Senate Bill S4035

2023-2024 Legislative Session

Authorizes the investigation of insurance fraud and fines related to the commission of such crime and combatting motor vehicle theft

download bill text pdf

Sponsored By

Current 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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2023-S4035 (ACTIVE) - Details

See Assembly Version of this Bill:
A9866
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§401, 405 & 2133, Ins L; amd §§165.06, 170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, V & T L
Versions Introduced in 2021-2022 Legislative Session:
S7134

2023-S4035 (ACTIVE) - Summary

Authorizes the investigation of fraudulent activities with regard to individuals operating motor vehicles without insurance; increases the civil penalty for forging insurance documents; creates the crime of offering a false application for motor vehicle insurance or registration.

2023-S4035 (ACTIVE) - Sponsor Memo

2023-S4035 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4035
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 authorizing the investigation of insurance
   fraud and fines related to the commission of such crime and combatting
   the theft of motor vehicles
 
   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 AUTHORITY PURSUANT TO  THIS  CHAPTER
 TO  INVESTIGATE  FRAUDULENT  ACTIVITIES  WITH REGARD TO INDIVIDUALS THAT
 OPERATE MOTOR VEHICLES WITH NO INSURANCE  COVERAGE,  AND  MOTOR  VEHICLE
 INSUREDS  WHO MISREPRESENT THE PRINCIPAL PLACE WHERE INSURED MOTOR VEHI-
 CLES 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 COMPEN-
 SATE INDIVIDUALS FOR PERSONAL INJURIES, DEATH AND PROPERTY  DAMAGE  THEY
 INFLICT  UPON OTHERS.  FURTHERMORE, MOTOR VEHICLE INSUREDS WHO MISREPRE-
 SENT 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.
   § 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
 fund  of  this state, who has reason to believe that an insurance trans-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08382-01-3
              

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