senate Bill S5068A

Amended

Authorizes the production of proof of insurance by the use of electronic transmission to portable electronic devices

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1097
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2013
    • AMENDED ON THIRD READING 5068A
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 23 / Apr / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 23 / Apr / 2014
    • PRINT NUMBER 5068B
  • 07 / May / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 07 / May / 2014
    • PRINT NUMBER 5068C
  • 17 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1437
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

Authorizes the production of proof of insurance by the use of electronic transmission to portable electronic devices.

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Bill Details

Versions:
S5068
S5068A
S5068B
S5068C
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง312, V & T L

Sponsor Memo

BILL NUMBER:S5068A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to authorizing the production of proof of insurance by the
use of electronic transmission to portable electronic devices

PURPOSE: The bill amends the vehicle and traffic law to allow
motorists an option to use a cell phone or other mobile electronic
devise to provide proof of insurance coverage instead of having to
present a printed card.

SUMMARY OF PROVISIONS:

Section one of the bill amends paragraph (b) of subdivision 1 of
section 312 of the vehicle and traffic law by adding a new
subparagraph. (2) which states that an electronic version of the
owner's insurance card may be transmitted to an owner's or operator's
smart phone or other electronic device to be used as proof of
insurance provided that.

(A) the proof of insurance is transmitted directly from the insurance
company to the owner's or operator's smart phone or other electronic
device; and

(B) the electronic transmission of the insurance card contains all
required information.

Section two of the bill is the effective date. The bill will take
effect ninety days after it becomes law.

JUSTIFICATION: Current law states that motorists must show written
proof of insurance. However many insurance companies offer apps for
cell phones or tablets that display the insurance information. People
may find it more convenient to have the information accessible
electronically rather than having a paper document which can easily be
lost or misplaced. The proposed legislation would allow, but not
require insurers to offer proof of insurance in an electronic format.

The legislation will not only assist motorists in avoiding a ticket,
but it will also help to stop people from having to take time off work
in order to go to court to defend themselves when they were simply
unable to find a current insurance document in their car. This will
save drivers, police and courts time, money and resources.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act will take effect on the ninetieth day after
it shall have become law.

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

                                 5068--A
    Cal. No. 1097

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  the  production  of proof of insurance by the use of electronic trans-
  mission to portable electronic devices

  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) (1) The owner of such motor vehicle shall maintain proof of finan-
cial  security  continuously  throughout the registration period and his
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 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 securi-
ty. 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 surrender forthwith his registration certificate and number
plates of the vehicle to the  commissioner  unless  proof  of  financial
security otherwise is maintained in compliance with this article.
  (2)  PROOF OF FINANCIAL SECURITY MAY BE ESTABLISHED BY MEANS OF TRANS-
MISSION OF AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE  CARD  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10551-03-3

S. 5068--A                          2

OWNER'S  OR  OPERATOR'S  SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE
PROVIDED THAT:
  (A)  SUCH PROOF OF FINANCIAL SECURITY IS TRANSMITTED DIRECTLY FROM THE
OWNER'S INSURANCE COMPANY OR FROM THE OWNER'S LICENSED INSURANCE  BROKER
OR  AGENT  TO  THE OWNER'S OR OPERATOR'S SMART PHONE OR OTHER ELECTRONIC
DEVICE; AND
  (B)  THE  ELECTRONIC  TRANSMISSION  OF  PROOF  OF  FINANCIAL  SECURITY
CONTAINS ALL INFORMATION REQUIRED BY THIS CHAPTER AND ANY RULES OR REGU-
LATIONS PROMULGATED BY THE COMMISSIONER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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