assembly Bill A4032

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to insurance
Jan 31, 2019 referred to insurance

Co-Sponsors

A4032 (ACTIVE) - Details

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:
2013-2014: A9026
2015-2016: A2033
2017-2018: A5144

A4032 (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.

A4032 (ACTIVE) - Bill Text download pdf


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

                                  4032

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced by M. of A. WEPRIN, WOERNER, D'URSO -- 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 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-
action or life settlement act may be fraudulent, or has knowledge that a

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