2013-S396

Senate Bill S396

2013-2014 Legislative Session

Provides that ownership of unidentifiable part in identifiable motorcycle, other than stolen motorcycle shall be returned to owner after investigation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to transportation
Jan 09, 2013	referred to transportation

2013-S396 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §423-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1298
2011-2012: S1338
2015-2016: S1650
2017-2018: S4191

2013-S396 (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.

2013-S396 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S396

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 commissioner.

Section two of the bill would require the transfer of ownership of an
unidentifiable part in an otherwise identifiable motorcycle (other
than a stolen motorcycle) held by DMV or a local police department to
the owner of the motorcycle, provided that DMV or such department has
made findings that the owner had no knowledge that the part was
unidentifiable and the owner was neither responsible for rendering
the part unidentifiable nor acting in concert with any person to do
so. This section also would require an investigation for making such
findings, to be made no later than 30 days after seizure of the
motorcycle. Upon such findings, the bill would require DMV or such
police department to return such motorcycle to its Owner immediately.
Finally, the bill would require DMV to establish a system of
safeguards to ensure the return of a seized or confiscated motorcycle
in an undamaged condition.

JUSTIFICATION:

There have been instances in New York State where motorcycles have
been seized from innocent owners, on the grounds that the vehicle
identification numbers (VINs) of such motorcycles or parts thereof
have been destroyed, removed, altered, defaced or covered in a manner
so as to be effectually concealed. Despite the fact that such owners
were neither arrested nor convicted of violating the law requiring
retention of VINs on vehicles, often the motorcycles in question are
not returned.
This bill will ensure that persons innocent of any illegal action
regarding VINs are able to have their property returned in a timely
fashion. It also will ensure that the seizure of such vehicles
in the first


instance are pursuant to criteria established by the Department of Motor
Vehicles.

PRIOR LEGISLATIVE HISTORY:

2011/12 - S.1336
2009/10 - S.1298/A.1933 - Advanced to 3rd Reading

FISCAL IMPLICATIONS:

Unknown.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become law.

2013-S396 (ACTIVE) - Bill Text download pdf

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

                                   396

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00668-01-3

S. 396                              2

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
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.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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