senate Bill S3665

2017-2018 Legislative Session

Enacts provisions to reduce the incidence of motor vehicle insurance fraud and motor vehicle theft

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 referred to insurance
delivered to assembly
passed senate
ordered to third reading cal.2036
committee discharged and committed to rules
Jan 03, 2018 referred to insurance
returned to senate
died in assembly
Jun 15, 2017 referred to insurance
delivered to assembly
passed senate
ordered to third reading cal.1785
committee discharged and committed to rules
Jan 25, 2017 referred to insurance

Votes

view votes

Jun 20, 2018 - Rules committee Vote

S3665
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 15, 2017 - Rules committee Vote

S3665
21
0
committee
21
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S3665 (ACTIVE) - Details

See Assembly Version of this Bill:
A5144
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§401, 405 & 2133, Ins L; amd §§165.06, 170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4847
2013-2014: S2373, A9026
2015-2016: S1146, A2033
2019-2020: A4032

S3665 (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; relates to the crime of unauthorized use of a motor vehicle; adds other motor vehicle related crimes as predicate crimes which may increase punishment for unauthorized use of a motor vehicle in the second degree when one is convicted of such crimes within the preceding ten years.

S3665 (ACTIVE) - Sponsor Memo

S3665 (ACTIVE) - Bill Text download pdf


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

                                  3665

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 25, 2017
                               ___________

Introduced by Sens. KLEIN, AVELLA, CARLUCCI, SAVINO, SQUADRON, STAVISKY,
  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 combatting the theft
  of motor vehicles

  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 AUTHORITY PURSUANT TO THIS CHAPTER
TO INVESTIGATE FRAUDULENT ACTIVITIES WITH  REGARD  TO  INDIVIDUALS  THAT
OPERATE  MOTOR  VEHICLES  WITH  NO INSURANCE COVERAGE, AND MOTOR VEHICLE
INSUREDS WHO MISREPRESENT THE PRINCIPAL PLACE WHERE INSURED MOTOR  VEHI-
CLES  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 COMPEN-
SATE  INDIVIDUALS  FOR PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE THEY
INFLICT UPON OTHERS.  FURTHERMORE, MOTOR VEHICLE INSUREDS WHO  MISREPRE-
SENT  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.
  § 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
fund of this state, who has reason to believe that an  insurance  trans-

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

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