S T A T E O F N E W Y O R K ________________________________________________________________________ 4100--A 2011-2012 Regular Sessions I N A S S E M B L Y 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: 1 Section 1. Section 401 of the insurance law is amended by adding a new 2 subsection (e) to read as follows: 3 (E) THE SUPERINTENDENT SHALL HAVE BROAD AUTHORITY PURSUANT TO THIS 4 CHAPTER TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO MOTOR VEHI- 5 CLE DRIVERS THAT OPERATE AUTOMOBILES WITH NO INSURANCE COVERAGE, AND 6 MOTOR VEHICLE INSUREDS WHO MISREPRESENT THE PRINCIPAL PLACE WHERE 7 INSURED MOTOR VEHICLES ARE GARAGED AND OPERATED. OPERATING MOTOR VEHI- 8 CLES WITHOUT PROPER INSURANCE IN VIOLATION OF ARTICLE SIX OF THE VEHICLE 9 AND TRAFFIC LAW IS A SIGNIFICANT DANGER TO THE PUBLIC BECAUSE DRIVERS 10 ARE UNABLE TO COMPENSATE INDIVIDUALS FOR PERSONAL INJURIES, DEATH AND 11 PROPERTY DAMAGE THEY INFLICT UPON OTHERS. FURTHERMORE, MOTOR VEHICLE 12 INSUREDS WHO MISREPRESENT THE PRINCIPAL PLACE WHERE SUCH VEHICLES ARE 13 GARAGED AND OPERATED IMPROPERLY SHIFT THEIR HIGH LIABILITY EXPOSURE 14 COSTS TO OTHER MOTOR VEHICLE INSUREDS THAT DO NOT FACE SUCH HIGH LIABIL- 15 ITY RISK AND INSURANCE PREMIUM COSTS. 16 S 2. Subsection (a) of section 405 of the insurance law, as amended by 17 chapter 499 of the laws of 2009, is amended to read as follows: 18 (a) Any person licensed or registered pursuant to the provisions of 19 this chapter, and any person engaged in the business of insurance or 20 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 1 licensing requirements of this chapter, including the state insurance 2 fund of this state, who has reason to believe that an insurance trans- 3 action or life settlement act may be fraudulent, or has knowledge that a 4 fraudulent insurance transaction or fraudulent life settlement act is 5 about to take place, or has taken place shall, within thirty days after 6 determination by such person that the transaction appears to be fraudu- 7 lent, send to the insurance frauds bureau on a form prescribed by the 8 superintendent, the information requested by the form and such addi- 9 tional information relative to the factual circumstances of the trans- 10 action and the parties involved as the superintendent may require. The 11 insurance frauds bureau shall accept reports of suspected fraudulent 12 insurance transactions or fraudulent life settlement acts from any self 13 insurer, including but not limited to self insurers providing health 14 insurance coverage or those defined in section fifty of the workers' 15 compensation law, and shall treat such reports as any other received 16 pursuant to this section. THE INSURANCE FRAUDS BUREAU SHALL ACCEPT 17 REPORTS OF SUSPECTED FRAUDULENT INSURANCE TRANSACTIONS FROM ANY SELF 18 INSURER INCLUDING, BUT NOT LIMITED TO, SELF INSURERS PROVIDING HEALTH 19 INSURANCE COVERAGE, THOSE PROVIDING MOTOR VEHICLE LIABILITY INSURANCE OR 20 THOSE DEFINED IN SECTION FIFTY OF THE WORKERS' COMPENSATION LAW, AND 21 SHALL TREAT SUCH REPORTS AS ANY OTHER RECEIVED PURSUANT TO THIS SECTION. 22 S 3. The insurance law is amended by adding a new section 405-a to 23 read as follows: 24 S 405-A. COMPENSATION FOR REPORT OF INSURANCE FRAUD TO LAW ENFORCE- 25 MENT AUTHORITIES. (A) ANY PERSON, OTHER THAN PERSONS DESCRIBED IN 26 SUBSECTION (A) OF SECTION FOUR HUNDRED FIVE OF THIS ARTICLE AND OTHER 27 THAN A PERSON WHO HAS RECEIVED AN AWARD PURSUANT TO SECTION TWO HUNDRED 28 THIRTY-ONE OF THE EXECUTIVE LAW, WHO HAS REASON TO BELIEVE THAT A FRAU- 29 DULENT INSURANCE ACT PROHIBITED PURSUANT TO ARTICLE ONE HUNDRED SEVEN- 30 TY-SIX OF THE PENAL LAW HAS BEEN COMMITTED OR THAT AN INSURANCE TRANS- 31 ACTION MAY BE FRAUDULENT, OR HAS KNOWLEDGE THAT A FRAUDULENT INSURANCE 32 TRANSACTION IS ABOUT TO TAKE PLACE, OR HAS TAKEN PLACE MAY REPORT SUCH 33 ACT OR TRANSACTION AND ANY ADDITIONAL INFORMATION RELATIVE TO THE FACTU- 34 AL CIRCUMSTANCES OF THE TRANSACTION AND THE PARTIES INVOLVED TO THE 35 ATTORNEY GENERAL, DISTRICT ATTORNEY OR INSURANCE FRAUDS BUREAU. 36 (B) IF THE INSURANCE FRAUDS BUREAU RECOMMENDS TO THE ATTORNEY GENERAL 37 OR DISTRICT ATTORNEY TO COMMENCE AN ACTION, OR IF THE ATTORNEY GENERAL 38 OR DISTRICT ATTORNEY COMMENCES AN ACTION BASED ON INFORMATION PROVIDED 39 BY A PERSON PURSUANT TO SUBSECTION (A) OF THIS SECTION, THEN SUCH PERSON 40 SHALL BE ENTITLED TO RECEIVE AN AWARD OF NOT MORE THAN FIFTEEN PERCENT 41 OF THE PROCEEDS OF THE ACTION OR A SETTLEMENT OF THE CLAIM IN AN AMOUNT 42 NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS. THE ATTORNEY GENERAL OR 43 DISTRICT ATTORNEY SHALL RECOMMEND TO THE COURT WHEN A SETTLEMENT IS 44 ENTERED THE AMOUNT OF SUCH AWARD. THE COURT SHALL BASE SUCH AWARD DECI- 45 SION ON THE EXTENT TO WHICH THE PERSON SUBSTANTIALLY CONTRIBUTED TO THE 46 PROSECUTION OF THE ACTION. 47 S 4. Section 406 of the insurance law, as amended by chapter 499 of 48 the laws of 2009, is amended to read as follows: 49 S 406. Immunity. In the absence of fraud or bad faith, no person shall 50 be subject to civil liability, and no civil cause of action of any 51 nature shall arise against such person for any: (i) information relating 52 to suspected fraudulent insurance transactions or fraudulent life 53 settlement acts furnished to law enforcement officials, their agents and 54 employees; (ii) information relating to suspected fraudulent insurance 55 transactions or fraudulent life settlement acts furnished to other 56 persons [subject to the provisions of this chapter]; and (iii) such A. 4100--A 3 1 information furnished in reports to THE ATTORNEY GENERAL, A DISTRICT 2 ATTORNEY, the insurance frauds bureau, its agents or employees or any 3 state agency investigating fraud or misconduct relating to workers' 4 compensation insurance, its agents or employees. Nor shall the super- 5 intendent or any employee of the insurance frauds bureau, in the absence 6 of fraud or bad faith, be subject to civil liability and no civil cause 7 of action of any nature shall arise against them by virtue of the publi- 8 cation of any report or bulletin related to the official activities of 9 the insurance frauds bureau. Nothing [herein] IN THIS SECTION is 10 intended to abrogate or modify in any way any common law privilege of 11 immunity heretofore enjoyed by any person. 12 S 5. Section 2133 of the insurance law, as amended by chapter 77 of 13 the laws of 1994, is amended to read as follows: 14 S 2133. [Forged] FALSE INSURANCE DOCUMENTS AND FORGED insurance iden- 15 tification cards. Any insurance company, insurance agent, insurance 16 broker or other person who or which, personally or by the action of an 17 employee or agent, KNOWINGLY possesses, transfers or uses: (A) ANY DOCU- 18 MENT WHICH PURPORTS TO EVINCE INSURANCE COVERAGE WHEN SUCH COVERAGE IS 19 NOT IN EFFECT OR IS IN EFFECT AT LIMITS LESS THAN THOSE STATED IN THE 20 DOCUMENT; OR (B) a forged insurance identification card for a motor 21 vehicle, having knowledge, personally or through such employee or agent, 22 of the fact that such insurance identification card, when issued, did 23 not actually represent an owner's policy of liability insurance or a 24 financial security bond issued by an insurance company licensed to do 25 business in this state covering the motor vehicle identified on such 26 card, shall be liable for payment to the people of this state of a civil 27 penalty in a sum not exceeding one thousand dollars for the first such 28 violation and a sum not exceeding five thousand dollars for each subse- 29 quent violation. For the purposes of this section the term "forged 30 insurance identification card" means a written insurance identification 31 card which has been falsely made, completed or altered, and the term 32 "falsely made, completed or altered" shall have the same meaning as set 33 forth in section 170.00 of the penal law. 34 S 6. The executive law is amended by adding a new section 231 to read 35 as follows: 36 S 231. INSURANCE FRAUD REWARD PROGRAM; ESTABLISHMENT. 1. THE SUPER- 37 INTENDENT SHALL ESTABLISH A STATEWIDE INSURANCE FRAUD REWARD PROGRAM TO 38 PAY REWARDS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF 39 PERSONS GUILTY OF A FRAUDULENT INSURANCE ACT AS DEFINED IN ARTICLE ONE 40 HUNDRED SEVENTY-SIX OF THE PENAL LAW. 41 2. THE SUPERINTENDENT SHALL CAUSE TO BE ESTABLISHED A TOLL-FREE STATE- 42 WIDE TELEPHONE NUMBER AND INTERNET WEBSITE FOR USE IN COLLECTING INFOR- 43 MATION TO ASSIST IN THE INVESTIGATION AND PROSECUTION OF INSURANCE FRAUD 44 CRIMES. 45 3. THE SUPERINTENDENT IS AUTHORIZED TO PROVIDE REWARDS OF UP TO ONE 46 THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF 47 INDIVIDUALS GUILTY OF A FRAUDULENT INSURANCE ACT AS DEFINED IN ARTICLE 48 ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW. 49 4. THE SUPERINTENDENT IS AUTHORIZED TO PROVIDE REWARDS OF UP TO FIVE 50 THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF 51 INDIVIDUALS GUILTY OF A SPECIFIED OFFENSE IN ARTICLE ONE HUNDRED SEVEN- 52 TY-SIX OF THE PENAL LAW. 53 5. NO PERSON WHO RECEIVES COMPENSATION PURSUANT TO SECTION FOUR 54 HUNDRED FIVE-A OF THE INSURANCE LAW SHALL BE ELIGIBLE FOR A REWARD 55 PURSUANT TO THIS SECTION. A. 4100--A 4 1 6. THE SUPERINTENDENT SHALL DISBURSE THE REWARDS PROVIDED FOR IN THIS 2 SECTION FROM THE MONEYS APPROPRIATED TO THE DIVISION OF STATE POLICE 3 FROM THE STATE POLICE MOTOR VEHICLE LAW ENFORCEMENT ACCOUNT ESTABLISHED 4 BY SECTION NINETY-SEVEN-MM OF THE STATE FINANCE LAW, AS ADDED BY SECTION 5 THREE HUNDRED EIGHTY-SEVEN OF CHAPTER FIFTY-FIVE OF THE LAWS OF NINETEEN 6 HUNDRED NINETY-TWO. 7 S 7. Paragraph (a) of subdivision 2 of section 846-m of the executive 8 law, as amended by section 6 of part T of chapter 57 of the laws of 9 2000, is amended to read as follows: 10 (a) The moneys received by the fund shall be expended in a manner that 11 is consistent with the plan of operation, pursuant to appropriation, 12 only to reimburse costs incurred by provider agencies for pilot program 13 activities relating to the detection, prevention or reduction of motor 14 vehicle theft and motor vehicle insurance fraud; PROVIDED, HOWEVER, THAT 15 ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AT LEAST ONE-QUARTER OF 16 THE MONEYS RECEIVED BY THE FUND SHALL BE DISBURSED EXCLUSIVELY TO 17 SUPPORT EFFORTS UNDERTAKEN BY DISTRICT ATTORNEYS TO DETECT, IDENTIFY AND 18 PROSECUTE FRAUD PERTAINING TO ARTICLE FIFTY-ONE OF THE INSURANCE LAW. 19 S 8. Subdivision 3 of section 97-mm of the state finance law, as 20 amended by section 5 of part T of chapter 56 of the laws of 2009, is 21 amended to read as follows: 22 3. Nine million one hundred thousand dollars annually of the state 23 police motor vehicle law enforcement account, following appropriation by 24 the legislature and allocation by the director of the budget, shall be 25 made available for the state operation expenses of the division of state 26 police including but not limited to the costs of activities relating to 27 the detection, prosecution or reduction of automobile theft and related 28 purposes, AND THE COSTS OF THE INSURANCE FRAUD REWARD PROGRAM ESTAB- 29 LISHED PURSUANT TO SECTION TWO HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW. 30 All other funds of the state police motor vehicle law enforcement 31 account, following appropriation by the legislature and allocation by 32 the director of the budget, shall be made available for the state opera- 33 tion expenses of the division of state police including but not limited 34 to the costs of activities relating to highway safety and public securi- 35 ty. 36 S 9. Subdivision 4 of section 97-mm of the state finance law, as added 37 by section 8 of part T of chapter 57 of the laws of 2000, is amended to 38 read as follows: 39 4. The superintendent of state police, no later than March fifteenth 40 of each year, shall furnish to the governor, the speaker of the assembly 41 and the temporary president of the senate, a report detailing each 42 programmatic component associated with the automobile theft AND AUTOMO- 43 BILE INSURANCE FRAUD prevention activities of the state police for the 44 previous year. The report shall include, but not be limited to, a break- 45 down of the funds allocated to each programmatic component, including a 46 breakdown by personal and nonpersonal services and number of employees, 47 and the number of arrests, convictions, and vehicle recoveries. The 48 report shall also contain an analysis of the incidence of automobile 49 theft AND AUTOMOBILE INSURANCE FRAUD for each of the state police troop 50 jurisdictions. 51 S 10. Subdivision 5 of section 170.10 of the penal law is amended and 52 a new subdivision 6 is added to read as follows: 53 5. A prescription of a duly licensed physician or other person author- 54 ized to issue the same for any drug or any instrument or device used in 55 the taking or administering of drugs for which a prescription is 56 required by law[.]; OR A. 4100--A 5 1 6. A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD, AS 2 DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW. 3 S 11. Section 170.15 of the penal law is amended to read as follows: 4 S 170.15 Forgery in the first degree. 5 A person is guilty of forgery in the first degree when, with intent to 6 defraud, deceive or injure another, he OR SHE falsely makes, completes 7 or alters [a]: 8 1. TEN OR MORE WRITTEN INSTRUMENTS; OR 9 2. A written instrument which is or purports to be, or which is calcu- 10 lated to become or to represent if completed: 11 [1.] (A) Part of an issue of money, stamps, securities or other valu- 12 able instruments issued by a government or governmental instrumentality; 13 or 14 [2.] (B) Part of an issue of stock, bonds or other instruments repres- 15 enting interests in or claims against a corporate or other organization 16 or its property. 17 Forgery in the first degree is a class C felony. 18 S 12. The penal law is amended by adding a new section 175.50 to read 19 as follows: 20 S 175.50 OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE INSURANCE OR 21 REGISTRATION. 22 A PERSON IS GUILTY OF OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE 23 INSURANCE OR REGISTRATION WHEN KNOWING THAT ANY DOCUMENT HE OR SHE FILES 24 WITH THE DEPARTMENT OF MOTOR VEHICLES OR AN INSURER PROVIDING LIABILITY 25 INSURANCE FOR A MOTOR VEHICLE CONTAINS A FALSE STATEMENT OR FALSE INFOR- 26 MATION WITH REGARD TO WHERE HE OR SHE RESIDES OR WHERE HIS OR HER MOTOR 27 VEHICLE IS GARAGED AND OPERATED. 28 OFFERING A FALSE APPLICATION FOR MOTOR VEHICLE INSURANCE OR REGISTRA- 29 TION IS A CLASS E FELONY. 30 S 13. Subdivision 1 of section 176.05 of the penal law, as amended by 31 chapter 635 of the laws of 1996 and as designated by chapter 2 of the 32 laws of 1998, is amended to read as follows: 33 1. A fraudulent insurance act is committed by any person who, knowing- 34 ly and with intent to defraud presents, causes to be presented, or 35 prepares with knowledge or belief that it will be presented to or by an 36 insurer, self insurer, or purported insurer, or purported self insurer, 37 or any agent thereof, any written statement as part of, or in support 38 of, an application for the issuance of, or the rating of a commercial 39 insurance policy, or certificate or evidence of self insurance for 40 commercial OR PERSONAL insurance or commercial OR PERSONAL self insur- 41 ance, or a claim for payment or other benefit pursuant to an insurance 42 policy or self insurance program for commercial or personal insurance 43 which he knows to: (i) contain materially false information concerning 44 any fact material thereto; or (ii) conceal, for the purpose of mislead- 45 ing, information concerning any fact material thereto. 46 S 14. Section 176.15 of the penal law, as amended by chapter 515 of 47 the laws of 1986, is amended to read as follows: 48 S 176.15 Insurance fraud in the fourth degree. 49 A person is guilty of insurance fraud in the fourth degree when he 50 [commits] OR SHE: 51 1. COMMITS a fraudulent insurance act and thereby wrongfully takes, 52 obtains or withholds, or attempts to wrongfully take, obtain or withhold 53 property with a value in excess of one thousand dollars; OR 54 2. OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY, WHEN SUCH MOTOR VEHI- 55 CLE IS INSURED BY A POLICY ISSUED UNDER THE LAWS OF ANOTHER STATE, WHEN 56 SUCH PERSON MAINTAINS HIS OR HER PRINCIPAL RESIDENCE IN THIS STATE OR A. 4100--A 6 1 SUCH MOTOR VEHICLE IS PRINCIPALLY GARAGED IN THIS STATE, AND SUCH INSUR- 2 ANCE POLICY WAS ISSUED UPON ANY WRITTEN OR ORAL STATEMENT BY SUCH PERSON 3 THAT HE OR SHE PRINCIPALLY RESIDES IN SUCH OTHER STATE OR THAT SUCH 4 MOTOR VEHICLE IS PRINCIPALLY GARAGED IN SUCH OTHER STATE. 5 Insurance fraud in the fourth degree is a class E felony. 6 S 15. Paragraph (c) of subdivision 4-b of section 1310 of the civil 7 practice law and rules, as added by chapter 655 of the laws of 1990, is 8 amended and a new paragraph (d) is added to read as follows: 9 (c) a conviction of a person for a violation of section 220.09, 10 220.16, 220.34 or 220.39 of the penal law, or a conviction of a criminal 11 defendant for a violation of section 221.30 of the penal law, or where 12 the accusatory instrument charges any such felony, conviction upon a 13 plea of guilty to a felony for which the plea is otherwise authorized by 14 law, together with evidence which: (i) provides substantial indicia that 15 the defendant used the real property to engage in a continual, ongoing 16 course of conduct involving the unlawful mixing, compounding, manufac- 17 turing, warehousing, or packaging of controlled substances or where the 18 conviction is for a violation of section 221.30 of the penal law, mari- 19 juana, as part of an illegal trade or business for gain; and (ii) estab- 20 lishes, where the conviction is for possession of a controlled substance 21 or where the conviction is for a violation of section 221.30 of the 22 penal law, marijuana, that such possession was with the intent to sell 23 it[.]; OR 24 (D) A CONVICTION OF A PERSON OF ANY FELONY DEFINED IN ARTICLE ONE 25 HUNDRED SEVENTY-SIX OF THE PENAL LAW, OR OF AN ATTEMPT OR CONSPIRACY TO 26 COMMIT ANY SUCH FELONY, PROVIDED THAT SUCH ATTEMPT OR CONSPIRACY CONSTI- 27 TUTES A FELONY. 28 S 16. Subdivision 3-a of section 1311 of the civil practice law and 29 rules, as added by chapter 655 of the laws of 1990, is amended to read 30 as follows: 31 3-a. Conviction of a person in a criminal action upon an accusatory 32 instrument which includes one or more of the felonies specified in 33 subdivision four-b of section thirteen hundred ten of this article, of 34 any felony other than such felonies, shall not preclude a defendant, in 35 any subsequent proceeding under this article where that conviction is at 36 issue, from adducing evidence that the conduct underlying the conviction 37 would not establish the elements of any of the felonies specified in 38 such subdivision other than the one to which the criminal defendant pled 39 guilty. If the defendant does adduce such evidence, the burden shall be 40 upon the claiming authority to prove, by clear and convincing evidence, 41 that the conduct underlying the criminal conviction would establish the 42 elements of the felony specified in such subdivision. Nothing contained 43 in this subdivision shall affect the validity of a settlement of any 44 forfeiture action negotiated between the claiming authority and a crimi- 45 nal defendant contemporaneously with the taking of a plea of guilty in a 46 criminal action to any felony defined in article ONE HUNDRED SEVENTY-SIX 47 OR two hundred twenty, or section 221.30 or 221.55 of the penal law, or 48 to a felony conspiracy to commit the same. 49 S 17. Paragraphs (a) and (b) of subdivision 11 of section 1311 of the 50 civil practice law and rules, as amended by section 47 of part A-1 of 51 chapter 56 of the laws of 2010, are amended to read as follows: 52 (a) Any stipulation or settlement agreement between the parties to a 53 forfeiture action shall be filed with the clerk of the court in which 54 the forfeiture action is pending. No stipulation or settlement agreement 55 shall be accepted for filing unless it is accompanied by an affidavit 56 from the claiming authority that written notice of the stipulation or A. 4100--A 7 1 settlement agreement, including the terms of such, has been given to the 2 office of victim services, the [state] division of criminal justice 3 services, and in the case of a forfeiture based on a felony defined in 4 article two hundred twenty or section 221.30 or 221.55 of the penal law, 5 to the [state division] OFFICE of ALCOHOLISM AND substance abuse 6 services. IN THE THE CASE OF A FORFEITURE BASED ON A FELONY DEFINED IN 7 ARTICLE ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW, SUCH NOTICE SHALL ALSO 8 BE GIVEN TO THE INSURANCE FRAUDS BUREAU OF THE INSURANCE DEPARTMENT. 9 (b) No judgment or order of forfeiture shall be accepted for filing 10 unless it is accompanied by an affidavit from the claiming authority 11 that written notice of judgment or order, including the terms of such, 12 has been given to the office of victim services, the [state] division of 13 criminal justice services, and in the case of a forfeiture based on a 14 felony defined in article two hundred twenty or section 221.30 or 221.55 15 of the penal law, to the [state division] OFFICE of ALCOHOLISM AND 16 substance abuse services. IN THE CASE OF A FORFEITURE BASED ON A FELONY 17 DEFINED IN ARTICLE ONE HUNDRED SEVENTY-SIX OF THE PENAL LAW, SUCH NOTICE 18 SHALL ALSO BE GIVEN TO THE INSURANCE FRAUDS BUREAU OF THE INSURANCE 19 DEPARTMENT. 20 S 18. Subdivision 4 of section 1349 of the civil practice law and 21 rules, as amended by section 48 of part A-1 of chapter 56 of the laws of 22 2010, is amended to read as follows: 23 4. The claiming authority shall report the disposal of property and 24 collection of assets pursuant to this section to the office of victim 25 services, the [state] division of criminal justice services [and], the 26 [state division] OFFICE of ALCOHOLISM AND substance abuse services AND 27 THE INSURANCE FRAUDS BUREAU OF THE INSURANCE DEPARTMENT. 28 S 19. The vehicle and traffic law is amended by adding a new section 29 201-a to read as follows: 30 S 201-A. ACCESS TO INFORMATION. THE DEPARTMENT SHALL ALLOW LAW 31 ENFORCEMENT PERSONNEL ACCESS TO ANY INDIVIDUAL'S STREET ADDRESS PROVIDED 32 PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION FOUR HUNDRED ONE 33 AND SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER. 34 S 20. Paragraph b of subdivision 1 of section 401 of the vehicle and 35 traffic law, as amended by chapter 222 of the laws of 1996, is amended 36 to read as follows: 37 b. Every owner of a motor vehicle which shall be operated or driven 38 upon the public highways of this state shall, except as otherwise 39 expressly provided, cause to be presented, by mail or otherwise, to the 40 office or a branch office of the commissioner, or to any agent of the 41 commissioner, constituted as provided in this chapter, an application 42 for registration addressed to the commissioner, and on a blank to be 43 prepared under the direction of and furnished by the commissioner for 44 that purpose, containing: (a) a brief description of the motor vehicle 45 to be registered, including the name and factory number of such vehicle, 46 and such other facts as the commissioner shall require; (b) the weight 47 of the vehicle upon which the registration fee is based if the fee is 48 based on weight; (c) the name and residence, including county of the 49 owner of such motor vehicle, PROVIDED THAT IF THE APPLICANT USES A POST 50 OFFICE BOX WHEN PROVIDING A RESIDENCE ADDRESS, SUCH APPLICANT SHALL ALSO 51 PROVIDE THE STREET ADDRESS AT WHICH HE OR SHE RESIDES; (d) provided 52 that, if such motor vehicle is used or to be used as an omnibus, the 53 applicant also shall so certify, and in the case of an omnibus also 54 certify as to the seating capacity, and if the omnibus is to be operated 55 wholly within a municipality pursuant to a franchise other than a fran- 56 chise express or implied in articles of incorporation upon certain A. 4100--A 8 1 streets designated in such franchise, those facts shall also be certi- 2 fied, and a certified copy of such franchise furnished to the commis- 3 sioner; (e) provided, that, if such motor vehicle is an altered livery, 4 the applicant shall so furnish a certified copy of the length of the 5 center panel of such vehicle, provided, however, that the commissioner 6 shall require such proof, as he OR SHE may determine is necessary, in 7 the application for registration and provided further, if the center 8 panel of such vehicle exceeds one hundred inches, the commissioner shall 9 require proof that such vehicle is in compliance with all applicable 10 federal and state motor vehicle safety standards; and (f) such addi- 11 tional facts or evidence as the commissioner may require in connection 12 with the application for registration. Every owner of a trailer shall 13 also make application for the registration thereof in the manner herein 14 provided for an application to register a motor vehicle, but shall 15 contain a statement showing the manufacturer's number or other identifi- 16 cation satisfactory to the commissioner and no number plate for a trail- 17 er issued under the provisions of subdivision three of section four 18 hundred two of this [chapter] ARTICLE shall be transferred to or used 19 upon any other trailer than the one for which number plate is issued. 20 The commissioner shall require proof, in the application for registra- 21 tion, or otherwise, as such commissioner may determine, that the motor 22 vehicle for which registration is applied for is equipped with lights 23 conforming in all respects to the requirements of this chapter, and no 24 motor vehicle shall be registered unless it shall appear by such proofs 25 that such motor vehicle is equipped with proper lights as aforesaid. The 26 said application shall contain or be accompanied by such evidence of the 27 ownership of the motor vehicle described in the application as may be 28 required by the commissioner or his OR HER agent and which, with respect 29 to new vehicles, shall include, unless otherwise specifically provided 30 by the commissioner, the manufacturer's statement of origin. Applica- 31 tions received by an agent of the commissioner shall be forwarded to the 32 commissioner as he OR SHE shall direct for filing. No application for 33 registration shall be accepted unless the applicant is at least sixteen 34 years of age AND HAS SIGNED SUCH APPLICATION ATTESTING TO THE TRUTH AND 35 VERACITY OF THE FACTS STATED THEREIN. 36 S 21. Subdivision 1 of section 502 of the vehicle and traffic law, as 37 amended by chapter 639 of the laws of 2006, is amended to read as 38 follows: 39 1. Application for license. Application for a driver's license shall 40 be made to the commissioner. The fee prescribed by law may be submitted 41 with such application. The applicant shall furnish such proof of identi- 42 ty, age, ADDRESS OF HIS OR HER RESIDENCE and fitness as may be required 43 by the commissioner. WHEN PROVIDING HIS OR HER ADDRESS OF RESIDENCE, THE 44 APPLICANT SHALL PROVIDE THE STREET ADDRESS AT WHICH HE OR SHE RESIDES. 45 EACH APPLICANT SHALL SIGN HIS OR HER APPLICATION ATTESTING TO THE TRUTH 46 AND VERACITY OF THE FACTS STATED THEREIN. The commissioner may also 47 provide that the application procedure shall include the taking of a 48 photo image or images of the applicant in accordance with rules and 49 regulations prescribed by the commissioner. In addition, the commission- 50 er also shall require that the applicant provide his or her social secu- 51 rity number and provide space on the application so that the applicant 52 may register in the New York state organ and tissue donor registry under 53 section forty-three hundred ten of the public health law. In addition, 54 an applicant for a commercial driver's license who will operate a 55 commercial motor vehicle in interstate commerce shall certify that such 56 applicant meets the requirements to operate a commercial motor vehicle, A. 4100--A 9 1 as set forth in public law 99-570, title XII, and title 49 of the code 2 of federal regulations, and all regulations promulgated by the United 3 States secretary of transportation under the hazardous materials trans- 4 portation act. Upon a determination that the holder of a commercial 5 driver's license has made any false statement, with respect to the 6 application for such license, the commissioner shall revoke such 7 license. 8 S 22. Temporary task force on motor vehicle insurance fraud. (a) The 9 superintendent of insurance and the commissioner of motor vehicles shall 10 convene a temporary task force on motor vehicle insurance fraud to exam- 11 ine the feasibility and cost-effectiveness of developing methodologies 12 to identify owners and operators of motor vehicles who misrepresent the 13 principal place of their residence or where their motor vehicles are 14 garaged and operated. Such task force shall develop a plan on the feasi- 15 bility of implementing a statewide registry of the street addresses of 16 the owners and operators of motor vehicles in this state. The report 17 issued by this task force shall: 18 (1) investigate the feasibility of developing and implementing a 19 statewide registry of the addresses of motor vehicle owners and opera- 20 tors; 21 (2) detail the costs of establishing such a registry; 22 (3) identify the parameters for entering and retrieving data from such 23 registry; and 24 (4) evaluate the value of establishing such registry in identifying 25 motor vehicle owners and operators who misrepresent their place of resi- 26 dence or where their vehicle is garaged and operated. 27 (b) The task force shall consist of 13 members. The superintendent of 28 insurance and the commissioner of motor vehicles, or their designees, 29 shall be members of the task force and shall be the co-chairs of the 30 task force. A representative of the New York Automobile Insurance Plan 31 shall be a member of the task force. The remaining ten members of the 32 task force shall be appointed as follows: four shall be appointed by the 33 governor, two shall be appointed by the temporary president of the 34 senate, two shall be appointed by the speaker of the assembly, one shall 35 be appointed by the minority leader of the senate, and one shall be 36 appointed by the minority leader of the assembly. Of such ten members: 37 three shall be representatives of insurers actively writing motor vehi- 38 cle insurance in this state, three shall be representatives of the 39 insurance agent and broker community actively selling motor vehicle 40 insurance in this state, two shall be representatives of companies the 41 business of which involves collecting, dispersing and synthesizing data, 42 and two shall be representatives of the motor vehicle insurance buying 43 public. 44 (c) The task force shall submit a report to the governor and the 45 legislature of its findings, conclusions and recommendations within 46 fifteen months of the effective date of this section. 47 S 23. This act shall take effect on the sixtieth day after it shall 48 have become a law, provided that section twenty-two of this act shall 49 expire and be deemed repealed eighteen months after the effective date 50 of this act.