NY State Senate Bill 2015-S1146A

Archive: Last Bill Status - In Senate Committee Insurance 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 13, 2016	print number 1146a
Jan 13, 2016	amend and recommit to insurance
Jan 06, 2016	referred to insurance
Jan 09, 2015	referred to insurance

Bill Amendments

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A (Active)

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2015-S1146 - Details

See Assembly Version of this Bill:: A2033
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§401, 405 & 2133, Ins L; amd §§170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4847
2013-2014: S2373, A9026
2017-2018: S3665, A5144
2019-2020: A4032

2015-S1146 - Summary

Grants the superintendent of financial services authority to investigate fraudulent activities, such as motor vehicle operators who drive with no insurance coverage, and those who misrepresent their principal place of residence or where their motor vehicle is principally garaged and operated; authorizes such superintendent to accept reports of suspected fraudulent insurance actions; requires insurance companies and self-insurers to report incidents of insurance fraud to the department of financial services; includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card

2015-S1146 - Sponsor Memo

                                BILL NUMBER:S1146

TITLE OF BILL:  An act to amend the insurance law, the penal law, and
the vehicle and traffic law, in relation to insurance fraud; and to
repeal subdivision 1 of section 502 of the vehicle and traffic law
relating to applications for licenses

PURPOSE:

The purpose of this bill is reduce the incidence of auto insurance
fraud including fraud committed by those who misrepresent where they
live, operate their automobile, and garage such vehicle for insurance
coverage purposes. By misrepresenting where such automobile operators
truly live and operate their motor vehicle, these persons obtain
inappropriate reductions in their auto insurance premium rates and
such costs are shifted to other law abiding automobile owners.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Insurance Law section 401(d) to explicitly
expand the authority of the Superintendent of Financial Services,
under the Insurance Fraud prevention Article, to investigate
fraudulent activities with regard to motor vehicle operators who have
not secured automobile insurance coverage or who misrepresent the
principle place where such automobiles are garaged and operated. The
bill was amended to make some changes to this bill section with

regards to insureds and operators of motor vehicles.

Section 2: Amends Insurance Law section 405(a) to authorize the
Insurance Frauds Bureau to accept reports of suspected fraudulent
insurance transactions from any self insurer with regard to health
insurance coverage, motor vehicle liability coverage, or workers
compensation coverage.

Section 3: Amends Insurance Law section 2133 to expand the scope of
prohibition for any insurance company, insurance agent, broker, or
other person who knowingly possesses, transfers or uses a forged
insurance identification card to also include other false insurance
documents which purports to evince insurance coverage when it is not
in effect or is at limits less than those stated on the document.

Section 4: Amends Penal Law section 170.10 to add a new (6) to the
list of documents that the forgery of is considered to be forgery in
the Second Degree. The new document that, if forged, would be forgery
in the Second Degree are certificates of insurance or an insurance
identification card.

Section 5: Amends Penal Law section 170.15 (Forgery in the First
Degree) to include as forgery in the first degree, the fraudulent
making, completion, or alteration of 10 or more written instruments
such as certificates of insurance or insurance identification cards.

Section 6: Adds a new Penal Law section 175.50 to make it a class E
felony to offer a false application for motor vehicle insurance or
registration. Under this provision, anyone who submits to the
Department of Motor vehicles or to an auto insurer (to obtain an auto
insurance policy or insurance identification card) any document that


contains a false statement or information with regard to where such
applicant resides or where such applicant's motor vehicle is garaged
or operated and such document is used directly or indirectly to
register an automobile shall be a class E felony.

Section 7: Amends Penal Law section 176.05 which defines the term
"insurance fraud". Under this bill, the term "insurance fraud" is
expanded to include any false document used to secure either insurance
coverage, file an insurance policy claim, or obtain payment for
personal lines insurance coverages (i.e. auto and homeowners
insurance). Under current law, only raise documents that are used to
secure commercial lines policies or money for claims against a
commercial lines policy (i.e. general liability or business property
policies) are considered to be insurance fraud. This bill expands the
types of insurance policies that persons cannot lie about to obtain
coverage or claims payment to include personal lines coverages such as
motor vehicle liability or homeowners insurance.

Section 8: Amends Penal Law section 176.15 to expand the scope of
insurance fraud in the 4th degree to include the operation of a motor
vehicle on a public highway when such operator is insured by a policy
issued under the laws of another state, but such person in fact
principally lives and garages their vehicle in New York.

Section 9: A new Vehicle & Traffic Law section 201-a is added to give
law enforcement personnel access to any individual's street address
provided to the Department of Motor Vehicles to register a motor
vehicle in this state or to obtain a driver's license in this State.
This information can be used to ensure that those who submit
information to the Department submit accurate information of their
residence and where they operate and garage their motor vehicle for
auto insurance premium rating purposes.

Section 10: Amends Vehicle & Traffic Law section 401(1) to require
that all those who file an application to register an automobile in
New York must provide their street address where they reside if such
person uses a Post Office box for their location of residence. The
purpose of this provision is to curtail those that submit fraudulent
information on where such applicants truly reside.

Section 11: Section 502 (1) of the vehicle and traffic law as it was
amended by chapters 465 and 487 of the laws of 2012 is repealed and
replaced to require that all those who file an application for a
driver's license must provide their street address where they reside
if such person uses a Post Office box for their location of residence.

Section 12: Amends Vehicle & Traffic law section 502 (1) added by
section 11 of this act.

Section 13: Effective Date.

JUSTIFICATION:

The purpose of this bill is to address the ever increasing incidence
of auto insurance fraud in this state. More particularly, this bill
seeks to address insurance fraud that is perpetrated against those law
abiding operators of motor vehicles that accurately and truthfully


disclose where they reside and operate and garage their vehicles,
regardless of where they live. Some who live in high auto insurance
rate areas, such as the New York City metropolitan area, misrepresent
where they live, garage and operate their automobiles and fraudulently
maintain that they live in low insurance premium rate areas that are
either upstate or out of state.

There is a prevalence of in-state residents misrepresenting their true
place of residence so that they can obtain much lower auto insurance
rates. Instead of disclosing their true address in high insurance
premium places such as, for example, Bronx or Kings Counties, they
state that they live in lower insurance premium rated territories such
as North Carolina, Pennsylvania, or upstate counties that have much
lower incidents of motor vehicle theft, car accidents or judgments
relegated to motor vehicle accidents. This issue was a topic of a
report released in 2006 by the State Commission on Investigations.
Since 2006, the commission has sunsetted, however, senator Klein is
revising end updating this report. The new Report "Auto Insurance Rate
Evasion" was released in February 2011. This bill implements many of
the suggested changes contained in that Report.

This situation or rate evasion, while artificially lowering the
insured auto rates of those who fraudulently do not disclose their
true residential address, substantially increases the insurance
premiums paid by those who truthfully disclose their actual place of
residence and where they operated and garaged their cars. This bill
should bring more equity to those who purchase auto insurance
coverages in this state and ensure that everyone pays their fair share
for auto insurance coverages that matches their actuarial risk of
potential physical damage or theft of their automobiles, risk of
personal injury or liability exposure due to judgments obtain in local
courts.

LEGISLATIVE HISTORY:

This bill passed the Senate in 2013-2014 S. 2373, 2011-2012 - S. 4847
- Passed Senate in 2011, and reported to Sen.  Calendar in 2012
Similar to S.988 of 2011 - Similar to S.7091 of 2010 - Referred to
Insurance

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

180 days after it shall have become law, provided however, that
section 12 take effect before October 3, 2016 and sections 4, 5, 6, 7,
and 8 take effect the first of November next succeeding that date it
becomes law.

2015-S1146 - Bill Text download pdf

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

                                  1146

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sens. KLEIN, AVELLA, CARLUCCI, SAVINO, SQUADRON, STAVISKY,
  VALESKY  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Insurance

AN ACT to amend the insurance law, the penal law, and  the  vehicle  and
  traffic law, in relation to insurance fraud; and to repeal subdivision
  1  of  section 502 of the vehicle and traffic law relating to applica-
  tions for licenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 401 of the insurance law is amended by adding a new
subsection (d) to read as follows:
  (D)  THE  SUPERINTENDENT  SHALL  HAVE BROAD AUTHORITY PURSUANT TO THIS
CHAPTER TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO  INDIVIDUALS
THAT  OPERATE MOTOR VEHICLES WITH NO INSURANCE COVERAGE, AND MOTOR VEHI-
CLE INSUREDS WHO MISREPRESENT THE PRINCIPAL PLACE  WHERE  INSURED  MOTOR
VEHICLES  ARE  GARAGED  AND  OPERATED.  OPERATING MOTOR VEHICLES WITHOUT
PROPER INSURANCE IN VIOLATION OF ARTICLE SIX OF THE VEHICLE AND  TRAFFIC
LAW  IS A SIGNIFICANT DANGER TO THE PUBLIC BECAUSE DRIVERS ARE UNABLE TO
COMPENSATE INDIVIDUALS FOR PERSONAL INJURIES, DEATH AND PROPERTY  DAMAGE
THEY  INFLICT  UPON  OTHERS.    FURTHERMORE,  MOTOR VEHICLE INSUREDS WHO
MISREPRESENT THE PRINCIPAL PLACE WHERE SUCH  VEHICLES  ARE  GARAGED  AND
OPERATED  IMPROPERLY  SHIFT THEIR HIGH LIABILITY EXPOSURE COSTS TO OTHER
MOTOR VEHICLE INSUREDS THAT DO NOT FACE SUCH  HIGH  LIABILITY  RISK  AND
INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
section  7  of  part  A of chapter 62 of the laws of 2011, is amended to
read as follows:
  (a) Any person licensed or registered pursuant to  the  provisions  of
this  chapter,  and  any  person engaged in the business of insurance or
life settlement in this state who is exempted from compliance  with  the
licensing  requirements  of  this chapter, including the state insurance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03886-01-5

S. 1146                             2

fund of this state, who has reason to believe that an  insurance  trans-
action or life settlement act may be fraudulent, or has knowledge that a
fraudulent  insurance  transaction  or fraudulent life settlement act is
about  to take place, or has taken place shall, within thirty days after
determination by such person that the transaction appears to be  fraudu-
lent, send to the superintendent on a form prescribed by the superinten-
dent, the information requested by the form and such additional informa-
tion  relative  to  the factual circumstances of the transaction and the
parties involved as the superintendent may require.  The  superintendent
shall  accept  reports of suspected fraudulent insurance transactions or
fraudulent life settlement acts from any self insurer, including but not
limited to self insurers providing health insurance  coverage  or  those
defined  in  section  fifty  of the workers' compensation law, and shall
treat such reports as any other received pursuant to this section.   THE
SUPERINTENDENT  SHALL  ACCEPT  REPORTS OF SUSPECTED FRAUDULENT INSURANCE
TRANSACTIONS FROM ANY SELF INSURER INCLUDING, BUT NOT LIMITED  TO,  SELF
INSURERS  PROVIDING  HEALTH  INSURANCE  COVERAGE,  THOSE PROVIDING MOTOR
VEHICLE LIABILITY INSURANCE OR THOSE DEFINED IN  SECTION  FIFTY  OF  THE
WORKERS'  COMPENSATION  LAW,  AND  SHALL TREAT SUCH REPORTS AS ANY OTHER
RECEIVED PURSUANT TO THIS SECTION.
  S 3. Section 2133 of the insurance law, as amended by  chapter  77  of
the laws of 1994, is amended to read as follows:
  S  2133. [Forged] FALSE INSURANCE DOCUMENTS AND FORGED insurance iden-
tification cards. Any  insurance  company,  insurance  agent,  insurance
broker  or  other person who or which, personally or by the action of an
employee or agent, KNOWINGLY possesses, transfers or uses: (A) ANY DOCU-
MENT WHICH PURPORTS TO EVINCE INSURANCE COVERAGE WHEN SUCH  COVERAGE  IS
NOT  IN  EFFECT  OR IS IN EFFECT AT LIMITS LESS THAN THOSE STATED IN THE
DOCUMENT; OR (B) a forged insurance  identification  card  for  a  motor
vehicle, having knowledge, personally or through such employee or agent,
of  the  fact  that such insurance identification card, when issued, did
not actually represent an owner's policy of  liability  insurance  or  a
financial  security  bond  issued by an insurance company licensed to do
business in this state covering the motor  vehicle  identified  on  such
card, shall be liable for payment to the people of this state of a civil
penalty  in  a sum not exceeding one thousand dollars for the first such
violation and a sum not exceeding five thousand dollars for each  subse-
quent  violation.  For  the  purposes  of  this section the term "forged
insurance identification card" means a written insurance  identification
card  which  has  been  falsely made, completed or altered, and the term
"falsely made, completed or altered" shall have the same meaning as  set
forth in section 170.00 of the penal law.
  S  4.  Subdivision 5 of section 170.10 of the penal law is amended and
a new subdivision 6 is added to read as follows:
  5. A prescription of a duly licensed physician or other person author-
ized to issue the same for any drug or any instrument or device used  in
the  taking  or  administering  of  drugs  for  which  a prescription is
required by law[.]; OR
  6. A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD,  AS
DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S 5. Section 170.15 of the penal law is amended to read as follows:
S 170.15 Forgery in the first degree.
  A person is guilty of forgery in the first degree when, with intent to
defraud,  deceive  or injure another, he OR SHE falsely makes, completes
or alters [a]:
  1. TEN OR MORE WRITTEN INSTRUMENTS; OR

S. 1146                             3

  2. A written instrument which is or purports to be, or which is calcu-
lated to become or to represent if completed:
  [1.]  (A) Part of an issue of money, stamps, securities or other valu-
able instruments issued by a government or governmental instrumentality;
or
  [2.] (B) Part of an issue of stock, bonds or other instruments repres-
enting interests in or claims against a corporate or other  organization
or its property.
  Forgery in the first degree is a class C felony.
  S  6.  The penal law is amended by adding a new section 175.50 to read
as follows:
S 175.50 OFFERING A FALSE APPLICATION FOR  MOTOR  VEHICLE  INSURANCE  OR
           REGISTRATION.
  A  PERSON  IS GUILTY OF OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE
INSURANCE OR REGISTRATION WHEN KNOWING THAT ANY DOCUMENT HE OR SHE FILES
WITH THE DEPARTMENT OF MOTOR VEHICLES OR AN INSURER PROVIDING  LIABILITY
INSURANCE FOR A MOTOR VEHICLE CONTAINS A FALSE STATEMENT OR FALSE INFOR-
MATION  WITH REGARD TO WHERE HE OR SHE RESIDES OR WHERE HIS OR HER MOTOR
VEHICLE IS GARAGED AND OPERATED.
  OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE INSURANCE OR  REGISTRA-
TION IS A CLASS E FELONY.
  S  7.  Subdivision 1 of section 176.05 of the penal law, as amended by
chapter 211 of the laws of 2011, is amended to read as follows:
  1. any written statement as part of, or in support of, an  application
for  the issuance of, or the rating of a commercial insurance policy, or
certificate or evidence of self insurance  for  commercial  OR  PERSONAL
insurance  or  commercial  OR  PERSONAL  self  insurance, or a claim for
payment or other benefit pursuant to an insurance policy or self  insur-
ance  program  for commercial or personal insurance that he or she knows
to:
  (a) contain materially false information concerning any fact  material
thereto; or
  (b) conceal, for the purpose of misleading, information concerning any
fact material thereto; or
  S 8. Section 176.15 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
S 176.15 Insurance fraud in the fourth degree.
  A  person  is  guilty  of insurance fraud in the fourth degree when he
[commits] OR SHE:
  1. COMMITS a fraudulent insurance act and  thereby  wrongfully  takes,
obtains or withholds, or attempts to wrongfully take, obtain or withhold
property with a value in excess of one thousand dollars; OR
  2. OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY, WHEN SUCH MOTOR VEHI-
CLE  IS INSURED BY A POLICY ISSUED UNDER THE LAWS OF ANOTHER STATE, WHEN
SUCH PERSON MAINTAINS HIS OR HER PRINCIPAL RESIDENCE IN  THIS  STATE  OR
SUCH MOTOR VEHICLE IS PRINCIPALLY GARAGED IN THIS STATE, AND SUCH INSUR-
ANCE POLICY WAS ISSUED UPON ANY WRITTEN OR ORAL STATEMENT BY SUCH PERSON
THAT  HE  OR  SHE  PRINCIPALLY  RESIDES IN SUCH OTHER STATE OR THAT SUCH
MOTOR VEHICLE IS PRINCIPALLY GARAGED IN SUCH OTHER STATE.
  Insurance fraud in the fourth degree is a class E felony.
  S 9. The vehicle and traffic law is amended by adding  a  new  section
201-a to read as follows:
  S  201-A.  ACCESS  TO  INFORMATION.  THE  DEPARTMENT  SHALL  ALLOW LAW
ENFORCEMENT PERSONNEL ACCESS TO ANY INDIVIDUAL'S STREET ADDRESS PROVIDED
PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION FOUR  HUNDRED  ONE
AND SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.

S. 1146                             4

  S  10.  Paragraph b of subdivision 1 of section 401 of the vehicle and
traffic law, as amended by chapter 222 of the laws of 1996,  is  amended
to read as follows:
  b.  Every  owner  of a motor vehicle which shall be operated or driven
upon the public highways  of  this  state  shall,  except  as  otherwise
expressly  provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any  agent  of  the
commissioner,  constituted  as  provided in this chapter, an application
for registration addressed to the commissioner, and on  a  blank  to  be
prepared  under  the  direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the  motor  vehicle
to be registered, including the name and factory number of such vehicle,
and  such  other facts as the commissioner shall require; (b) the weight
of the vehicle upon which the registration fee is based if  the  fee  is
based  on  weight;  (c)  the name and residence, including county of the
owner of such motor vehicle, PROVIDED THAT IF THE APPLICANT USES A  POST
OFFICE BOX WHEN PROVIDING A RESIDENCE ADDRESS, SUCH APPLICANT SHALL ALSO
PROVIDE  THE  STREET  ADDRESS  AT  WHICH HE OR SHE RESIDES; (d) provided
that, if such motor vehicle is used or to be used  as  an  omnibus,  the
applicant  also  shall  so  certify,  and in the case of an omnibus also
certify as to the seating capacity, and if the omnibus is to be operated
wholly within a municipality pursuant to a franchise other than a  fran-
chise  express  or  implied  in  articles  of incorporation upon certain
streets designated in such franchise, those facts shall also  be  certi-
fied,  and  a  certified copy of such franchise furnished to the commis-
sioner; (e) provided, that, if such motor vehicle is an altered  livery,
the  applicant  shall  so  furnish a certified copy of the length of the
center panel of such vehicle, provided, however, that  the  commissioner
shall  require  such  proof, as he OR SHE may determine is necessary, in
the application for registration and provided  further,  if  the  center
panel of such vehicle exceeds one hundred inches, the commissioner shall
require  proof  that  such  vehicle is in compliance with all applicable
federal and state motor vehicle safety standards;  and  (f)  such  addi-
tional  facts  or evidence as the commissioner may require in connection
with the application for registration. Every owner of  a  trailer  shall
also  make application for the registration thereof in the manner herein
provided for an application to  register  a  motor  vehicle,  but  shall
contain a statement showing the manufacturer's number or other identifi-
cation satisfactory to the commissioner and no number plate for a trail-
er  issued  under  the  provisions  of subdivision three of section four
hundred two of this [chapter] ARTICLE shall be transferred  to  or  used
upon  any  other  trailer than the one for which number plate is issued.
The commissioner shall require proof, in the application  for  registra-
tion,  or  otherwise, as such commissioner may determine, that the motor
vehicle for which registration is applied for is  equipped  with  lights
conforming  in  all respects to the requirements of this chapter, and no
motor vehicle shall be registered unless it shall appear by such  proofs
that such motor vehicle is equipped with proper lights as aforesaid. The
said application shall contain or be accompanied by such evidence of the
ownership  of  the  motor vehicle described in the application as may be
required by the commissioner or his OR HER agent and which, with respect
to new vehicles, shall include, unless otherwise  specifically  provided
by  the  commissioner,  the manufacturer's statement of origin. Applica-
tions received by an agent of the commissioner shall be forwarded to the
commissioner as he OR SHE shall direct for filing.  No  application  for
registration  shall be accepted unless the applicant is at least sixteen

S. 1146                             5

years of age AND HAS SIGNED SUCH APPLICATION ATTESTING TO THE TRUTH  AND
VERACITY OF THE FACTS STATED THEREIN.
  S  11. Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by chapters 465 and 487  of  the  laws  of  2012,  is
REPEALED and a new subdivision 1 is added to read as follows:
  1.  APPLICATION  FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL
BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE  SUBMITTED
WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI-
TY,  AGE, ADDRESS OF HIS OR HER RESIDENCE AND FITNESS AS MAY BE REQUIRED
BY THE COMMISSIONER.  WHEN PROVIDING HIS OR HER  ADDRESS  OF  RESIDENCE,
THE  APPLICANT  SHALL  PROVIDE  THE  STREET  ADDRESS  AT WHICH HE OR SHE
RESIDES.  EACH APPLICANT SHALL SIGN HIS OR HER APPLICATION ATTESTING  TO
THE TRUTH AND VERACITY OF THE FACTS STATED THEREIN. THE COMMISSIONER MAY
ALSO  PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE TAKING OF
A PHOTO IMAGE OR IMAGES OF THE APPLICANT IN ACCORDANCE  WITH  RULES  AND
REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN ADDITION, THE COMMISSION-
ER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER SOCIAL SECU-
RITY  NUMBER  AND  SHALL  PROVIDE  SPACE  ON THE APPLICATION SO THAT THE
APPLICANT MAY REGISTER IN THE NEW YORK  STATE  ORGAN  AND  TISSUE  DONOR
REGISTRY  UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW
WITH THE FOLLOWING STATED ON THE APPLICATION IN  CLEAR  AND  CONSPICUOUS
TYPE:
  "YOU  MUST  FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES'  OR  'SKIP  THIS  QUES-
TION'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO  CHECK
A  BOX  SHALL  NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO
CHECK "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE  CONSTRUED  TO
IMPLY  A  WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN
YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE  CONSENT  TO  MAKE  AN
ANATOMICAL  GIFT  OR  REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN
APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR  REGIS-
TERED  IN  THE  DONATE  LIFE  REGISTRY, CHECKING "SKIP THIS QUESTION" OR
FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT  CONSENT  OR  REGISTRATION.
THE  COMMISSIONER  SHALL  PROVIDE  SPACE  ON THE APPLICATION SO THAT THE
APPLICANT MAY REQUEST NOTATION UPON SUCH LICENSE THAT HE  OR  SHE  IS  A
VETERAN  OF  THE  UNITED STATED ARMED FORCES.  IN ADDITION, AN APPLICANT
FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE  A  COMMERCIAL  MOTOR
VEHICLE  IN  INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS
THE REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS SET FORTH  IN
PUBLIC  LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES  SECRETARY
OF  TRANSPORTATION  UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN
ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT  A
MEDICAL  CERTIFICATE  AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR
CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF
THE CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN
A MANNER PRESCRIBED BY THE COMMISSIONER.  FOR PURPOSES OF  THIS  SECTION
AND  SECTIONS  FIVE  HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED
TEN-AA OF THIS TITLE,  THE  TERMS  "MEDICAL  CERTIFICATE"  AND  "MEDICAL
CERTIFICATION"  SHALL  MEAN  A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE
FORM SET FORTH IN PART 391.43(H) OF TITLE 49  OF  THE  CODE  OF  FEDERAL
REGULATIONS.  UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL DRIV-
ER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE  APPLICA-
TION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.

S. 1146                             6

  S  12. Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section eleven of this act, is amended to read as follows:
  1.  Application  for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be  submitted
with such application. The applicant shall furnish such proof of identi-
ty,  age, address of his or her residence and fitness as may be required
by the commissioner.  When providing his or her  address  of  residence,
the  applicant  shall  provide  the  street  address  at which he or she
resides.  Each applicant shall sign his or her application attesting  to
the truth and veracity of the facts stated therein. The commissioner may
also  provide that the application procedure shall include the taking of
a photo image or images of the applicant in accordance  with  rules  and
regulations prescribed by the commissioner. In addition, the commission-
er also shall require that the applicant provide his or her social secu-
rity  number  and  [shall]  provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry  under section forty-three hundred ten of the public health law
[with the following stated on the application in clear  and  conspicuous
type:
  "You  must  fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
tion'."
  The  commissioner  of  the  department  of  health  shall not maintain
records of any person who checks "skip this question". Failure to  check
a  box  shall  not impair the validity of an application, and failure to
check "yes" or checking "skip this question" shall not be  construed  to
imply  a  wish not to donate. In the case of an applicant under eighteen
years of age, checking "yes" shall not constitute  consent  to  make  an
anatomical  gift  or  registration in the donate life registry. Where an
applicant has previously consented to make an anatomical gift or  regis-
tered  in  the  donate  life  registry, checking "skip this question" or
failing to check a box shall not impair that  consent  or  registration.
The  commissioner  shall  provide]; AND space on the application so that
the applicant may request notation upon such license that he or she is a
veteran of the United Stated armed forces.   In addition,  an  applicant
for  a  commercial  driver's license who will operate a commercial motor
vehicle in interstate commerce shall certify that such  applicant  meets
the  requirements to operate a commercial motor vehicle, as set forth in
public law 99-570, title XII, and title 49 of the code of federal  regu-
lations,  and all regulations promulgated by the United States secretary
of transportation under the hazardous materials transportation  act.  In
addition,  an applicant for a commercial driver's license shall submit a
medical certificate at such intervals as required by the  federal  motor
carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
the code of federal regulations relating to medical certification and in
a  manner  prescribed by the commissioner.  For purposes of this section
and sections five hundred three, five hundred ten-a,  and  five  hundred
ten-aa  of  this  title,  the  terms  "medical certificate" and "medical
certification" shall mean a form substantially in  compliance  with  the
form  set  forth  in  Part  391.43(h) of title 49 of the code of federal
regulations. Upon a determination that the holder of a commercial  driv-
er's  license has made any false statement, with respect to the applica-
tion for such license, the commissioner shall revoke such license.
  S 13. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law, provided however, that:
  (a) section twelve of this act shall take effect October 3, 2016; and

S. 1146                             7

  (b)  sections  four, five, six, seven and eight of this act shall take
effect on the first of November next succeeding the  date  on  which  it
shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S1146A (ACTIVE) - Details

See Assembly Version of this Bill:: A2033
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§401, 405 & 2133, Ins L; amd §§170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4847
2013-2014: S2373, A9026
2017-2018: S3665, A5144
2019-2020: A4032

2015-S1146A (ACTIVE) - Summary

2015-S1146A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1146A

 TITLE OF BILL :  An act to amend the insurance law, the penal law,
and the vehicle and traffic law, in relation to insurance fraud; and
to repeal subdivision 1 of section 502 of the vehicle and traffic law
relating to applications for licenses

 PURPOSE :  The purpose of this bill is reduce the incidence of auto
insurance fraud including fraud committed by those who misrepresent
where they live, operate their automobile, and garage such vehicle for
insurance coverage purposes. By misrepresenting where such automobile
operators truly live and operate their motor vehicle, these persons
obtain inappropriate reductions in their auto insurance premium rates
and such costs are shifted to other law abiding automobile owners.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new Insurance Law section 401(d) to explicitly
expand the authority of the Superintendent of Financial Services,
under the Insurance Fraud prevention Article, to investigate
fraudulent activities with regard to motor vehicle operators who have
not secured automobile insurance coverage or who misrepresent the
principle place where such automobiles are garaged and operated. The
bill was amended to make some changes to this bill section with
regards to insureds and operators of motor vehicles.

Section 2: Amends Insurance Law section 405(a) to authorize the
Insurance Frauds Bureau to accept reports of suspected fraudulent
insurance transactions from any self insurer with regard to health
insurance coverage, motor vehicle liability coverage, or workers
compensation coverage.

Section 3: Amends Insurance Law section 2133 to expand the scope of
prohibition for any insurance company, insurance agent, broker, or
other person who knowingly possesses, transfers or uses a forged
insurance identification card to also include other false insurance
documents which purports to evince insurance coverage when it is not
in effect or is at limits less than those stated on the document.

Section 4: Amends Penal Law section 170.10 to add a new (6) to the
list of documents that the forgery of is considered to be forgery in
the Second Degree. The new document that, if forged, would be forgery
in the Second Degree are certificates of insurance or an insurance
identifica-

Section 12: Amends Vehicle & Traffic law section 502 (1) added by
section 11 of this act.

Section 13: Effective Date.

 JUSTIFICATION :  The purpose of this bill is to address the ever
increasing incidence of auto insurance fraud in this state. More
particularly, this bill seeks to address insurance fraud that is
perpetrated against those law abiding operators of motor vehicles that
accurately and truthfully disclose where they reside and operate and
garage their vehicles, regardless of where they live. Some who live in
high auto insurance rate areas, such as the New York City metropolitan
area, misrepresent where they live, garage and operate their
automobiles and fraudulently maintain that they live in low insurance
premium rate areas that are either upstate or out of state.

There is a prevalence of in-state residents misrepresenting their true
place of residence so that they can obtain much lower auto insurance
rates. Instead of disclosing their true address in high insurance
premium places such as, for example, Bronx or Kings Counties, they
state that they live in lower insurance premium rated territories such
as North Carolina, Pennsylvania, or upstate counties that have much
lower incidents of motor vehicle theft, car accidents or judgments
relegated to motor vehicle accidents. This issue was a topic of a
report released in 2006 by the State Commission on Investigations.
Since 2006, the commission has sunsetted, however, senator Klein is
revising end updating this report. The new Report "Auto Insurance Rate
Evasion" was released in February 2011. This bill implements many of
the suggested changes contained in that Report.

This situation or rate evasion, while artificially lowering the
insured auto rates of those who fraudulently do not disclose their
true residential address, substantially increases the insurance
premiums paid by those who truthfully disclose their actual place of
residence and where they operated and garaged their cars. This bill
should bring more equity to those who purchase auto insurance
coverages in this state and ensure that everyone pays their fair share
for auto insurance coverages that matches their actuarial risk of
potential physical damage or theft of their automobiles, risk of
personal injury or liability exposure due to judgments obtain in local
courts.

 LEGISLATIVE HISTORY :  This bill passed the Senate in 2013-2014 S.
2373, 2011-2012 - S. 4847 Passed Senate in 2011, and reported to Sen.
Calendar in 2012 Similar to S.988 of 2011 - Similar to S.7091 of 2010
- Referred to Insurance

 FISCAL IMPLICATIONS :  None

2015-S1146A (ACTIVE) - Bill Text download pdf

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

                                 1146--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sens. KLEIN, AVELLA, CARLUCCI, SAVINO, SQUADRON, STAVISKY,
  VALESKY  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Insurance -- recommitted to the  Commit-
  tee on Insurance in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the insurance law, the penal law, and the vehicle and
  traffic law, in relation to insurance fraud; and to repeal subdivision
  1 of section 502 of the vehicle and traffic law relating  to  applica-
  tions for licenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 401 of the insurance law is amended by adding a new
subsection (d) to read as follows:
  (D) THE SUPERINTENDENT SHALL HAVE BROAD  AUTHORITY  PURSUANT  TO  THIS
CHAPTER  TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO INDIVIDUALS
THAT OPERATE MOTOR VEHICLES WITH NO INSURANCE COVERAGE, AND MOTOR  VEHI-
CLE  INSUREDS  WHO  MISREPRESENT THE PRINCIPAL PLACE WHERE INSURED MOTOR
VEHICLES ARE GARAGED AND  OPERATED.  OPERATING  MOTOR  VEHICLES  WITHOUT
PROPER  INSURANCE IN VIOLATION OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC
LAW IS A SIGNIFICANT DANGER TO THE PUBLIC BECAUSE DRIVERS ARE UNABLE  TO
COMPENSATE  INDIVIDUALS FOR PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE
THEY INFLICT UPON OTHERS.    FURTHERMORE,  MOTOR  VEHICLE  INSUREDS  WHO
MISREPRESENT  THE  PRINCIPAL  PLACE  WHERE SUCH VEHICLES ARE GARAGED AND
OPERATED IMPROPERLY SHIFT THEIR HIGH LIABILITY EXPOSURE COSTS  TO  OTHER
MOTOR  VEHICLE  INSUREDS  THAT  DO NOT FACE SUCH HIGH LIABILITY RISK AND
INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
section 7 of part A of chapter 62 of the laws of  2011,  is  amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03886-03-6

S. 1146--A                          2

  (a)  Any  person  licensed or registered pursuant to the provisions of
this chapter, and any person engaged in the  business  of  insurance  or
life  settlement  in this state who is exempted from compliance with the
licensing requirements of this chapter, including  the  state  insurance
fund  of  this state, who has reason to believe that an insurance trans-
action or life settlement act may be fraudulent, or has knowledge that a
fraudulent insurance transaction or fraudulent life  settlement  act  is
about  to take place, or has taken place shall, within thirty days after
determination by such person that the transaction appears to be  fraudu-
lent, send to the superintendent on a form prescribed by the superinten-
dent, the information requested by the form and such additional informa-
tion  relative  to  the factual circumstances of the transaction and the
parties involved as the superintendent may require.  The  superintendent
shall  accept  reports of suspected fraudulent insurance transactions or
fraudulent life settlement acts from any self insurer, including but not
limited to self insurers providing health insurance  coverage  or  those
defined  in  section  fifty  of the workers' compensation law, and shall
treat such reports as any other received pursuant to this section.   THE
SUPERINTENDENT  SHALL  ACCEPT  REPORTS OF SUSPECTED FRAUDULENT INSURANCE
TRANSACTIONS FROM ANY SELF INSURER INCLUDING, BUT NOT LIMITED  TO,  SELF
INSURERS  PROVIDING  HEALTH  INSURANCE  COVERAGE,  THOSE PROVIDING MOTOR
VEHICLE LIABILITY INSURANCE OR THOSE DEFINED IN  SECTION  FIFTY  OF  THE
WORKERS'  COMPENSATION  LAW,  AND  SHALL TREAT SUCH REPORTS AS ANY OTHER
RECEIVED PURSUANT TO THIS SECTION.
  S 3. Section 2133 of the insurance law, as amended by  chapter  77  of
the laws of 1994, is amended to read as follows:
  S  2133. [Forged] FALSE INSURANCE DOCUMENTS AND FORGED insurance iden-
tification cards. Any  insurance  company,  insurance  agent,  insurance
broker  or  other person who or which, personally or by the action of an
employee or agent, KNOWINGLY possesses, transfers or uses: (A) ANY DOCU-
MENT WHICH PURPORTS TO EVINCE INSURANCE COVERAGE WHEN SUCH  COVERAGE  IS
NOT  IN  EFFECT  OR IS IN EFFECT AT LIMITS LESS THAN THOSE STATED IN THE
DOCUMENT; OR (B) a forged insurance  identification  card  for  a  motor
vehicle, having knowledge, personally or through such employee or agent,
of  the  fact  that such insurance identification card, when issued, did
not actually represent an owner's policy of  liability  insurance  or  a
financial  security  bond  issued by an insurance company licensed to do
business in this state covering the motor  vehicle  identified  on  such
card, shall be liable for payment to the people of this state of a civil
penalty  in  a sum not exceeding one thousand dollars for the first such
violation and a sum not exceeding five thousand dollars for each  subse-
quent  violation.  For  the  purposes  of  this section the term "forged
insurance identification card" means a written insurance  identification
card  which  has  been  falsely made, completed or altered, and the term
"falsely made, completed or altered" shall have the same meaning as  set
forth in section 170.00 of the penal law.
  S  4.  Subdivision 5 of section 170.10 of the penal law is amended and
a new subdivision 6 is added to read as follows:
  5. A prescription of a duly licensed physician or other person author-
ized to issue the same for any drug or any instrument or device used  in
the  taking  or  administering  of  drugs  for  which  a prescription is
required by law[.]; OR
  6. A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD,  AS
DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S 5. Section 170.15 of the penal law is amended to read as follows:
S 170.15 Forgery in the first degree.

S. 1146--A                          3

  A person is guilty of forgery in the first degree when, with intent to
defraud,  deceive  or injure another, he OR SHE falsely makes, completes
or alters [a]:
  1. TEN OR MORE WRITTEN INSTRUMENTS; OR
  2. A written instrument which is or purports to be, or which is calcu-
lated to become or to represent if completed:
  [1.]  (A) Part of an issue of money, stamps, securities or other valu-
able instruments issued by a government or governmental instrumentality;
or
  [2.] (B) Part of an issue of stock, bonds or other instruments repres-
enting interests in or claims against a corporate or other  organization
or its property.
  Forgery in the first degree is a class C felony.
  S  6.  The penal law is amended by adding a new section 175.50 to read
as follows:
S 175.50 OFFERING A FALSE APPLICATION FOR  MOTOR  VEHICLE  INSURANCE  OR
           REGISTRATION.
  A  PERSON  IS GUILTY OF OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE
INSURANCE OR REGISTRATION WHEN KNOWING THAT ANY DOCUMENT HE OR SHE FILES
WITH THE DEPARTMENT OF MOTOR VEHICLES OR AN INSURER PROVIDING  LIABILITY
INSURANCE FOR A MOTOR VEHICLE CONTAINS A FALSE STATEMENT OR FALSE INFOR-
MATION  WITH REGARD TO WHERE HE OR SHE RESIDES OR WHERE HIS OR HER MOTOR
VEHICLE IS GARAGED AND OPERATED.
  OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE INSURANCE OR  REGISTRA-
TION IS A CLASS E FELONY.
  S  7.  Subdivision 1 of section 176.05 of the penal law, as amended by
chapter 211 of the laws of 2011, is amended to read as follows:
  1. any written statement as part of, or in support of, an  application
for  the issuance of, or the rating of a commercial insurance policy, or
certificate or evidence of self insurance  for  commercial  OR  PERSONAL
insurance  or  commercial  OR  PERSONAL  self  insurance, or a claim for
payment or other benefit pursuant to an insurance policy or self  insur-
ance  program  for commercial or personal insurance that he or she knows
to:
  (a) contain materially false information concerning any fact  material
thereto; or
  (b) conceal, for the purpose of misleading, information concerning any
fact material thereto; or
  S 8. Section 176.15 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
S 176.15 Insurance fraud in the fourth degree.
  A  person  is  guilty  of insurance fraud in the fourth degree when he
[commits] OR SHE:
  1. COMMITS a fraudulent insurance act and  thereby  wrongfully  takes,
obtains or withholds, or attempts to wrongfully take, obtain or withhold
property with a value in excess of one thousand dollars; OR
  2. OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY, WHEN SUCH MOTOR VEHI-
CLE  IS INSURED BY A POLICY ISSUED UNDER THE LAWS OF ANOTHER STATE, WHEN
SUCH PERSON MAINTAINS HIS OR HER PRINCIPAL RESIDENCE IN  THIS  STATE  OR
SUCH MOTOR VEHICLE IS PRINCIPALLY GARAGED IN THIS STATE, AND SUCH INSUR-
ANCE POLICY WAS ISSUED UPON ANY WRITTEN OR ORAL STATEMENT BY SUCH PERSON
THAT  HE  OR  SHE  PRINCIPALLY  RESIDES IN SUCH OTHER STATE OR THAT SUCH
MOTOR VEHICLE IS PRINCIPALLY GARAGED IN SUCH OTHER STATE.
  Insurance fraud in the fourth degree is a class E felony.
  S 9. The vehicle and traffic law is amended by adding  a  new  section
201-a to read as follows:

S. 1146--A                          4

  S  201-A.  ACCESS  TO  INFORMATION.  THE  DEPARTMENT  SHALL  ALLOW LAW
ENFORCEMENT PERSONNEL ACCESS TO ANY INDIVIDUAL'S STREET ADDRESS PROVIDED
PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION FOUR  HUNDRED  ONE
AND SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  S  10.  Paragraph b of subdivision 1 of section 401 of the vehicle and
traffic law, as amended by chapter 222 of the laws of 1996,  is  amended
to read as follows:
  b.  Every  owner  of a motor vehicle which shall be operated or driven
upon the public highways  of  this  state  shall,  except  as  otherwise
expressly  provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any  agent  of  the
commissioner,  constituted  as  provided in this chapter, an application
for registration addressed to the commissioner, and on  a  blank  to  be
prepared  under  the  direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the  motor  vehicle
to be registered, including the name and factory number of such vehicle,
and  such  other facts as the commissioner shall require; (b) the weight
of the vehicle upon which the registration fee is based if  the  fee  is
based  on  weight;  (c)  the name and residence, including county of the
owner of such motor vehicle, PROVIDED THAT IF THE APPLICANT USES A  POST
OFFICE BOX WHEN PROVIDING A RESIDENCE ADDRESS, SUCH APPLICANT SHALL ALSO
PROVIDE  THE  STREET  ADDRESS  AT  WHICH HE OR SHE RESIDES; (d) provided
that, if such motor vehicle is used or to be used  as  an  omnibus,  the
applicant  also  shall  so  certify,  and in the case of an omnibus also
certify as to the seating capacity, and if the omnibus is to be operated
wholly within a municipality pursuant to a franchise other than a  fran-
chise  express  or  implied  in  articles  of incorporation upon certain
streets designated in such franchise, those facts shall also  be  certi-
fied,  and  a  certified copy of such franchise furnished to the commis-
sioner; (e) provided, that, if such motor vehicle is an altered  livery,
the  applicant  shall  so  furnish a certified copy of the length of the
center panel of such vehicle, provided, however, that  the  commissioner
shall  require  such  proof, as he OR SHE may determine is necessary, in
the application for registration and provided  further,  if  the  center
panel of such vehicle exceeds one hundred inches, the commissioner shall
require  proof  that  such  vehicle is in compliance with all applicable
federal and state motor vehicle safety standards;  and  (f)  such  addi-
tional  facts  or evidence as the commissioner may require in connection
with the application for registration. Every owner of  a  trailer  shall
also  make application for the registration thereof in the manner herein
provided for an application to  register  a  motor  vehicle,  but  shall
contain a statement showing the manufacturer's number or other identifi-
cation satisfactory to the commissioner and no number plate for a trail-
er  issued  under  the  provisions  of subdivision three of section four
hundred two of this [chapter] ARTICLE shall be transferred  to  or  used
upon  any  other  trailer than the one for which number plate is issued.
The commissioner shall require proof, in the application  for  registra-
tion,  or  otherwise, as such commissioner may determine, that the motor
vehicle for which registration is applied for is  equipped  with  lights
conforming  in  all respects to the requirements of this chapter, and no
motor vehicle shall be registered unless it shall appear by such  proofs
that such motor vehicle is equipped with proper lights as aforesaid. The
said application shall contain or be accompanied by such evidence of the
ownership  of  the  motor vehicle described in the application as may be
required by the commissioner or his OR HER agent and which, with respect
to new vehicles, shall include, unless otherwise  specifically  provided

S. 1146--A                          5

by  the  commissioner,  the manufacturer's statement of origin. Applica-
tions received by an agent of the commissioner shall be forwarded to the
commissioner as he OR SHE shall direct for filing.  No  application  for
registration  shall be accepted unless the applicant is at least sixteen
years of age AND HAS SIGNED SUCH APPLICATION ATTESTING TO THE TRUTH  AND
VERACITY OF THE FACTS STATED THEREIN.
  S  11. Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by chapters 465 and 487 of  the  laws  of  2012,  the
third  undesignated  paragraph  as amended by chapter 405 of the laws of
2015, is REPEALED and a new subdivision 1 is added to read as follows:
  1. APPLICATION FOR LICENSE. APPLICATION FOR A DRIVER'S  LICENSE  SHALL
BE  MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE SUBMITTED
WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI-
TY, AGE, ADDRESS OF HIS OR HER RESIDENCE AND FITNESS AS MAY BE  REQUIRED
BY THE COMMISSIONER. WHEN PROVIDING HIS OR HER ADDRESS OF RESIDENCE, THE
APPLICANT  SHALL  PROVIDE THE STREET ADDRESS AT WHICH HE OR SHE RESIDES.
EACH APPLICANT SHALL SIGN HIS OR HER APPLICATION ATTESTING TO THE  TRUTH
AND  VERACITY  OF  THE  FACTS  STATED THEREIN. THE COMMISSIONER MAY ALSO
PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE  THE  TAKING  OF  A
PHOTO  IMAGE  OR  IMAGES  OF  THE APPLICANT IN ACCORDANCE WITH RULES AND
REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN ADDITION, THE COMMISSION-
ER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER SOCIAL SECU-
RITY NUMBER AND SHALL PROVIDE SPACE  ON  THE  APPLICATION  SO  THAT  THE
APPLICANT  MAY  REGISTER  IN  THE  NEW YORK STATE ORGAN AND TISSUE DONOR
REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH  LAW
WITH  THE  FOLLOWING  STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS
TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
  THE COMMISSIONER OF HEALTH SHALL NOT MAINTAIN RECORDS  OF  ANY  PERSON
WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
PERSON  OR  ELECTRONICALLY,  FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE
VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
THIS QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE.  IN
THE  CASE  OF  AN  APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES"
SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR  REGISTRATION
IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED
TO  MAKE  AN  ANATOMICAL GIFT OR REGISTERED IN THE DONATE LIFE REGISTRY,
CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT OR REGISTRATION. IN ADDITION, AN APPLICANT FOR A COMMERCIAL
DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR VEHICLE  IN  INTER-
STATE  COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS THE REQUIREMENTS
TO OPERATE A COMMERCIAL MOTOR  VEHICLE,  AS  SET  FORTH  IN  PUBLIC  LAW
99-570,  TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND
ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY OF  TRANSPOR-
TATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN
APPLICANT  FOR  A  COMMERCIAL  DRIVER'S  LICENSE  SHALL SUBMIT A MEDICAL
CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL  MOTOR  CARRIER
SAFETY  IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND  IN  A
MANNER  PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION AND
SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA
OF THIS TITLE, THE TERMS  "MEDICAL  CERTIFICATE"  AND  "MEDICAL  CERTIF-
ICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET
FORTH  IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.

S. 1146--A                          6

UPON A DETERMINATION THAT THE HOLDER OF A  COMMERCIAL  DRIVER'S  LICENSE
HAS  MADE  ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH
LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
  S  12. Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section eleven of this act, is amended to read as follows:
  1. Application for license. Application for a driver's  license  shall
be  made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, address of his or her residence and fitness as may be  required
by the commissioner. When providing his or her address of residence, the
applicant  shall  provide the street address at which he or she resides.
Each applicant shall sign his or her application attesting to the  truth
and  veracity  of  the  facts  stated therein. The commissioner may also
provide that the application procedure shall include  the  taking  of  a
photo  image  or  images  of  the applicant in accordance with rules and
regulations prescribed by the commissioner. In addition, the commission-
er also shall require that the applicant provide his or her social secu-
rity number and [shall] provide space on the  application  so  that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health  law
[with  the  following stated on the application in clear and conspicuous
type:
  "You must fill out the following section: Would you like to  be  added
to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
tion'."
  The commissioner of health shall not maintain records  of  any  person
who checks "skip this question". Except where the application is made in
person  or  electronically,  failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this question" shall not be construed to imply a wish not to donate.  In
the  case  of  an  applicant under eighteen years of age, checking "yes"
shall not constitute consent to make an anatomical gift or  registration
in the donate life registry. Where an applicant has previously consented
to  make  an  anatomical gift or registered in the donate life registry,
checking "skip this question" or failing to check a box shall not impair
that consent or registration]. In addition, an applicant for  a  commer-
cial  driver's  license  who  will operate a commercial motor vehicle in
interstate commerce shall certify that such applicant meets the require-
ments to operate a commercial motor vehicle, as set forth in public  law
99-570,  title XII, and title 49 of the code of federal regulations, and
all regulations promulgated by the United States secretary of  transpor-
tation under the hazardous materials transportation act. In addition, an
applicant  for  a  commercial  driver's  license  shall submit a medical
certificate at such intervals as required by the federal  motor  carrier
safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
code of federal regulations relating to medical certification and  in  a
manner  prescribed by the commissioner. For purposes of this section and
sections five hundred three, five hundred ten-a, and five hundred ten-aa
of this title, the terms  "medical  certificate"  and  "medical  certif-
ication" shall mean a form substantially in compliance with the form set
forth  in Part 391.43(h) of title 49 of the code of federal regulations.
Upon a determination that the holder of a  commercial  driver's  license
has  made  any false statement, with respect to the application for such
license, the commissioner shall revoke such license.
  S 13. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law, provided however, that:

S. 1146--A                          7

  (a) section twelve of this act shall take effect October 3, 2016; and
  (b)  sections  four, five, six, seven and eight of this act shall take
effect on the first of November next succeeding the  date  on  which  it
shall have become a law.

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Senate Bill S1146A

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

co-Sponsors

2015-S1146 - Details

2015-S1146 - Summary

2015-S1146 - Sponsor Memo

2015-S1146 - Bill Text download pdf

co-Sponsors

2015-S1146A (ACTIVE) - Details

2015-S1146A (ACTIVE) - Summary

2015-S1146A (ACTIVE) - Sponsor Memo

2015-S1146A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1146A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

co-Sponsors

2015-S1146 - Details

2015-S1146 - Summary

2015-S1146 - Sponsor Memo

2015-S1146 - Bill Text download pdf

co-Sponsors

2015-S1146A (ACTIVE) - Details

2015-S1146A (ACTIVE) - Summary

2015-S1146A (ACTIVE) - Sponsor Memo

2015-S1146A (ACTIVE) - Bill Text download pdf

Comments