senate Bill S5969

Amended

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

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Bill Status


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

  • 25 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 06 / May / 2014
    • 1ST REPORT CAL.513
  • 07 / May / 2014
    • AMENDED 5969A
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8227
Versions:
S5969
S5969A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง312 & 313, V & T L

Votes

Sponsor Memo

BILL NUMBER:S5969

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.

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 issuance and acceptance of proof of insurance in electronic
form to 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 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.

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 to 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, if to choose so
a driver may still 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:

New legislation.

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

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

    S. 5969                                                  A. 8227

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            October 25, 2013
                               ___________

IN  SENATE -- Introduced by Sen. BALL -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

IN ASSEMBLY -- Introduced by M.  of  A.  WEISENBERG  --  read  once  and
  referred 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. 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 OR HER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11769-01-3

S. 5969                             2                            A. 8227

registration certificate and number plates of the vehicle to the commis-
sioner 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
ISSUANCE  AND  ACCEPTANCE  OF PROOF OF INSURANCE IN ELECTRONIC FORM TO A
MOTOR VEHICLE OWNER'S PORTABLE ELECTRONIC DEVICE, AS  DEFINED  IN  PARA-
GRAPH  (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.

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