NY State Senate Bill 2015-S3895

Senate Bill S3895

2015-2016 Legislative Session

Provides for the issuance and production of proof of motor vehicle financial security in electronic form on the owner's portable electronic device

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Jun 25, 2015	recommitted to rules
Jun 09, 2015	ordered to third reading cal.1398 reported and committed to rules
Feb 20, 2015	referred to transportation

Votes

- Jun 9, 2015 - Transportation Committee Vote
  S3895
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jun 9, 2015
      
      aye (19)
      
      Avella
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
  Jun 9, 2015 - Rules Committee Vote
  S3895
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2015
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young

co-Sponsors

2015-S3895 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§312 & 313, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5969
2017-2018: S181

2015-S3895 (ACTIVE) - Summary

Provides for the issuance and production of proof of motor vehicle financial security in electronic form on the owner's portable electronic device.

2015-S3895 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3895

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to electronic proof of financial security

PURPOSE:

Provides for the insurance and production of proof of motor vehicle
financial security in electronic form on the owner's portable
electronic device.

SUMMARY OF PROVISIONS:

Section One - amends paragraph b of subdivision one of section 312 of
the vehicle and traffic law by stating subject to the rules of the
commissioner, pursuant to paragraph c of subdivision two of section
three hundred thirteen of this article, such proof of financial
security shall be produced in written form or in electronic form on
the owner's portable electronic device, as defined in paragraph (a) of
subdivision two of section twelve hundred twenty-five--d of this
chapter. Insurers shall retain the right to determine whether to offer
to their policyholders the ability to produce proof of financial
security in electronic form.

Section Two - amends paragraph c of subdivision 2 of section 313 of
the vehicle and traffic law by stating the commissioner shall provide

for the acceptance of proof of insurance in electronic form on a motor
vehicle owner's portable electronic device, as defined in paragraph
(a) of subdivision two of section twelve hundred twenty-five-d of this
chapter.

Section Three - this act shall take effect on the one hundredth
eightieth day after it shall have become a law. Provided, however,
that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implantation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

JUSTIFICATION:

This act permits automobile insurers to provide proof of insurance in
an electronic format that may be displayed on a mobile electronic
device. With technology becoming more common in everyday use this bill
allows for easy access by both driver and officer to view legal proof
of insurance. This is a simple process, as opposed to searching around
the vehicle for an up to date insurance card that may or may not be
present. To provide privacy to the driver, the act requires that an
officer only view the evidence of financial responsibility and would
prohibit him/her from viewing any other content on the mobile
electronic device. The driver is to assume all liability for any
damage to the electronic mobile device.

This act eliminates scams such as production and use of fake insurance
cards. A fake card can be detected in only a few seconds, using real
time verification systems that allow officers to check for insurance
coverage against the car's license plate. Several insurers already
associated with this act will email copies to officers and consumers.


This act will not negate the current law, whereby the driver may
chooses to keep a paper copy of their insurance inside their vehicle
and provide that as legal proof. This act seeks to bring uniformity to
the process of proving financial responsibility and generate that a
motorist may present to law enforcement, and an auto insurance company
may provide, an electronic, version of the proof of insurance.

LEGISLATIVE HISTORY:

2013-2014: S.5969-A passed Senate / A.8227-A referred to
transportation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day, after it
shall have become a law. Provided, however, that the effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implantation of this act on its effective
date. are authorized and directed to be made and completed on or
before such effective date.

2015-S3895 (ACTIVE) - Bill Text download pdf

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

                                  3895

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced by Sen. MARCHIONE -- 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 electronic
  proof of financial security

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

  Section  1. Paragraph (b) of subdivision 1 of section 312 of the vehi-
cle and traffic law, as amended by chapter 557 of the laws of  1994,  is
amended to read as follows:
  (b)  The owner of such motor vehicle shall maintain proof of financial
security continuously throughout the registration period and his OR  HER
failure  to  produce proof of financial security when requested to do so
upon demand of a magistrate, motor  vehicle  inspector,  peace  officer,
acting  pursuant  to his OR HER special duties, or police officer, while
such vehicle is  being  operated  upon  the  public  highway,  shall  be
presumptive  evidence  of  operating  a  motor  vehicle without proof of
financial security.  SUBJECT TO THE RULES OF THE COMMISSIONER,  PURSUANT
TO PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION THREE HUNDRED THIRTEEN OF
THIS  ARTICLE,  SUCH  PROOF  OF  FINANCIAL SECURITY SHALL BE PRODUCED IN
WRITTEN FORM OR IN ELECTRONIC FORM ON THE  OWNER'S  PORTABLE  ELECTRONIC
DEVICE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWELVE
HUNDRED  TWENTY-FIVE-D  OF THIS CHAPTER. INSURERS SHALL RETAIN THE RIGHT
TO DETERMINE WHETHER TO OFFER TO  THEIR  POLICYHOLDERS  THE  ABILITY  TO
PRODUCE  PROOF  OF  FINANCIAL  SECURITY  IN  ELECTRONIC  FORM.  Upon the
production of proof of financial security such presumption  is  removed.
Production  of  proof  of financial security may be made by mailing such
proof to the court having jurisdiction in the matter, and any  necessary
response  by  such  court  or  acknowledgement of the production of such
proof may also be made by mail. When insurance with respect to any motor
vehicle, other than a motorcycle, is terminated the owner shall  surren-
der  forthwith  his OR HER registration certificate and number plates of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08860-01-5

S. 3895                             2

the vehicle to the  commissioner  unless  proof  of  financial  security
otherwise is maintained in compliance with this article.
  S  2. Paragraph (c) of subdivision 2 of section 313 of the vehicle and
traffic law, as amended by chapter 678 of the laws of 1997,  is  amended
to read as follows:
  (c)  The commissioner shall promulgate regulations establishing proce-
dures for issuance of proof of insurance and for reporting  by  insurers
of  notices of termination and policy issuance, either electronically or
by paper copy, at the option of the department. Such reporting shall  be
required  for every cancellation or termination which is effective on or
after July first, nineteen hundred  eighty-four  and  for  every  policy
issuance  which  is  effective  on or after January first, two thousand;
provided, however, that should the commissioner find, after  testing  of
reporting procedures, that it would be feasible to require reporting for
policy  cancellations, terminations or issuances effective on an earlier
date, he OR SHE may by regulation so require reporting on  such  earlier
date,  but  in no event shall reporting be required for cancellations or
terminations effective prior to February first, nineteen hundred  eight-
y-four  nor  for  policy  issuances  effective prior to September first,
nineteen hundred ninety-nine. THE COMMISSIONER  SHALL  PROVIDE  FOR  THE
ACCEPTANCE  OF  PROOF OF INSURANCE IN ELECTRONIC FORM ON A MOTOR VEHICLE
OWNER'S PORTABLE ELECTRONIC DEVICE,  AS  DEFINED  IN  PARAGRAPH  (A)  OF
SUBDIVISION TWO OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER.
Insurers shall cooperate fully with the commissioner in any such testing
of reporting procedures.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3895

Share this bill

Sponsored By

Kathleen A. Marchione