S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5969--A A. 8227--A
Cal. No. 513
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 Sens. BALL, BONACIC, BOYLE, DeFRANCISCO,
DIAZ, ESPAILLAT, GIPSON, HANNON, LATIMER, MARCHIONE, MAZIARZ, PARKER,
RANZENHOFER, RITCHIE, SAMPSON, SMITH, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules -- recommitted to the Committee on Transportation in accordance
with Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first report, amended on first report, ordered to a second
report and ordered reprinted, retaining its place in the order of
second report
IN ASSEMBLY -- Introduced by M. of A. WEISENBERG, THIELE, MILLMAN,
GALEF, DiPIETRO, GRAF, OTIS, BUCHWALD -- Multi-Sponsored by -- M. of
A. BARCLAY, COOK, CROUCH, DUPREY, HENNESSEY, ROBINSON, SCHIMEL, SKAR-
TADOS, SWEENEY, TITONE -- read once and referred to the Committee on
Transportation -- recommitted to the Committee on Transportation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11769-04-4
S. 5969--A 2 A. 8227--A
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. INSURERS SHALL RETAIN THE RIGHT
TO DETERMINE WHETHER TO OFFER TO THEIR POLICYHOLDERS THE ABILITY TO
PRODUCE PROOF OF FINANCIAL SECURITY IN ELECTRONIC FORM. 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 surren-
der forthwith his OR HER registration certificate and number plates of
the vehicle to the commissioner 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
ACCEPTANCE OF PROOF OF INSURANCE IN ELECTRONIC FORM ON 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.
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.
