S T A T E O F N E W Y O R K
________________________________________________________________________
5695
2011-2012 Regular Sessions
I N S E N A T E
June 10, 2011
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Introduced by Sens. KLEIN, LARKIN -- read twice and ordered printed, and
when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law and the vehicle and traffic law, in
relation to insurance fraud
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 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. 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 3. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05004-05-1
S. 5695 2
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
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. 5695 3
S 4. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by section 2 of part CC of chapter 58 of the laws of 2011, 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. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of federal regulations relating to
medical certification and in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three and five
hundred ten-a of this title, the term "medical certificate" shall mean a
form substantially in compliance with the form set forth in Part
391.43(h) of title 49 of the code of federal regulations. Upon a deter-
mination 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 5. This act shall take effect on the same date and in the same
manner as part A of chapter 62 of the laws of 2011 takes effect, as
provided in subdivision (a) of section 114 of such part, provided that
sections two, three and four of this act shall take effect on the same
date and in the same manner as section 2 of part CC of chapter 58 of the
laws of 2011 takes effect.