senate Bill S2373A

2013-2014 Legislative Session

Enacts provisions to reduce the incidence of motor vehicle insurance fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 05, 2014 referred to insurance
delivered to assembly
passed senate
Mar 12, 2014 advanced to third reading
Mar 11, 2014 2nd report cal.
Mar 10, 2014 1st report cal.239
Mar 04, 2014 print number 2373a
amend and recommit to insurance
Jan 08, 2014 referred to insurance
returned to senate
died in assembly
Jun 18, 2013 referred to insurance
delivered to assembly
passed senate
ordered to third reading cal.1426
committee discharged and committed to rules
Mar 04, 2013 reported and committed to codes
Jan 16, 2013 referred to insurance

Votes

view votes

Mar 10, 2014 - Insurance committee Vote

S2373A
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Insurance committee vote details

Jun 18, 2013 - Rules committee Vote

S2373
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 4, 2013 - Insurance committee Vote

S2373
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S2373 - Details

See Assembly Version of this Bill:
A9026
Law Section:
Insurance Law
Laws Affected:
Amd §§401, 405 & 2133, Ins L; amd §§170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, rpld §502 sub 1, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S4847B

S2373 - Summary

Grants the superintendent of financial services authority to investigate fraudulent activities, such as motor vehicle operators who drive with no insurance coverage, and those who misrepresent their principal place of residence or where their motor vehicle is principally garaged and operated; authorizes such superintendent to accept reports of suspected fraudulent insurance actions; requires insurance companies and self-insurers to report incidents of insurance fraud to the department of financial services; includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card (view more) includes within the class C felony of forgery in the first degree, the forgery of 10 or more written instruments; includes within the class E felony of insurance fraud in the fourth degree, the operation of a motor vehicle in this state when the vehicle is insured in another state, but it is actually garaged in this state or the owner principally resides in this state; requires applicants for motor vehicle registrations and driver's licenses to provide the department of motor vehicles with the address of their principal place of residence.

S2373 - Sponsor Memo

S2373 - Bill Text download pdf

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

                                  2373

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, SQUADRON, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Insurance

AN  ACT  to  amend the insurance law, the penal law, and the vehicle and
  traffic law, in relation to insurance fraud; and to repeal subdivision
  1 of section 502 of the vehicle and traffic law relating  to  applica-
  tions for licenses

  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. Subsection (a) of section 405 of the insurance law, as amended by
section 7 of part A of chapter 62 of the laws of  2011,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04456-02-3

Co-Sponsors

view additional co-sponsors

S2373A (ACTIVE) - Details

See Assembly Version of this Bill:
A9026
Law Section:
Insurance Law
Laws Affected:
Amd §§401, 405 & 2133, Ins L; amd §§170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, rpld §502 sub 1, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S4847B

S2373A (ACTIVE) - Summary

Grants the superintendent of financial services authority to investigate fraudulent activities, such as motor vehicle operators who drive with no insurance coverage, and those who misrepresent their principal place of residence or where their motor vehicle is principally garaged and operated; authorizes such superintendent to accept reports of suspected fraudulent insurance actions; requires insurance companies and self-insurers to report incidents of insurance fraud to the department of financial services; includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card (view more) includes within the class C felony of forgery in the first degree, the forgery of 10 or more written instruments; includes within the class E felony of insurance fraud in the fourth degree, the operation of a motor vehicle in this state when the vehicle is insured in another state, but it is actually garaged in this state or the owner principally resides in this state; requires applicants for motor vehicle registrations and driver's licenses to provide the department of motor vehicles with the address of their principal place of residence.

S2373A (ACTIVE) - Sponsor Memo

S2373A (ACTIVE) - Bill Text download pdf

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

                                 2373--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by Sens. KLEIN, AVELLA, CARLUCCI, O'BRIEN, SAVINO, SQUADRON,
  STAVISKY, VALESKY -- read twice and ordered printed, and when  printed
  to  be  committed  to the Committee on Insurance -- recommitted to the
  Committee on Insurance in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the insurance law, the penal law, and  the  vehicle  and
  traffic law, in relation to insurance fraud; and to repeal subdivision
  1  of  section 502 of the vehicle and traffic law relating to applica-
  tions for licenses

  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  INDIVIDUALS
THAT  OPERATE MOTOR VEHICLES WITH NO INSURANCE COVERAGE, AND MOTOR VEHI-
CLE INSUREDS WHO MISREPRESENT THE PRINCIPAL PLACE  WHERE  INSURED  MOTOR
VEHICLES  ARE  GARAGED  AND  OPERATED.  OPERATING MOTOR VEHICLES 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  LIABILITY  RISK  AND
INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
section  7  of  part  A of chapter 62 of the laws of 2011, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04456-06-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.