assembly Bill A5144A

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to insurance
Apr 26, 2017 print number 5144a
Apr 26, 2017 amend (t) and recommit to insurance
Feb 06, 2017 referred to insurance

A5144 - Details

See Senate Version of this Bill:
S3665
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: A9026, S2373
2015-2016: A2033, S1146
2019-2020: A4032

A5144 - 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.

A5144 - Bill Text download pdf


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

                                  5144

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred 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 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.
  § 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.

Co-Sponsors

A5144A (ACTIVE) - Details

See Senate Version of this Bill:
S3665
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: A9026, S2373
2015-2016: A2033, S1146
2019-2020: A4032

A5144A (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.

A5144A (ACTIVE) - Bill Text download pdf


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

                                 5144--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Insurance -- 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 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.