senate Bill S5068C

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

See Assembly Version of this Bill:
A7685B
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:S5068C

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 owner's
insurance company or from the owner's licensed insurance broker or
agent to the operator's smart phone or other electronic device; and

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

(3) Provides that an officer who views the transmission of an
electronic version of the owner's insurance card on a device shall be
prohibited from viewing any other information or content on the
device.

(4) Provides that any person who presents proof of financial security
by means of transmission of an electronic version the owner's
insurance card shall assume liability for any damage to the electronic
device.

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--C

                       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 -- recommitted to the  Commit-
  tee  on  Transportation  in  accordance  with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10551-09-4

S. 5068--C                          2

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
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.
  (3) AN OFFICER OR AGENT WHO VIEWS THE TRANSMISSION  OF  AN  ELECTRONIC
VERSION OF THE OWNER'S INSURANCE CARD ON THE OWNER'S OR OPERATOR'S SMART
PHONE OR OTHER PORTABLE ELECTRONIC DEVICE SHALL BE PROHIBITED FROM VIEW-
ING  ANY  OTHER  CONTENT ON THE SMART PHONE OR OTHER PORTABLE ELECTRONIC
DEVICE.
  (4) ANY PERSON WHO PRESENTS PROOF OF FINANCIAL SECURITY  BY  MEANS  OF
TRANSMISSION  OF  AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE CARD ON
THE OWNER'S OR OPERATOR'S  SMART  PHONE  OR  OTHER  PORTABLE  ELECTRONIC
DEVICE  SHALL  ASSUME ALL LIABILITY FOR ANY DAMAGE TO THE SMART PHONE OR
OTHER PORTABLE ELECTRONIC DEVICE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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