Bill Text: NY S04191 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S04191 Detail]

Download: New_York-2017-S04191-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4191
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 6, 2017
                                       ___________
        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:
     1    Section  1.  Subdivision 2 of section 423-a of the vehicle and traffic
     2  law, as added by chapter 976 of the laws of 1981, is amended to read  as
     3  follows:
     4    2. Assignment of a new identification number and return of motor vehi-
     5  cle,  trailer  or  part  to  owner.    If a person other than the person
     6  arrested be the owner, the motor  vehicle,  trailer  or  part  shall  be
     7  returned  to  him  or  her as soon as he or she has arranged to have the
     8  department of motor vehicles affix a new number, or in  the  case  of  a
     9  part,  inspect such part, and the department has done so, as provided in
    10  section four hundred twenty-two of this [chapter] article.  Prior to the
    11  return of the motor vehicle, trailer or part, or the transfer of custody
    12  of said motor vehicle, trailer or  part,  the  arresting  officer  shall
    13  transmit notice of the arrest to the commissioner.
    14    §  2. Subdivision 3 of section 423-a of the vehicle and traffic law is
    15  amended by adding a new paragraph (d) to read as follows:
    16    (d) Notwithstanding any other provision of this section, ownership  of
    17  an  unidentifiable  part  in an otherwise identifiable motorcycle, other
    18  than a stolen motorcycle, held by the department or by a police  depart-
    19  ment  shall  be  transferred to the owner of such motorcycle upon his or
    20  her request, provided that the department or police department makes  an
    21  investigation  and,  if appropriate, holds a hearing and finds that such
    22  owner had no knowledge that the part was unidentifiable  and  that  such
    23  owner was neither responsible for rendering such part unidentifiable nor
    24  acting in concert with any person who rendered or had such part rendered
    25  unidentifiable.  Such  transfer  shall be made without any payment being
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09230-01-7
        S. 4191                             2
     1  made to the department or police department provided  that  the  depart-
     2  ment's  or  police  department's investigation results in a finding that
     3  the person has been the owner of the motorcycle with the  unidentifiable
     4  part  contained  therein  for a period of at least eighteen months. Such
     5  investigation shall be made by the department or the  police  department
     6  within  thirty  days of the request of such owner for the return of such
     7  unidentifiable part. If the owner of such motorcycle  cannot  be  ascer-
     8  tained,  or  if  the owner or custodian is arrested and convicted of the
     9  theft or unlawful possession of such motorcycle, such a transfer may  be
    10  made  to  a  person  engaged  in the business of buying or selling motor
    11  vehicles, trailers or parts who is subject to the presumption in  subdi-
    12  vision one of section four hundred twenty-one of this article, only upon
    13  payment to the department or to the police department of an amount equal
    14  to  the reasonable wholesale value of the part. Proceeds from the trans-
    15  fer of any such part shall be paid into the general fund of the state if
    16  transferred by the department or the division of state police,  or  into
    17  the general fund of the appropriate local authority, if transferred by a
    18  local  police  department. No such part shall be transferred pursuant to
    19  this paragraph until a special identification number has been affixed to
    20  such part and the appropriate fee has been paid  by  the  owner  of  the
    21  motorcycle.
    22    § 3. This act shall take effect on the one hundred twentieth day after
    23  it shall have become a law.