S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9866
 
                           I N  A S S E M B L Y
 
                              April 24, 2024
                                ___________
 
 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 authorizing the investigation of insurance
   fraud and fines related to the commission of such crime 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
 fraudulent  insurance  transaction  or fraudulent life settlement act is
 about to take place, or has taken place shall, within thirty days  after
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD08382-01-3
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 determination  by such person that the transaction appears to be fraudu-
 lent, send to the superintendent on a form prescribed by the superinten-
 dent, the information requested by the form and such additional informa-
 tion  relative  to  the factual circumstances of the transaction and the
 parties involved as the superintendent may require.  The  superintendent
 shall  accept  reports of suspected fraudulent insurance transactions or
 fraudulent life settlement acts from any self insurer, including but not
 limited to self insurers  providing  health  insurance  coverage,  THOSE
 PROVIDING  MOTOR VEHICLE LIABILITY INSURANCE or those defined in section
 fifty of the workers' compensation law, and shall treat such reports  as
 any other received pursuant to this section.
   §  3.  Section  2133 of the insurance law, as amended by chapter 77 of
 the laws of 1994, is amended to read as follows:
   § 2133. [Forged] FALSE INSURANCE DOCUMENTS AND FORGED insurance  iden-
 tification  cards.  Any  insurance  company,  insurance agent, insurance
 broker or other person who or which, personally or by the action  of  an
 employee  or agent, KNOWINGLY possesses, PRODUCES transfers or uses: (A)
 ANY DOCUMENT WHICH PURPORTS  TO  EVINCE  INSURANCE  COVERAGE  WHEN  SUCH
 COVERAGE  IS  NOT  IN  EFFECT  OR IS IN EFFECT AT LIMITS LESS THAN THOSE
 STATED IN THE DOCUMENT; OR (B) a forged  insurance  identification  card
 for  a  motor  vehicle,  having  knowledge,  personally  or through such
 employee or agent, of the fact that such insurance identification  card,
 when  issued,  did not actually represent an owner's policy of liability
 insurance or a financial security bond issued by  an  insurance  company
 licensed to do business in this state covering the motor vehicle identi-
 fied  on  such  card,  shall be liable for payment to the people of this
 state of a civil penalty in a  sum  not  exceeding  [one]  TWO  thousand
 dollars  for the first such violation and a sum not exceeding five thou-
 sand dollars for each subsequent violation. For  the  purposes  of  this
 section  the term "forged insurance identification card" means a written
 insurance identification card which has been falsely made, completed  or
 altered,  and  the  term "falsely made, completed or altered" shall have
 the same meaning as set forth in section 170.00 of the penal law.
   § 4. Section 165.06 of the penal law, as amended by chapter 413 of the
 laws of 1982, is amended to read as follows:
 § 165.06 Unauthorized use of a vehicle in the second degree.
   A person is guilty of unauthorized use of  a  vehicle  in  the  second
 degree when:
   He  OR  SHE  commits the crime of unauthorized use of a vehicle in the
 third degree as defined in subdivision one of  section  165.05  of  this
 article  and  has been previously convicted of the crime of unauthorized
 use of a vehicle [in the third degree] as defined in [subdivision one of
 section 165.05 or second degree] SECTIONS 165.05,  165.06,  AND  165.08,
 AUTO  STRIPPING AS DEFINED IN SECTIONS 165.09, 165.10, AND 165.11, GRAND
 LARCENY OF A MOTOR  VEHICLE  AS  DEFINED  IN  SECTIONS  155.30,  155.35,
 155.40, AND 155.42, CRIMINAL POSSESSION OF STOLEN PROPERTY AS DEFINED IN
 SECTIONS  165.40,  165.45,  165.50,  165.52,   AND 165.54 AND THE STOLEN
 PROPERTY CONSISTED OF A MOTOR VEHICLE, OR ILLEGAL POSSESSION OF A  VEHI-
 CLE  IDENTIFICATION  NUMBER  AS  DEFINED  IN  SECTION  170.70 within the
 preceding ten years.
   Unauthorized use of a vehicle in the second degree is a class E  felo-
 ny.
   §  5.  Subdivision 5 of section 170.10 of the penal law is amended and
 a new subdivision 6 is added to read as follows:
   5. A prescription of a duly licensed physician or other person author-
 ized to issue the same for any drug or any instrument or device used  in
 A. 9866                             3
 
 the  taking  or  administering  of  drugs  for  which  a prescription is
 required by law[.]; OR
   6.  A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD, AS
 DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
   § 6. Section 170.15 of the penal law is amended to read as follows:
 § 170.15 Forgery in the first degree.
   A person is guilty of forgery in the first degree when, with intent to
 defraud, deceive or injure another, he OR SHE falsely  makes,  completes
 or alters [a]:
   1. TEN OR MORE WRITTEN INSTRUMENTS; OR
   2. A written instrument which is or purports to be, or which is calcu-
 lated to become or to represent if completed:
   [1.]  (A) Part of an issue of money, stamps, securities or other valu-
 able instruments issued by a government or governmental instrumentality;
 or
   [2.] (B) Part of an issue of stock, bonds or other instruments repres-
 enting interests in or claims against a corporate or other  organization
 or its property.
   Forgery in the first degree is a class C felony.
   §  7.  The penal law is amended by adding a new section 175.50 to read
 as follows:
 § 175.50 OFFERING A FALSE APPLICATION FOR  MOTOR  VEHICLE  INSURANCE  OR
            REGISTRATION.
   A  PERSON  IS GUILTY OF OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE
 INSURANCE OR REGISTRATION WHEN KNOWING THAT ANY DOCUMENT HE OR SHE FILES
 WITH THE DEPARTMENT OF MOTOR VEHICLES OR AN INSURER PROVIDING  LIABILITY
 INSURANCE FOR A MOTOR VEHICLE CONTAINS A FALSE STATEMENT OR FALSE INFOR-
 MATION  WITH REGARD TO WHERE HE OR SHE RESIDES OR WHERE HIS OR HER MOTOR
 VEHICLE IS GARAGED AND OPERATED.
   OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE INSURANCE OR  REGISTRA-
 TION IS A CLASS E FELONY.
   §  8.  Subdivision 1 of section 176.05 of the penal law, as amended by
 chapter 211 of the laws of 2011, is amended to read as follows:
   1. any written statement as part of, or in support of, an  application
 for  the issuance of, or the rating of a commercial insurance policy, or
 certificate or evidence of self insurance  for  commercial  OR  PERSONAL
 insurance  or  commercial  OR  PERSONAL  self  insurance, or a claim for
 payment or other benefit pursuant to an insurance policy or self  insur-
 ance  program  for commercial or personal insurance that he or she knows
 to:
   (a) contain materially false information concerning any fact  material
 thereto; or
   (b) conceal, for the purpose of misleading, information concerning any
 fact material thereto; or
   § 9. Section 176.15 of the penal law, as amended by chapter 515 of the
 laws of 1986, is amended to read as follows:
 § 176.15 Insurance fraud in the fourth degree.
   A  person  is  guilty  of insurance fraud in the fourth degree when he
 [commits] OR SHE:
   1. 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.  OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY, WHEN BEING THE OWNER
 OF SUCH MOTOR VEHICLE, HE OR SHE KNOWS THE MOTOR VEHICLE IS INSURED BY A
 POLICY ISSUED UNDER THE LAWS OF ANOTHER STATE, WHEN  SUCH  PERSON  MAIN-
 TAINS HIS OR HER PRINCIPAL RESIDENCE IN THIS STATE OR SUCH MOTOR VEHICLE
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 IS  PRINCIPALLY  GARAGED  IN  THIS  STATE, AND SUCH INSURANCE POLICY WAS
 ISSUED UPON ANY WRITTEN OR ORAL STATEMENT BY SUCH PERSON THAT HE OR  SHE
 PRINCIPALLY  RESIDES  IN  SUCH OTHER STATE OR THAT SUCH MOTOR VEHICLE IS
 PRINCIPALLY GARAGED IN SUCH OTHER STATE.
   Insurance fraud in the fourth degree is a class E felony.
   §  10.  The vehicle and traffic law is amended by adding a new section
 201-a to read as follows:
   § 201-A. ACCESS TO INFORMATION. THE DEPARTMENT, AS WELL AS ANY DEPART-
 MENT, AGENCY, AUTHORITY OR GOVERNMENT ENTITY, MAINTAINING VEHICLE, RESI-
 DENCE OR EZ PASS INFORMATION,  SHALL  ALLOW  LAW  ENFORCEMENT  PERSONNEL
 ACCESS TO ANY INDIVIDUAL'S STREET ADDRESS PROVIDED PURSUANT TO PARAGRAPH
 B  OF  SUBDIVISION ONE OF SECTION FOUR HUNDRED ONE AND SUBDIVISION ONE-A
 OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
   § 11. Paragraph b of subdivision 1 of section 401 of the  vehicle  and
 traffic  law,  as amended by chapter 222 of the laws of 1996, is amended
 to read as follows:
   b. Every owner of a motor vehicle which shall be  operated  or  driven
 upon  the  public  highways  of  this  state  shall, except as otherwise
 expressly provided, cause to be presented, by mail or otherwise, to  the
 office  or  a  branch office of the commissioner, or to any agent of the
 commissioner, constituted as provided in this  chapter,  an  application
 for  registration  addressed  to  the commissioner, and on a blank to be
 prepared under the direction of and furnished by  the  commissioner  for
 that  purpose,  containing: (a) a brief description of the motor vehicle
 to be registered, including the name and factory number of such vehicle,
 and such other facts as the commissioner shall require; (b)  the  weight
 of  the  vehicle  upon which the registration fee is based if the fee is
 based on weight; (c) the name and residence,  including  county  of  the
 owner  of such motor vehicle, PROVIDED THAT IF THE APPLICANT USES A POST
 OFFICE BOX WHEN PROVIDING A RESIDENCE ADDRESS, SUCH APPLICANT SHALL ALSO
 PROVIDE THE STREET ADDRESS AT WHICH HE  OR  SHE  RESIDES;  (d)  provided
 that,  if  such  motor  vehicle is used or to be used as an omnibus, the
 applicant also shall so certify, and in the  case  of  an  omnibus  also
 certify as to the seating capacity, and if the omnibus is to be operated
 wholly  within a municipality pursuant to a franchise other than a fran-
 chise express or implied  in  articles  of  incorporation  upon  certain
 streets  designated  in such franchise, those facts shall also be certi-
 fied, and a certified copy of such franchise furnished  to  the  commis-
 sioner;  (e) provided, that, if such motor vehicle is an altered livery,
 the applicant shall so furnish a certified copy of  the  length  of  the
 center  panel  of such vehicle, provided, however, that the commissioner
 shall require such proof, as he OR SHE may determine  is  necessary,  in
 the  application  for  registration  and provided further, if the center
 panel of such vehicle exceeds one hundred inches, the commissioner shall
 require proof that such vehicle is in  compliance  with  all  applicable
 federal  and  state  motor  vehicle safety standards; and (f) such addi-
 tional facts or evidence as the commissioner may require  in  connection
 with  the  application  for registration. Every owner of a trailer shall
 also make application for the registration thereof in the manner  herein
 provided  for  an  application  to  register  a motor vehicle, but shall
 contain a statement showing the manufacturer's number or other identifi-
 cation satisfactory to the commissioner and no number plate for a trail-
 er issued under the provisions of  subdivision  three  of  section  four
 hundred  two  of  this [chapter] ARTICLE shall be transferred to or used
 upon any other trailer than the one for which number  plate  is  issued.
 The  commissioner  shall require proof, in the application for registra-
 A. 9866                             5
 
 tion, or otherwise, as such commissioner may determine, that  the  motor
 vehicle  for  which  registration is applied for is equipped with lights
 conforming in all respects to the requirements of this chapter,  and  no
 motor  vehicle shall be registered unless it shall appear by such proofs
 that such motor vehicle is equipped with proper lights as aforesaid. The
 said application shall contain or be accompanied by such evidence of the
 ownership of the motor vehicle described in the application  as  may  be
 required by the commissioner or his OR HER agent and which, with respect
 to  new  vehicles, shall include, unless otherwise specifically provided
 by the commissioner, the manufacturer's statement  of  origin.  Applica-
 tions received by an agent of the commissioner shall be forwarded to the
 commissioner  as  he  OR SHE shall direct for filing. No application for
 registration shall be accepted unless the applicant is at least  sixteen
 years  of age AND HAS SIGNED SUCH APPLICATION ATTESTING TO THE TRUTH AND
 VERACITY OF THE FACTS STATED THEREIN.
   § 12. Section 502 of the vehicle and traffic law is amended by  adding
 a new subdivision 1-a to read as follows:
   1-A.  PROVISION  OF STREET ADDRESS. IN ADDITION TO THE REQUIREMENTS OF
 SUBDIVISION ONE OF THIS SECTION, EACH APPLICANT, WHEN PROVIDING  HIS  OR
 HER  ADDRESS,  SHALL  PROVIDE  THE  STREET  ADDRESS  AT  WHICH HE OR SHE
 RESIDES. THE APPLICANT SHALL SIGN HIS OR HER  APPLICATION  ATTESTING  TO
 THE TRUTH AND VERACITY OF THE PLACE OF HIS OR HER RESIDENCE.
   §  13.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided however, that sections  four,
 five,  six,  seven,  eight and nine of this act shall take effect on the
 first of November next succeeding the date on which it shall have become
 a law.