S T A T E   O F   N E W   Y O R K
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                                  2698

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  the  production  of proof of insurance by the use of electronic trans-
  mission to portable electronic devices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (b) of subdivision 1 of section 312 of the vehi-
cle and traffic law, as amended by chapter 557 of the laws of  1994,  is
amended to read as follows:
  (b) (1) The owner of such motor vehicle shall maintain proof of finan-
cial  security  continuously  throughout the registration period and his
failure to produce proof of financial security when requested to  do  so
upon  demand  of  a  magistrate, motor vehicle inspector, peace officer,
acting pursuant to his special duties, or  police  officer,  while  such
vehicle  is being operated upon the public highway, shall be presumptive
evidence of operating a motor vehicle without proof of financial securi-
ty. Upon the production of proof of financial security such  presumption
is  removed.    Production of proof of financial security may be made by
mailing such proof to the court having jurisdiction in the  matter,  and
any   necessary  response  by  such  court  or  acknowledgement  of  the
production of such proof may also be made by mail. When  insurance  with
respect to any motor vehicle, other than a motorcycle, is terminated the
owner  shall surrender forthwith his registration certificate and number
plates of the vehicle to the  commissioner  unless  proof  of  financial
security otherwise is maintained in compliance with this article.
  (2)  PROOF OF FINANCIAL SECURITY MAY BE ESTABLISHED BY MEANS OF TRANS-
MISSION OF AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE  CARD  TO  THE
OWNER'S  OR  OPERATOR'S  SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE
PROVIDED THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00671-01-5

              

S. 2698                             2

  (A) SUCH PROOF OF FINANCIAL SECURITY IS TRANSMITTED DIRECTLY FROM  THE
OWNER'S  INSURANCE COMPANY OR FROM THE OWNER'S LICENSED INSURANCE BROKER
OR AGENT TO THE OWNER'S OR OPERATOR'S SMART PHONE  OR  OTHER  ELECTRONIC
DEVICE; AND
  (B)  THE  ELECTRONIC  TRANSMISSION  OF  PROOF  OF  FINANCIAL  SECURITY
CONTAINS ALL INFORMATION REQUIRED BY THIS CHAPTER AND ANY RULES OR REGU-
LATIONS PROMULGATED BY THE COMMISSIONER.
  (3) AN OFFICER OR AGENT WHO VIEWS THE TRANSMISSION  OF  AN  ELECTRONIC
VERSION OF THE OWNER'S INSURANCE CARD ON THE OWNER'S OR OPERATOR'S SMART
PHONE OR OTHER PORTABLE ELECTRONIC DEVICE SHALL BE PROHIBITED FROM VIEW-
ING  ANY  OTHER  CONTENT ON THE SMART PHONE OR OTHER PORTABLE ELECTRONIC
DEVICE.
  (4) ANY PERSON WHO PRESENTS PROOF OF FINANCIAL SECURITY  BY  MEANS  OF
TRANSMISSION  OF  AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE CARD ON
THE OWNER'S OR OPERATOR'S  SMART  PHONE  OR  OTHER  PORTABLE  ELECTRONIC
DEVICE  SHALL  ASSUME ALL LIABILITY FOR ANY DAMAGE TO THE SMART PHONE OR
OTHER PORTABLE ELECTRONIC DEVICE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.