Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Jun 12, 2015 |
print number 7237a |
Jun 12, 2015 |
amend (t) and recommit to codes |
Apr 29, 2015 |
referred to codes |
Assembly Bill A7237A
2015-2016 Legislative Session
Sponsored By
MORELLE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
James Skoufis
2015-A7237 - Details
2015-A7237 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7237 2015-2016 Regular Sessions I N A S S E M B L Y April 29, 2015 ___________ Introduced by M. of A. MORELLE -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to the definition of rate evasion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 176.75 to read as follows: S 176.75 RATE EVASION; DEFINED. A PERSON WHO OPERATES A MOTOR VEHICLE ON THE PUBLIC HIGHWAYS OF THIS STATE, WHICH MOTOR VEHICLE IS INSURED BY A POLICY ISSUED UNDER THE LAWS OF ANOTHER STATE, IS GUILTY OF RATE EVASION IF SUCH PERSON MAINTAINS A PRINCIPAL RESIDENCE IN THIS STATE OR HAS THEIR MOTOR VEHICLE PRINCIPALLY GARAGED IN THIS STATE AND THEY HAVE KNOWINGLY PREPARED OR MADE ANY WRIT- TEN, ELECTRONIC OR ORAL STATEMENT, PRESENTED TO ANY INSURANCE COMPANY OR PRODUCER LICENSED TO TRANSACT THE BUSINESS OF INSURANCE UNDER THE LAWS OF THAT OTHER STATE, AND THAT RESULTED IN OBTAINING A MOTOR VEHICLE INSURANCE POLICY FOR THEIR MOTOR VEHICLE IN THAT OTHER STATE, AND THE PERSON TO BE INSURED: (1) MAINTAINS A PRINCIPAL RESIDENCE IN THE OTHER STATE WHEN, IN FACT, THAT PERSON'S PRINCIPAL RESIDENCE IS IN THIS STATE; OR (2) HAS THEIR MOTOR VEHICLE PRINCIPALLY GARAGED IN THE OTHER STATE, WHEN, IN FACT, THAT PERSON HAS HIS OR HER MOTOR VEHICLE PRINCIPALLY GARAGED IN THIS STATE. THIS SECTION SHALL NOT APPLY TO A PERSON WHO INSURES A VEHICLE IN ANOTHER STATE, AS PERMITTED BY AND IN ACCORDANCE WITH THE LAWS OF THAT STATE, BASED ON A SECOND RESIDENCE, OR ATTENDANCE AT AN EDUCATIONAL INSTITUTION, IN THAT OTHER STATE, IF IN OBTAINING THE POLICY THE PERSON TRUTHFULLY DISCLOSES TO THE INSURANCE COMPANY OR PRODUCER THE STATE OF THE PERSON'S PRINCIPAL RESIDENCE AND THE STATE WHERE THE VEHICLE IS PRINCIPALLY GARAGED. RATE EVASION IS A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
James Skoufis
David Weprin
2015-A7237A (ACTIVE) - Details
2015-A7237A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7237--A 2015-2016 Regular Sessions I N A S S E M B L Y April 29, 2015 ___________ Introduced by M. of A. MORELLE, SKOUFIS -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal 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 176.15 of the penal law, as amended by chapter 515 of the laws of 1986, is amended to read as follows: S 176.15 Insurance fraud in the fourth degree. A person is guilty of insurance fraud in the fourth degree when: 1. he OR SHE commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one thousand dollars; OR 2. HE OR SHE COMMITS A FRAUDULENT INSURANCE ACT AND THE MATERIAL FACT CONTAINED OR CONCEALED IS THAT SUCH PERSON EITHER (A) MAINTAINS A PRIN- CIPAL RESIDENCE IN THE OTHER STATE WHEN, IN FACT, THAT PERSON'S PRINCI- PAL RESIDENCE IS IN THIS STATE; OR (B) HAS HIS OR HER MOTOR VEHICLE PRINCIPALLY GARAGED IN THE OTHER STATE, WHEN, IN FACT, THAT PERSON HAS HIS OR HER MOTOR VEHICLE PRINCIPALLY GARAGED IN THIS STATE. THIS SECTION SHALL NOT APPLY TO A PERSON WHO INSURES A VEHICLE IN ANOTHER STATE, AS PERMITTED BY AND IN ACCORDANCE WITH THE LAWS OF THAT STATE, BASED ON A SECOND RESIDENCE, OR ATTENDANCE AT AN EDUCATIONAL INSTITU- TION, IN THAT OTHER STATE, WHERE SUCH PERSON ALSO DRIVES AND GARAGES A VEHICLE IN THAT STATE, IF IN OBTAINING THE POLICY THE PERSON TRUTHFULLY DISCLOSES TO THE INSURANCE COMPANY OR PRODUCER THE STATE OF THE PERSON'S PRINCIPAL RESIDENCE AND THE STATE WHERE THE VEHICLE IS PRINCIPALLY GARAGED. Insurance fraud in the fourth degree is a class E felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10577-03-5
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