Actions

Text

STATE OF NEW YORK
________________________________________________________________________

4100--A

2011-2012 Regular Sessions

IN ASSEMBLY

February 1, 2011
___________

Introduced by M. of A. MORELLE -- Multi-Sponsored by -- M. of A. SWEENEY
  --  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 executive law, the state  finance
  law,  the  penal law, the civil practice law and rules and the vehicle
  and traffic law, in relation to  insurance  fraud;  to  establish  the
  temporary  task  force on motor vehicle insurance fraud; and providing
  for the repeal of certain provisions upon the expiration thereof

  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 (e) to read as follows:
  (E)  THE  SUPERINTENDENT  SHALL  HAVE BROAD AUTHORITY PURSUANT TO THIS
CHAPTER TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO MOTOR  VEHI-
CLE  DRIVERS  THAT  OPERATE  AUTOMOBILES WITH NO INSURANCE COVERAGE, AND
MOTOR VEHICLE  INSUREDS  WHO  MISREPRESENT  THE  PRINCIPAL  PLACE  WHERE
INSURED  MOTOR  VEHICLES ARE GARAGED AND OPERATED. OPERATING MOTOR VEHI-
CLES 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 LIABIL-
ITY RISK AND INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
chapter 499 of the laws of 2009, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05004-03-1
A. 4100--A                          2

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
determination  by such person that the transaction appears to be fraudu-
lent, send to the insurance frauds bureau on a form  prescribed  by  the
superintendent,  the  information  requested  by the form and such addi-
tional information relative to the factual circumstances of  the  trans-
action  and  the parties involved as the superintendent may require. The
insurance frauds bureau 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  or  those  defined in section fifty of the workers'
compensation law, and shall treat such reports  as  any  other  received
pursuant  to  this  section.    THE INSURANCE FRAUDS BUREAU SHALL ACCEPT
REPORTS OF SUSPECTED FRAUDULENT INSURANCE  TRANSACTIONS  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.
  S  3.    The insurance law is amended by adding a new section 405-a to
read as follows:
  S 405-A.  COMPENSATION FOR REPORT OF INSURANCE FRAUD TO  LAW  ENFORCE-
MENT  AUTHORITIES.  (A)  ANY  PERSON,  OTHER  THAN  PERSONS DESCRIBED IN
SUBSECTION (A) OF SECTION FOUR HUNDRED FIVE OF THIS  ARTICLE  AND  OTHER
THAN  A PERSON WHO HAS RECEIVED AN AWARD PURSUANT TO SECTION TWO HUNDRED
THIRTY-ONE OF THE EXECUTIVE LAW, WHO HAS REASON TO BELIEVE THAT A  FRAU-
DULENT  INSURANCE  ACT PROHIBITED PURSUANT TO ARTICLE ONE HUNDRED SEVEN-
TY-SIX OF THE PENAL LAW HAS BEEN COMMITTED OR THAT AN  INSURANCE  TRANS-
ACTION  MAY  BE FRAUDULENT, OR HAS KNOWLEDGE THAT A FRAUDULENT INSURANCE
TRANSACTION IS ABOUT TO TAKE PLACE, OR HAS TAKEN PLACE MAY  REPORT  SUCH
ACT OR TRANSACTION AND ANY ADDITIONAL INFORMATION RELATIVE TO THE FACTU-
AL  CIRCUMSTANCES  OF  THE  TRANSACTION  AND THE PARTIES INVOLVED TO THE
ATTORNEY GENERAL, DISTRICT ATTORNEY OR INSURANCE FRAUDS BUREAU.
  (B) IF THE INSURANCE FRAUDS BUREAU RECOMMENDS TO THE ATTORNEY  GENERAL
OR  DISTRICT  ATTORNEY TO COMMENCE AN ACTION, OR IF THE ATTORNEY GENERAL
OR DISTRICT ATTORNEY COMMENCES AN ACTION BASED ON  INFORMATION  PROVIDED
BY A PERSON PURSUANT TO SUBSECTION (A) OF THIS SECTION, THEN SUCH PERSON
SHALL  BE  ENTITLED TO RECEIVE AN AWARD OF NOT MORE THAN FIFTEEN PERCENT
OF THE PROCEEDS OF THE ACTION OR A SETTLEMENT OF THE CLAIM IN AN  AMOUNT
NOT  TO  EXCEED  TWENTY-FIVE THOUSAND DOLLARS.   THE ATTORNEY GENERAL OR
DISTRICT ATTORNEY SHALL RECOMMEND TO THE  COURT  WHEN  A  SETTLEMENT  IS
ENTERED  THE AMOUNT OF SUCH AWARD. THE COURT SHALL BASE SUCH AWARD DECI-
SION ON THE EXTENT TO WHICH THE PERSON SUBSTANTIALLY CONTRIBUTED TO  THE
PROSECUTION OF THE ACTION.
  S  4.  Section  406 of the insurance law, as amended by chapter 499 of
the laws of 2009, is amended to read as follows:
  S 406. Immunity. In the absence of fraud or bad faith, no person shall
be subject to civil liability, and no  civil  cause  of  action  of  any
nature shall arise against such person for any: (i) information relating
to  suspected  fraudulent  insurance  transactions  or  fraudulent  life
settlement acts furnished to law enforcement officials, their agents and
employees; (ii) information relating to suspected  fraudulent  insurance
transactions  or  fraudulent  life  settlement  acts  furnished to other
persons [subject to the provisions of  this  chapter];  and  (iii)  such
A. 4100--A                          3

information  furnished  in  reports  to THE ATTORNEY GENERAL, A DISTRICT
ATTORNEY, the insurance frauds bureau, its agents or  employees  or  any
state  agency  investigating  fraud  or  misconduct relating to workers'
compensation  insurance,  its  agents or employees. Nor shall the super-
intendent or any employee of the insurance frauds bureau, in the absence
of fraud or bad faith, be subject to civil liability and no civil  cause
of action of any nature shall arise against them by virtue of the publi-
cation  of  any report or bulletin related to the official activities of
the insurance  frauds  bureau.  Nothing  [herein]  IN  THIS  SECTION  is
intended  to  abrogate  or modify in any way any common law privilege of
immunity heretofore enjoyed by any person.
  S 5. Section 2133 of the insurance law, as amended by  chapter  77  of
the laws of 1994, is amended to read as follows:
  S  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, transfers or uses: (A) ANY DOCU-
MENT 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  identified  on  such
card, shall be liable for payment to the people of this state of a civil
penalty  in  a sum not exceeding one thousand dollars for the first such
violation and a sum not exceeding five thousand dollars for each  subse-
quent  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.
  S  6. The executive law is amended by adding a new section 231 to read
as follows:
  S 231. INSURANCE FRAUD REWARD PROGRAM; ESTABLISHMENT.  1.  THE  SUPER-
INTENDENT  SHALL ESTABLISH A STATEWIDE INSURANCE FRAUD REWARD PROGRAM TO
PAY REWARDS FOR INFORMATION LEADING TO  THE  ARREST  AND  CONVICTION  OF
PERSONS  GUILTY  OF A FRAUDULENT INSURANCE ACT AS DEFINED IN ARTICLE ONE
HUNDRED SEVENTY-SIX OF THE PENAL LAW.
  2. THE SUPERINTENDENT SHALL CAUSE TO BE ESTABLISHED A TOLL-FREE STATE-
WIDE TELEPHONE NUMBER AND INTERNET WEBSITE FOR USE IN COLLECTING  INFOR-
MATION TO ASSIST IN THE INVESTIGATION AND PROSECUTION OF INSURANCE FRAUD
CRIMES.
  3.  THE  SUPERINTENDENT  IS AUTHORIZED TO PROVIDE REWARDS OF UP TO ONE
THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF
INDIVIDUALS GUILTY OF A FRAUDULENT INSURANCE ACT AS DEFINED  IN  ARTICLE
ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW.
  4.  THE  SUPERINTENDENT IS AUTHORIZED TO PROVIDE REWARDS OF UP TO FIVE
THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF
INDIVIDUALS GUILTY OF A SPECIFIED OFFENSE IN ARTICLE ONE HUNDRED  SEVEN-
TY-SIX OF THE PENAL LAW.
  5.  NO  PERSON  WHO  RECEIVES  COMPENSATION  PURSUANT  TO SECTION FOUR
HUNDRED FIVE-A OF THE INSURANCE LAW  SHALL  BE  ELIGIBLE  FOR  A  REWARD
PURSUANT TO THIS SECTION.
A. 4100--A                          4

  6.  THE SUPERINTENDENT SHALL DISBURSE THE REWARDS PROVIDED FOR IN THIS
SECTION FROM THE MONEYS APPROPRIATED TO THE  DIVISION  OF  STATE  POLICE
FROM  THE STATE POLICE MOTOR VEHICLE LAW ENFORCEMENT ACCOUNT ESTABLISHED
BY SECTION NINETY-SEVEN-MM OF THE STATE FINANCE LAW, AS ADDED BY SECTION
THREE HUNDRED EIGHTY-SEVEN OF CHAPTER FIFTY-FIVE OF THE LAWS OF NINETEEN
HUNDRED NINETY-TWO.
  S  7. Paragraph (a) of subdivision 2 of section 846-m of the executive
law, as amended by section 6 of part T of chapter  57  of  the  laws  of
2000, is amended to read as follows:
  (a) The moneys received by the fund shall be expended in a manner that
is  consistent  with  the  plan of operation, pursuant to appropriation,
only to reimburse costs incurred by provider agencies for pilot  program
activities  relating  to the detection, prevention or reduction of motor
vehicle theft and motor vehicle insurance fraud; PROVIDED, HOWEVER, THAT
ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AT LEAST ONE-QUARTER OF
THE MONEYS RECEIVED BY  THE  FUND  SHALL  BE  DISBURSED  EXCLUSIVELY  TO
SUPPORT EFFORTS UNDERTAKEN BY DISTRICT ATTORNEYS TO DETECT, IDENTIFY AND
PROSECUTE FRAUD PERTAINING TO ARTICLE FIFTY-ONE OF THE INSURANCE LAW.
  S  8.  Subdivision  3  of  section  97-mm of the state finance law, as
amended by section 5 of part T of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  3.  Nine  million  one  hundred thousand dollars annually of the state
police motor vehicle law enforcement account, following appropriation by
the legislature and allocation by the director of the budget,  shall  be
made available for the state operation expenses of the division of state
police  including but not limited to the costs of activities relating to
the detection, prosecution or reduction of automobile theft and  related
purposes,  AND  THE  COSTS  OF THE INSURANCE FRAUD REWARD PROGRAM ESTAB-
LISHED PURSUANT TO SECTION TWO HUNDRED THIRTY-ONE OF THE EXECUTIVE  LAW.
All  other  funds  of  the  state  police  motor vehicle law enforcement
account, following appropriation by the legislature  and  allocation  by
the director of the budget, shall be made available for the state opera-
tion  expenses of the division of state police including but not limited
to the costs of activities relating to highway safety and public securi-
ty.
  S 9. Subdivision 4 of section 97-mm of the state finance law, as added
by section 8 of part T of chapter 57 of the laws of 2000, is amended  to
read as follows:
  4.  The  superintendent of state police, no later than March fifteenth
of each year, shall furnish to the governor, the speaker of the assembly
and the temporary president of  the  senate,  a  report  detailing  each
programmatic  component associated with the automobile theft AND AUTOMO-
BILE INSURANCE FRAUD prevention activities of the state police  for  the
previous year. The report shall include, but not be limited to, a break-
down  of the funds allocated to each programmatic component, including a
breakdown by personal and nonpersonal services and number of  employees,
and  the  number  of  arrests,  convictions, and vehicle recoveries. The
report shall also contain an analysis of  the  incidence  of  automobile
theft  AND AUTOMOBILE INSURANCE FRAUD for each of the state police troop
jurisdictions.
  S 10.  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
the  taking  or  administering  of  drugs  for  which  a prescription is
required by law[.]; OR
A. 4100--A                          5

  6. A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD,  AS
DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S 11. Section 170.15 of the penal law is amended to read as follows:
S 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.
  S 12. The penal law is amended by adding a new section 175.50 to  read
as follows:
S 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.
  S 13. Subdivision 1 of section 176.05 of the penal law, as amended  by
chapter  635  of  the laws of 1996 and as designated by chapter 2 of the
laws of 1998, is amended to read as follows:
  1. A fraudulent insurance act is committed by any person who, knowing-
ly and with intent to defraud  presents,  causes  to  be  presented,  or
prepares with knowledge  or belief that it will be presented to or by an
insurer,  self insurer, or purported insurer, or purported self insurer,
or any agent thereof, 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 insur-
ance, or a claim for payment or other benefit pursuant to  an  insurance
policy  or  self  insurance program for commercial or personal insurance
which he knows to: (i) contain materially false  information  concerning
any  fact material thereto; or (ii) conceal, for the purpose of mislead-
ing, information concerning any fact material thereto.
  S 14. 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 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 SUCH MOTOR VEHI-
CLE  IS INSURED BY A POLICY ISSUED UNDER THE LAWS OF ANOTHER STATE, WHEN
SUCH PERSON MAINTAINS HIS OR HER PRINCIPAL RESIDENCE IN  THIS  STATE  OR
A. 4100--A                          6

SUCH MOTOR VEHICLE IS PRINCIPALLY GARAGED IN THIS STATE, AND SUCH INSUR-
ANCE 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.
  S  15.  Paragraph  (c) of subdivision 4-b of section 1310 of the civil
practice law and rules, as added by chapter 655 of the laws of 1990,  is
amended and a new paragraph (d) is added to read as follows:
  (c)  a  conviction  of  a  person  for  a violation of section 220.09,
220.16, 220.34 or 220.39 of the penal law, or a conviction of a criminal
defendant for a violation of section 221.30 of the penal law,  or  where
the  accusatory  instrument  charges  any such felony, conviction upon a
plea of guilty to a felony for which the plea is otherwise authorized by
law, together with evidence which: (i) provides substantial indicia that
the defendant used the real property to engage in a  continual,  ongoing
course  of  conduct involving the unlawful mixing, compounding, manufac-
turing, warehousing, or packaging of controlled substances or where  the
conviction  is for a violation of section 221.30 of the penal law, mari-
juana, as part of an illegal trade or business for gain; and (ii) estab-
lishes, where the conviction is for possession of a controlled substance
or where the conviction is for a violation  of  section  221.30  of  the
penal  law,  marijuana, that such possession was with the intent to sell
it[.]; OR
  (D) A CONVICTION OF A PERSON OF ANY  FELONY  DEFINED  IN  ARTICLE  ONE
HUNDRED  SEVENTY-SIX OF THE PENAL LAW, OR OF AN ATTEMPT OR CONSPIRACY TO
COMMIT ANY SUCH FELONY, PROVIDED THAT SUCH ATTEMPT OR CONSPIRACY CONSTI-
TUTES A FELONY.
  S 16. Subdivision 3-a of section 1311 of the civil  practice  law  and
rules,  as  added by chapter 655 of the laws of 1990, is amended to read
as follows:
  3-a. Conviction of a person in a criminal action  upon  an  accusatory
instrument  which  includes  one  or  more  of the felonies specified in
subdivision four-b of section thirteen hundred ten of this  article,  of
any  felony other than such felonies, shall not preclude a defendant, in
any subsequent proceeding under this article where that conviction is at
issue, from adducing evidence that the conduct underlying the conviction
would not establish the elements of any of  the  felonies  specified  in
such subdivision other than the one to which the criminal defendant pled
guilty.  If the defendant does adduce such evidence, the burden shall be
upon the claiming authority to prove, by clear and convincing  evidence,
that  the conduct underlying the criminal conviction would establish the
elements of the felony specified in such subdivision. Nothing  contained
in  this  subdivision  shall  affect the validity of a settlement of any
forfeiture action negotiated between the claiming authority and a crimi-
nal defendant contemporaneously with the taking of a plea of guilty in a
criminal action to any felony defined in article ONE HUNDRED SEVENTY-SIX
OR two hundred twenty, or section 221.30 or 221.55 of the penal law,  or
to a felony conspiracy to commit the same.
  S  17. Paragraphs (a) and (b) of subdivision 11 of section 1311 of the
civil practice law and rules, as amended by section 47 of  part  A-1  of
chapter 56 of the laws of 2010, are amended to read as follows:
  (a)  Any  stipulation or settlement agreement between the parties to a
forfeiture action shall be filed with the clerk of the  court  in  which
the forfeiture action is pending. No stipulation or settlement agreement
shall  be  accepted  for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of  the  stipulation  or
A. 4100--A                          7

settlement agreement, including the terms of such, has been given to the
office  of  victim  services,  the  [state] division of criminal justice
services, and in the case of a forfeiture based on a felony  defined  in
article two hundred twenty or section 221.30 or 221.55 of the penal law,
to  the  [state  division]  OFFICE  of  ALCOHOLISM  AND  substance abuse
services. IN THE THE CASE OF A FORFEITURE BASED ON A FELONY  DEFINED  IN
ARTICLE ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW, SUCH NOTICE SHALL ALSO
BE GIVEN TO THE INSURANCE FRAUDS BUREAU OF THE INSURANCE DEPARTMENT.
  (b)  No  judgment  or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit  from  the  claiming  authority
that  written  notice of judgment or order, including the terms of such,
has been given to the office of victim services, the [state] division of
criminal justice services, and in the case of a forfeiture  based  on  a
felony defined in article two hundred twenty or section 221.30 or 221.55
of  the  penal  law,  to  the  [state division] OFFICE of ALCOHOLISM AND
substance abuse services. IN THE CASE OF A FORFEITURE BASED ON A  FELONY
DEFINED IN ARTICLE ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW, SUCH NOTICE
SHALL  ALSO  BE  GIVEN  TO  THE INSURANCE FRAUDS BUREAU OF THE INSURANCE
DEPARTMENT.
  S 18. Subdivision 4 of section 1349 of  the  civil  practice  law  and
rules, as amended by section 48 of part A-1 of chapter 56 of the laws of
2010, is amended to read as follows:
  4.  The  claiming  authority shall report the disposal of property and
collection of assets pursuant to this section to the  office  of  victim
services,  the  [state] division of criminal justice services [and], the
[state division] OFFICE of ALCOHOLISM AND substance abuse  services  AND
THE INSURANCE FRAUDS BUREAU OF THE INSURANCE DEPARTMENT.
  S  19.  The vehicle and traffic law is amended by adding a new section
201-a to read as follows:
  S 201-A.  ACCESS  TO  INFORMATION.  THE  DEPARTMENT  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 OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  S 20. 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
A. 4100--A                          8

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-
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.
  S  21. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, ADDRESS OF HIS OR HER RESIDENCE and fitness as may be  required
by the commissioner. WHEN PROVIDING HIS OR HER ADDRESS OF RESIDENCE, THE
APPLICANT  SHALL  PROVIDE THE STREET ADDRESS AT WHICH HE OR SHE RESIDES.
EACH APPLICANT SHALL SIGN HIS OR HER APPLICATION ATTESTING TO THE  TRUTH
AND  VERACITY  OF  THE  FACTS  STATED THEREIN. The commissioner may also
provide that the application procedure shall include  the  taking  of  a
photo  image  or  images  of  the applicant in accordance with rules and
regulations prescribed by the commissioner. In addition, the commission-
er also shall require that the applicant provide his or her social secu-
rity number and provide space on the application so that  the  applicant
may register in the New York state organ and tissue donor registry under
section  forty-three  hundred ten of the public health law. In addition,
an applicant for a  commercial  driver's  license  who  will  operate  a
commercial  motor vehicle in interstate commerce shall certify that such
applicant meets the requirements to operate a commercial motor  vehicle,
A. 4100--A                          9

as  set  forth in public law 99-570, title XII, and title 49 of the code
of federal regulations, and all regulations promulgated  by  the  United
States  secretary of transportation under the hazardous materials trans-
portation  act.  Upon  a  determination  that the holder of a commercial
driver's license has made any  false  statement,  with  respect  to  the
application  for  such  license,  the  commissioner  shall  revoke  such
license.
  S 22. Temporary task force on motor vehicle insurance fraud.  (a)  The
superintendent of insurance and the commissioner of motor vehicles shall
convene a temporary task force on motor vehicle insurance fraud to exam-
ine  the  feasibility and cost-effectiveness of developing methodologies
to identify owners and operators of motor vehicles who misrepresent  the
principal  place  of  their  residence or where their motor vehicles are
garaged and operated. Such task force shall develop a plan on the feasi-
bility of implementing a statewide registry of the street  addresses  of
the  owners  and  operators  of motor vehicles in this state. The report
issued by this task force shall:
  (1) investigate the  feasibility  of  developing  and  implementing  a
statewide  registry  of the addresses of motor vehicle owners and opera-
tors;
  (2) detail the costs of establishing such a registry;
  (3) identify the parameters for entering and retrieving data from such
registry; and
  (4) evaluate the value of establishing such  registry  in  identifying
motor vehicle owners and operators who misrepresent their place of resi-
dence or where their vehicle is garaged and operated.
  (b)  The task force shall consist of 13 members. The superintendent of
insurance and the commissioner of motor vehicles,  or  their  designees,
shall  be  members  of  the task force and shall be the co-chairs of the
task force. A representative of the New York Automobile  Insurance  Plan
shall  be  a  member of the task force. The remaining ten members of the
task force shall be appointed as follows: four shall be appointed by the
governor, two shall be appointed  by  the  temporary  president  of  the
senate, two shall be appointed by the speaker of the assembly, one shall
be  appointed  by  the  minority  leader of the senate, and one shall be
appointed by the minority leader of the assembly. Of such  ten  members:
three  shall be representatives of insurers actively writing motor vehi-
cle insurance in this state,  three  shall  be  representatives  of  the
insurance  agent  and  broker  community  actively selling motor vehicle
insurance in this state, two shall be representatives of  companies  the
business of which involves collecting, dispersing and synthesizing data,
and  two  shall be representatives of the motor vehicle insurance buying
public.
  (c) The task force shall submit a  report  to  the  governor  and  the
legislature  of  its  findings,  conclusions  and recommendations within
fifteen months of the effective date of this section.
  S 23. This act shall take effect on the sixtieth day  after  it  shall
have  become  a  law, provided that section twenty-two of this act shall
expire and be deemed repealed eighteen months after the  effective  date
of this act.