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

                                  10877

                          I N  A S S E M B L Y

                             April 27, 2010
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law, the executive law, the state  finance
  law,  the  penal law and the civil practice law and rules, in relation
  to insurance fraud; to establish the temporary  task  force  on  motor
  vehicle  insurance  fraud;  and  providing  for  the repeal of certain
  provisions upon the expiration thereof

  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 (e) to read as follows:
  (E)  THE  SUPERINTENDENT  SHALL  HAVE BROAD AUTHORITY PURSUANT TO THIS
CHAPTER TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO MOTOR  VEHI-
CLE  DRIVERS  THAT  OPERATE  AUTOMOBILES WITH NO INSURANCE COVERAGE, AND
MOTOR VEHICLE  INSUREDS  WHO  MISREPRESENT  THE  PRINCIPAL  PLACE  WHERE
INSURED  MOTOR  VEHICLES ARE GARAGED AND OPERATED. OPERATING MOTOR VEHI-
CLES 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  COMPENSATE INDIVIDUALS FOR PERSONAL INJURIES, DEATH AND
PROPERTY DAMAGE THEY INFLICT UPON OTHERS.   FURTHERMORE,  MOTOR  VEHICLE
INSUREDS  WHO  MISREPRESENT  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 LIABIL-
ITY RISK AND INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
chapter 499 of the laws of 2009, 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-
action or life settlement act may be fraudulent, or has knowledge that a
fraudulent insurance transaction or fraudulent life  settlement  act  is
about  to take place, or has taken place shall, within thirty days after

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

                                                           LBD16059-02-0

A. 10877                            2

determination by such person that the transaction appears to be  fraudu-
lent,  send  to  the insurance frauds bureau on a form prescribed by the
superintendent, the information requested by the  form  and  such  addi-
tional  information  relative to the factual circumstances of the trans-
action and the parties involved as the superintendent may  require.  The
insurance  frauds  bureau  shall  accept reports of suspected fraudulent
insurance transactions or fraudulent life settlement acts from any  self
insurer,  including  but  not  limited to self insurers providing health
insurance coverage or those defined in section  fifty  of  the  workers'
compensation  law,  and  shall  treat such reports as any other received
pursuant to this section.   THE INSURANCE  FRAUDS  BUREAU  SHALL  ACCEPT
REPORTS  OF  SUSPECTED  FRAUDULENT  INSURANCE TRANSACTIONS FROM ANY SELF
INSURER INCLUDING, BUT NOT LIMITED TO, SELF  INSURERS  PROVIDING  HEALTH
INSURANCE COVERAGE, THOSE PROVIDING MOTOR VEHICLE LIABILITY INSURANCE OR
THOSE  DEFINED  IN  SECTION  FIFTY OF THE WORKERS' COMPENSATION LAW, AND
SHALL TREAT SUCH REPORTS AS ANY OTHER RECEIVED PURSUANT TO THIS SECTION.
  S 3. Paragraph 11 of subsection (d) of section 405  of  the  insurance
law,  as  amended by chapter 499 of the laws of 2009, is amended to read
as follows:
  (11) an assessment of law enforcement and insurance company activities
to detect and curtail the incidence of operating a motor vehicle without
proper  insurance  coverage,  OR  MISREPRESENTATION  BY  MOTOR   VEHICLE
INSUREDS  OF THE PRINCIPAL PLACE OF THEIR RESIDENCE OR WHERE THEIR MOTOR
VEHICLES ARE GARAGED AND OPERATED as required by this chapter.
  S 4.  The insurance law is amended by adding a new  section  405-a  to
read as follows:
  S  405-A.   COMPENSATION FOR REPORT OF INSURANCE FRAUD TO LAW ENFORCE-
MENT AUTHORITIES. (A)  ANY  PERSON,  OTHER  THAN  PERSONS  DESCRIBED  IN
SUBSECTION  (A)  OF  SECTION FOUR HUNDRED FIVE OF THIS ARTICLE AND OTHER
THAN A PERSON WHO HAS RECEIVED AN AWARD PURSUANT TO SECTION TWO  HUNDRED
THIRTY-ONE  OF THE EXECUTIVE LAW, WHO HAS REASON TO BELIEVE THAT A FRAU-
DULENT INSURANCE ACT PROHIBITED PURSUANT TO ARTICLE ONE  HUNDRED  SEVEN-
TY-SIX  OF  THE PENAL LAW HAS BEEN COMMITTED OR THAT AN INSURANCE TRANS-
ACTION MAY BE FRAUDULENT, OR HAS KNOWLEDGE THAT A  FRAUDULENT  INSURANCE
TRANSACTION  IS  ABOUT TO TAKE PLACE, OR HAS TAKEN PLACE MAY REPORT SUCH
ACT OR TRANSACTION AND ANY ADDITIONAL INFORMATION RELATIVE TO THE FACTU-
AL CIRCUMSTANCES OF THE TRANSACTION AND  THE  PARTIES  INVOLVED  TO  THE
ATTORNEY GENERAL, DISTRICT ATTORNEY OR INSURANCE FRAUDS BUREAU.
  (B)  IF THE INSURANCE FRAUDS BUREAU RECOMMENDS TO THE ATTORNEY GENERAL
OR DISTRICT ATTORNEY TO COMMENCE AN ACTION, OR IF THE  ATTORNEY  GENERAL
OR  DISTRICT  ATTORNEY COMMENCES AN ACTION BASED ON INFORMATION PROVIDED
BY A PERSON PURSUANT TO SUBSECTION (A) OF THIS SECTION, THEN SUCH PERSON
SHALL BE ENTITLED TO RECEIVE AN AWARD OF NOT MORE THAN  FIFTEEN  PERCENT
OF  THE PROCEEDS OF THE ACTION OR A SETTLEMENT OF THE CLAIM IN AN AMOUNT
NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS.   THE  ATTORNEY  GENERAL  OR
DISTRICT  ATTORNEY  SHALL  RECOMMEND  TO  THE COURT WHEN A SETTLEMENT IS
ENTERED THE AMOUNT OF SUCH AWARD. THE COURT SHALL BASE SUCH AWARD  DECI-
SION  ON THE EXTENT TO WHICH THE PERSON SUBSTANTIALLY CONTRIBUTED TO THE
PROSECUTION OF THE ACTION.
  S 5. Section 406 of the insurance law, as amended by  chapter  499  of
the laws of 2009, is amended to read as follows:
  S 406. Immunity. In the absence of fraud or bad faith, no person shall
be  subject  to  civil  liability,  and  no civil cause of action of any
nature shall arise against such person for any: (i) information relating
to  suspected  fraudulent  insurance  transactions  or  fraudulent  life
settlement acts furnished to law enforcement officials, their agents and

A. 10877                            3

employees;  (ii)  information relating to suspected fraudulent insurance
transactions or fraudulent  life  settlement  acts  furnished  to  other
persons  [subject  to  the  provisions  of this chapter]; and (iii) such
information  furnished  in  reports  to THE ATTORNEY GENERAL, A DISTRICT
ATTORNEY, the insurance frauds bureau, its agents or  employees  or  any
state  agency  investigating  fraud  or  misconduct relating to workers'
compensation insurance, its agents or employees. Nor  shall  the  super-
intendent or any employee of the insurance frauds bureau, in the absence
of  fraud or bad faith, be subject to civil liability and no civil cause
of action of any nature shall arise against them by virtue of the publi-
cation of any report or bulletin related to the official  activities  of
the  insurance  frauds  bureau.  Nothing  [herein]  IN  THIS  SECTION is
intended to abrogate or modify in any way any common  law  privilege  of
immunity heretofore enjoyed by any person.
  S  6.  Section  2133 of the insurance law, as amended by chapter 77 of
the laws of 1994, is amended to read as follows:
  S 2133. [Forged] FALSE INSURANCE DOCUMENTS AND FORGED insurance  iden-
tification  cards.  Any  insurance  company,  insurance agent, insurance
broker or other person who or which, personally or by the action  of  an
employee or agent, KNOWINGLY possesses, transfers or uses: (A) ANY DOCU-
MENT  WHICH  PURPORTS TO EVINCE INSURANCE COVERAGE WHEN SUCH COVERAGE IS
NOT IN EFFECT OR IS IN EFFECT AT LIMITS LESS THAN THOSE  STATED  IN  THE
DOCUMENT;  OR  (B)  a  forged  insurance identification card for a motor
vehicle, having knowledge, personally or through such employee or agent,
of the fact that such insurance identification card,  when  issued,  did
not  actually  represent  an  owner's policy of liability insurance or a
financial security bond issued by an insurance company  licensed  to  do
business  in  this  state  covering the motor vehicle identified on such
card, shall be liable for payment to the people of this state of a civil
penalty in a sum not exceeding one thousand dollars for the  first  such
violation  and a sum not exceeding five thousand dollars for each subse-
quent violation. For the purposes  of  this  section  the  term  "forged
insurance  identification card" means a written insurance identification
card which has been falsely made, completed or  altered,  and  the  term
"falsely  made, completed or altered" shall have the same meaning as set
forth in section 170.00 of the penal law.
  S 7. The executive law is amended by adding a new section 231 to  read
as follows:
  S  231.  INSURANCE  FRAUD REWARD PROGRAM; ESTABLISHMENT. 1. THE SUPER-
INTENDENT SHALL ESTABLISH A STATEWIDE INSURANCE FRAUD REWARD PROGRAM  TO
PAY  REWARDS  FOR  INFORMATION  LEADING  TO THE ARREST AND CONVICTION OF
PERSONS GUILTY OF A FRAUDULENT INSURANCE ACT AS DEFINED IN  ARTICLE  ONE
HUNDRED SEVENTY-SIX OF THE PENAL LAW.
  2. THE SUPERINTENDENT SHALL CAUSE TO BE ESTABLISHED A TOLL-FREE STATE-
WIDE  TELEPHONE NUMBER AND INTERNET WEBSITE FOR USE IN COLLECTING INFOR-
MATION TO ASSIST IN THE INVESTIGATION AND PROSECUTION OF INSURANCE FRAUD
CRIMES.
  3. THE SUPERINTENDENT IS AUTHORIZED TO PROVIDE REWARDS OF  UP  TO  ONE
THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF
INDIVIDUALS  GUILTY  OF A FRAUDULENT INSURANCE ACT AS DEFINED IN ARTICLE
ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW.
  4. THE SUPERINTENDENT IS AUTHORIZED TO PROVIDE REWARDS OF UP  TO  FIVE
THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF
INDIVIDUALS  GUILTY OF A SPECIFIED OFFENSE IN ARTICLE ONE HUNDRED SEVEN-
TY-SIX OF THE PENAL LAW.

A. 10877                            4

  5. NO PERSON  WHO  RECEIVES  COMPENSATION  PURSUANT  TO  SECTION  FOUR
HUNDRED  FIVE-A  OF  THE  INSURANCE  LAW  SHALL BE ELIGIBLE FOR A REWARD
PURSUANT TO THIS SECTION.
  6.  THE SUPERINTENDENT SHALL DISBURSE THE REWARDS PROVIDED FOR IN THIS
SECTION FROM THE MONEYS APPROPRIATED TO THE  DIVISION  OF  STATE  POLICE
FROM  THE STATE POLICE MOTOR VEHICLE LAW ENFORCEMENT ACCOUNT ESTABLISHED
BY SECTION NINETY-SEVEN-MM OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER
FIFTY-FIVE OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO.
  S 8. Paragraph (a) of subdivision 2 of section 846-m of the  executive
law,  as  amended  by  section  6 of part T of chapter 57 of the laws of
2000, is amended to read as follows:
  (a) The moneys received by the fund shall be expended in a manner that
is consistent with the plan of  operation,  pursuant  to  appropriation,
only  to reimburse costs incurred by provider agencies for pilot program
activities relating to the detection, prevention or reduction  of  motor
vehicle theft and motor vehicle insurance fraud; PROVIDED, HOWEVER, THAT
ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AT LEAST ONE-QUARTER OF
THE  MONEYS  RECEIVED  BY  THE  FUND  SHALL  BE DISBURSED EXCLUSIVELY TO
SUPPORT EFFORTS UNDERTAKEN BY DISTRICT ATTORNEYS TO DETECT, IDENTIFY AND
PROSECUTE FRAUD PERTAINING TO ARTICLE FIFTY-ONE OF THE INSURANCE LAW.
  S 9. Subdivision 3 of section 97-mm  of  the  state  finance  law,  as
amended  by  section  5  of part T of chapter 56 of the laws of 2009, is
amended to read as follows:
  3. Nine million one hundred thousand dollars  annually  of  the  state
police motor vehicle law enforcement account, following appropriation by
the  legislature  and allocation by the director of the budget, shall be
made available for the state operation expenses of the division of state
police including but not limited to the costs of activities relating  to
the  detection, prosecution or reduction of automobile theft and related
purposes, AND THE COSTS OF THE INSURANCE  FRAUD  REWARD  PROGRAM  ESTAB-
LISHED  PURSUANT TO SECTION TWO HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
All other funds of  the  state  police  motor  vehicle  law  enforcement
account,  following  appropriation  by the legislature and allocation by
the director of the budget, shall be made available for the state opera-
tion expenses of the division of state police including but not  limited
to the costs of activities relating to highway safety and public securi-
ty.
  S  10.  Subdivision  4  of  section 97-mm of the state finance law, as
added by section 8 of part T of chapter 57  of  the  laws  of  2000,  is
amended to read as follows:
  4.  The  superintendent of state police, no later than March fifteenth
of each year, shall furnish to the governor, the speaker of the assembly
and the temporary president of  the  senate,  a  report  detailing  each
programmatic  component associated with the automobile theft AND AUTOMO-
BILE INSURANCE FRAUD prevention activities of the state police  for  the
previous year. The report shall include, but not be limited to, a break-
down  of the funds allocated to each programmatic component, including a
breakdown by personal and nonpersonal services and number of  employees,
and  the  number  of  arrests,  convictions, and vehicle recoveries. The
report shall also contain an analysis of  the  incidence  of  automobile
theft  AND AUTOMOBILE INSURANCE FRAUD for each of the state police troop
jurisdictions.
  S 11.  Subdivision 5 of section 170.10 of the penal law is amended and
a new subdivision 6 is added to read as follows:
  5. A prescription of a duly licensed physician or other person author-
ized to issue the same for any drug or any instrument or device used  in

A. 10877                            5

the  taking  or  administering  of  drugs  for  which  a prescription is
required by law[.]; OR
  6.  A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD, AS
DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S 12. Section 170.15 of the penal law is amended to read as follows:
S 170.15 Forgery in the first degree.
  A person is guilty of forgery in the first degree when, with intent to
defraud, deceive or injure another, he OR SHE falsely  makes,  completes
or alters [a]:
  1. TEN OR MORE WRITTEN INSTRUMENTS; OR
  2. A written instrument which is or purports to be, or which is calcu-
lated to become or to represent if completed:
  [1.]  (A) Part of an issue of money, stamps, securities or other valu-
able instruments issued by a government or governmental instrumentality;
or
  [2.] (B) Part of an issue of stock, bonds or other instruments repres-
enting interests in or claims against a corporate or other  organization
or its property.
  Forgery in the first degree is a class C felony.
  S  13. The penal law is amended by adding a new section 175.50 to read
as follows:
S 175.50 OFFERING A FALSE APPLICATION FOR  MOTOR  VEHICLE  INSURANCE  OR
           REGISTRATION.
  A  PERSON  IS GUILTY OF OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE
INSURANCE OR REGISTRATION WHEN KNOWING THAT ANY DOCUMENT HE OR SHE FILES
WITH THE DEPARTMENT OF MOTOR VEHICLES OR AN INSURER PROVIDING  LIABILITY
INSURANCE FOR A MOTOR VEHICLE CONTAINS A FALSE STATEMENT OR FALSE INFOR-
MATION  WITH REGARD TO WHERE HE OR SHE RESIDES OR WHERE HIS OR HER MOTOR
VEHICLE IS GARAGED AND OPERATED.
  OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE INSURANCE OR  REGISTRA-
TION IS A CLASS E FELONY.
  S  14. Subdivision 1 of section 176.05 of the penal law, as amended by
chapter 635 of the laws of 1996 and as designated by chapter  2  of  the
laws of 1998, is amended to read as follows:
  1. A fraudulent insurance act is committed by any person who, knowing-
ly  and  with  intent  to  defraud  presents, causes to be presented, or
prepares with knowledge  or belief that it will be presented to or by an
insurer, self insurer, or purported insurer, or purported self  insurer,
or  any  agent  thereof, any written statement as part of, or in support
of, an application for the issuance of, or the rating  of  a  commercial
insurance  policy,  or  certificate  or  evidence  of self insurance for
commercial OR PERSONAL insurance or commercial OR PERSONAL  self  insur-
ance,  or  a claim for payment or other benefit pursuant to an insurance
policy or self insurance program for commercial  or  personal  insurance
which  he  knows to: (i) contain materially false information concerning
any fact material thereto; or (ii) conceal, for the purpose of  mislead-
ing, information concerning any fact material thereto.
  S  15.  Paragraph  (c) of subdivision 4-b of section 1310 of the civil
practice law and rules, as added by chapter 655 of the laws of 1990,  is
amended and a new paragraph (d) is added to read as follows:
  (c)  a  conviction  of  a  person  for  a violation of section 220.09,
220.16, 220.34 or 220.39 of the penal law, or a conviction of a criminal
defendant for a violation of section 221.30 of the penal law,  or  where
the  accusatory  instrument  charges  any such felony, conviction upon a
plea of guilty to a felony for which the plea is otherwise authorized by
law, together with evidence which: (i) provides substantial indicia that

A. 10877                            6

the defendant used the real property to engage in a  continual,  ongoing
course  of  conduct involving the unlawful mixing, compounding, manufac-
turing, warehousing, or packaging of controlled substances or where  the
conviction  is for a violation of section 221.30 of the penal law, mari-
juana, as part of an illegal trade or business for gain; and (ii) estab-
lishes, where the conviction is for possession of a controlled substance
or where the conviction is for a violation  of  section  221.30  of  the
penal  law,  marijuana, that such possession was with the intent to sell
it[.]; OR
  (D) A CONVICTION OF A PERSON OF ANY  FELONY  DEFINED  IN  ARTICLE  ONE
HUNDRED  SEVENTY-SIX OF THE PENAL LAW, OR OF AN ATTEMPT OR CONSPIRACY TO
COMMIT ANY SUCH FELONY, PROVIDED THAT SUCH ATTEMPT OR CONSPIRACY CONSTI-
TUTES A FELONY.
  S 16. Subdivision 3-a of section 1311 of the civil  practice  law  and
rules,  as  added by chapter 655 of the laws of 1990, is amended to read
as follows:
  3-a. Conviction of a person in a criminal action  upon  an  accusatory
instrument  which  includes  one  or  more  of the felonies specified in
subdivision four-b of section thirteen hundred ten of this  article,  of
any  felony other than such felonies, shall not preclude a defendant, in
any subsequent proceeding under this article where that conviction is at
issue, from adducing evidence that the conduct underlying the conviction
would not establish the elements of any of  the  felonies  specified  in
such subdivision other than the one to which the criminal defendant pled
guilty.  If the defendant does adduce such evidence, the burden shall be
upon the claiming authority to prove, by clear and convincing  evidence,
that  the conduct underlying the criminal conviction would establish the
elements of the felony specified in such subdivision. Nothing  contained
in  this  subdivision  shall  affect the validity of a settlement of any
forfeiture action negotiated between the claiming authority and a crimi-
nal defendant contemporaneously with the taking of a plea of guilty in a
criminal action to any felony defined in article ONE HUNDRED SEVENTY-SIX
OR two hundred twenty, or section 221.30 or 221.55 of the penal law,  or
to a felony conspiracy to commit the same.
  S  17. Paragraphs (a) and (b) of subdivision 11 of section 1311 of the
civil practice law and rules, as added by chapter 655  of  the  laws  of
1990, are amended to read as follows:
  (a)  Any  stipulation or settlement agreement between the parties to a
forfeiture action shall be filed with the clerk of the  court  in  which
the forfeiture action is pending. No stipulation or settlement agreement
shall  be  accepted  for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of  the  stipulation  or
settlement agreement, including the terms of such, has been given to the
state  crime  victims  board,  the  [state] division of criminal justice
services, and in the case of a forfeiture based on a felony  defined  in
article two hundred twenty or section 221.30 or 221.55 of the penal law,
to  the  [state  division]  OFFICE  of  ALCOHOLISM  AND  substance abuse
services.  IN THE CASE OF A FORFEITURE BASED  ON  A  FELONY  DEFINED  IN
ARTICLE ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW, SUCH NOTICE SHALL ALSO
BE GIVEN TO THE INSURANCE FRAUDS BUREAU OF THE INSURANCE DEPARTMENT.
  (b)  No  judgment  or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit  from  the  claiming  authority
that  written  notice of judgment or order, including the terms of such,
has been given to the [state] crime victims board, the [state]  division
of criminal justice services, and in the case of a forfeiture based on a
felony defined in article two hundred twenty or section 221.30 or 221.55

A. 10877                            7

of  the  penal  law,  to  the  [state division] OFFICE of ALCOHOLISM AND
substance abuse services.  IN THE CASE OF A FORFEITURE BASED ON A FELONY
DEFINED IN ARTICLE ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW, SUCH NOTICE
SHALL  ALSO  BE  GIVEN  TO  THE INSURANCE FRAUDS BUREAU OF THE INSURANCE
DEPARTMENT.
  S 18. Subdivision 4 of section 1349 of  the  civil  practice  law  and
rules,  as  added by chapter 655 of the laws of 1990, is amended to read
as follows:
  4. The claiming authority shall report the disposal  of  property  and
collection  of  assets  pursuant  to  this  section to the [state] crime
victims board, the [state] division of criminal justice services  [and],
the  [state  division] OFFICE of ALCOHOLISM AND substance abuse services
AND THE INSURANCE FRAUDS BUREAU OF THE INSURANCE DEPARTMENT.
  S 19. The vehicle and traffic law is amended by adding a  new  section
201-a to read as follows:
  S  201-A.  ACCESS  TO  INFORMATION.  THE  DEPARTMENT  SHALL  ALLOW LAW
ENFORCEMENT PERSONNEL ACCESS TO ANY INDIVIDUAL'S STREET ADDRESS PROVIDED
PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION FOUR  HUNDRED  ONE
AND SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  S  20.  Paragraph b of subdivision 1 of section 401 of the vehicle and
traffic law, as amended by chapter 222 of the laws of 1996,  is  amended
to read as follows:
  b.  Every  owner  of a motor vehicle which shall be operated or driven
upon the public highways  of  this  state  shall,  except  as  otherwise
expressly  provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any  agent  of  the
commissioner,  constituted  as  provided in this chapter, an application
for registration addressed to the commissioner, and on  a  blank  to  be
prepared  under  the  direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the  motor  vehicle
to be registered, including the name and factory number of such vehicle,
and  such  other facts as the commissioner shall require; (b) the weight
of the vehicle upon which the registration fee is based if  the  fee  is
based  on  weight;  (c)  the name and residence, including county of the
owner of such motor vehicle, PROVIDED THAT IF THE APPLICANT USES A  POST
OFFICE BOX WHEN PROVIDING A RESIDENCE ADDRESS, SUCH APPLICANT SHALL ALSO
PROVIDE  THE  STREET  ADDRESS  AT  WHICH HE OR SHE RESIDES; (d) provided
that, if such motor vehicle is used or to be used  as  an  omnibus,  the
applicant  also  shall  so  certify,  and in the case of an omnibus also
certify as to the seating capacity, and if the omnibus is to be operated
wholly within a municipality pursuant to a franchise other than a  fran-
chise  express  or  implied  in  articles  of incorporation upon certain
streets designated in such franchise, those facts shall also  be  certi-
fied,  and  a  certified copy of such franchise furnished to the commis-
sioner; (e) provided, that, if such motor vehicle is an altered  livery,
the  applicant  shall  so  furnish a certified copy of the length of the
center panel of such vehicle, provided, however, that  the  commissioner
shall  require  such  proof, as he OR SHE may determine is necessary, in
the application for registration and provided  further,  if  the  center
panel of such vehicle exceeds one hundred inches, the commissioner shall
require  proof  that  such  vehicle is in compliance with all applicable
federal and state motor vehicle safety standards;  and  (f)  such  addi-
tional  facts  or evidence as the commissioner may require in connection
with the application for registration. Every owner of  a  trailer  shall
also  make application for the registration thereof in the manner herein
provided for an application to  register  a  motor  vehicle,  but  shall

A. 10877                            8

contain a statement showing the manufacturer's number or other identifi-
cation satisfactory to the commissioner and no number plate for a trail-
er  issued  under  the  provisions  of subdivision three of section four
hundred  two  of  this [chapter] ARTICLE shall be transferred to or used
upon any other trailer than the one for which number  plate  is  issued.
The  commissioner  shall require proof, in the application for registra-
tion, or otherwise, as such commissioner may determine, that  the  motor
vehicle  for  which  registration is applied for is equipped with lights
conforming in all respects to the requirements of this chapter,  and  no
motor  vehicle shall be registered unless it shall appear by such proofs
that such motor vehicle is equipped with proper lights as aforesaid. The
said application shall contain or be accompanied by such evidence of the
ownership of the motor vehicle described in the application  as  may  be
required by the commissioner or his OR HER agent and which, with respect
to  new  vehicles, shall include, unless otherwise specifically provided
by the commissioner, the manufacturer's statement  of  origin.  Applica-
tions received by an agent of the commissioner shall be forwarded to the
commissioner  as  he  OR SHE shall direct for filing. No application for
registration shall be accepted unless the applicant is at least  sixteen
years  of age AND HAS SIGNED SUCH APPLICATION ATTESTING TO THE TRUTH AND
VERACITY OF THE FACTS STATED THEREIN.
  S 21. Subdivision 1 of section 502 of the vehicle and traffic law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty,  age, ADDRESS OF HIS OR HER RESIDENCE and fitness as may be required
by the commissioner. WHEN PROVIDING HIS OR HER ADDRESS OF RESIDENCE, THE
APPLICANT SHALL PROVIDE THE STREET ADDRESS AT WHICH HE OR  SHE  RESIDES.
EACH  APPLICANT SHALL SIGN HIS OR HER APPLICATION ATTESTING TO THE TRUTH
AND VERACITY OF THE FACTS STATED  THEREIN.  The  commissioner  may  also
provide  that  the  application  procedure shall include the taking of a
photo image or images of the applicant  in  accordance  with  rules  and
regulations prescribed by the commissioner. In addition, the commission-
er also shall require that the applicant provide his or her social secu-
rity  number  and provide space on the application so that the applicant
may register in the New York state organ and tissue donor registry under
section forty-three hundred ten of the public health law.  In  addition,
an  applicant  for  a  commercial  driver's  license  who will operate a
commercial motor vehicle in interstate commerce shall certify that  such
applicant  meets the requirements to operate a commercial motor vehicle,
as set forth in public law 99-570, title XII, and title 49 of  the  code
of  federal  regulations,  and all regulations promulgated by the United
States secretary of transportation under the hazardous materials  trans-
portation  act.  Upon  a  determination  that the holder of a commercial
driver's license has made any  false  statement,  with  respect  to  the
application  for  such  license,  the  commissioner  shall  revoke  such
license.
  S 22. Temporary task force on motor vehicle insurance fraud.  (a)  The
superintendent of insurance and the commissioner of motor vehicles shall
convene a temporary task force on motor vehicle insurance fraud to exam-
ine  the  feasibility and cost-effectiveness of developing methodologies
to identify owners and operators of motor vehicles who misrepresent  the
principal  place  of  their  residence or where their motor vehicles are
garaged and operated. Such task force shall develop a plan on the feasi-

A. 10877                            9

bility of implementing a statewide registry of the street  addresses  of
the  owners  and  operators  of motor vehicles in this state. The report
issued by this task force shall:
  (1)  investigate  the  feasibility  of  developing  and implementing a
statewide registry of the addresses of motor vehicle owners  and  opera-
tors;
  (2) detail the costs of establishing such a registry;
  (3) identify the parameters for entering and retrieving data from such
registry; and
  (4)  evaluate  the  value of establishing such registry in identifying
motor vehicle owners and operators who misrepresent their place of resi-
dence or where their vehicle is garaged and operated.
  (b) The task force shall consist of 13 members. The superintendent  of
insurance  and  the  commissioner of motor vehicles, or their designees,
shall be members of the task force and shall be  the  co-chairs  of  the
task  force.  A representative of the New York Automobile Insurance Plan
shall be a member of the task force. The remaining ten  members  of  the
task force shall be appointed as follows: four shall be appointed by the
governor,  two  shall  be  appointed  by  the temporary president of the
senate, two shall be appointed by the speaker of the assembly, one shall
be appointed by the minority leader of the  senate,  and  one  shall  be
appointed  by  the minority leader of the assembly. Of such ten members:
three shall be representatives of insurers actively writing motor  vehi-
cle  insurance  in  this  state,  three  shall be representatives of the
insurance agent and broker  community  actively  selling  motor  vehicle
insurance  in  this state, two shall be representatives of companies the
business of which involves collecting, dispersing and synthesizing data,
and two shall be representatives of the motor vehicle  insurance  buying
public.
  (c)  The  task  force  shall  submit  a report to the governor and the
legislature of its  findings,  conclusions  and  recommendations  within
fifteen months of the effective date of this section.
  S  23.  This  act shall take effect on the sixtieth day after it shall
have become a law, provided that:
  (a) sections two, three and five of this act shall take effect on  the
same  date  and  in  the  same manner as chapter 499 of the laws of 2009
takes effect; and
  (b) section twenty-two of this act shall expire and be deemed repealed
eighteen months after the effective date of this act.