Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 01, 2016 |
referred to codes delivered to assembly passed senate |
May 23, 2016 |
ordered to third reading cal.993 committee discharged and committed to rules |
Jan 06, 2016 |
referred to codes returned to senate died in assembly |
Jun 15, 2015 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1542 committee discharged and committed to rules |
Jun 11, 2015 |
print number 4900a |
Jun 11, 2015 |
amend (t) and recommit to codes |
Apr 23, 2015 |
referred to codes |
Senate Bill S4900A
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C) Senate District
2015-S4900 - Details
2015-S4900 - Sponsor Memo
BILL NUMBER:S4900 TITLE OF BILL: An act to amend the penal law, in relation to the definition of rate evasion PURPOSE OR GENERAL IDEA OF BILL: More and more reports are occurring of New York residents, especially those living in New York City, registering their vehicles out of the state and also applying for auto insurance policies claiming the vehicle will be principally garaged and driven in the other state when they actually use the vehicle primarily in New York State. As a result, the State and local governments are missing out on millions of dollars in revenue for registration fees, license plate fees, title fees and a vehicle use tax in the case of New York City residents. In addition, it corrupts auto insurance rates because claims are not properly assigned to the correct rating territory. This bill would impose a penalty for the crime of intentional rate evasion, thereby deterring New Yorkers who may consider committing rate evasion from doing so and in the process saving law-abiding New Yorkers from the costs incurred by rate evasion. SUMMARY OF PROVISIONS: Section 1. Amends the Penal Law under the article for insurance fraud by
2015-S4900 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4900 2015-2016 Regular Sessions I N S E N A T E April 23, 2015 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the definition of rate evasion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 176.75 to read as follows: S 176.75 RATE EVASION; DEFINED. A PERSON WHO OPERATES A MOTOR VEHICLE ON THE PUBLIC HIGHWAYS OF THIS STATE, WHICH MOTOR VEHICLE IS INSURED BY A POLICY ISSUED UNDER THE LAWS OF ANOTHER STATE, IS GUILTY OF RATE EVASION IF SUCH PERSON MAINTAINS A PRINCIPAL RESIDENCE IN THIS STATE OR HAS THEIR MOTOR VEHICLE PRINCIPALLY GARAGED IN THIS STATE AND THEY HAVE KNOWINGLY PREPARED OR MADE ANY WRIT- TEN, ELECTRONIC OR ORAL STATEMENT, PRESENTED TO ANY INSURANCE COMPANY OR PRODUCER LICENSED TO TRANSACT THE BUSINESS OF INSURANCE UNDER THE LAWS OF THAT OTHER STATE, AND THAT RESULTED IN OBTAINING A MOTOR VEHICLE INSURANCE POLICY FOR THEIR MOTOR VEHICLE IN THAT OTHER STATE, AND THE PERSON TO BE INSURED: (1) MAINTAINS A PRINCIPAL RESIDENCE IN THE OTHER STATE WHEN, IN FACT, THAT PERSON'S PRINCIPAL RESIDENCE IS IN THIS STATE; OR (2) HAS THEIR MOTOR VEHICLE PRINCIPALLY GARAGED IN THE OTHER STATE, WHEN, IN FACT, THAT PERSON HAS HIS OR HER MOTOR VEHICLE PRINCIPALLY GARAGED IN THIS STATE. THIS SECTION SHALL NOT APPLY TO A PERSON WHO INSURES A VEHICLE IN ANOTHER STATE, AS PERMITTED BY AND IN ACCORDANCE WITH THE LAWS OF THAT STATE, BASED ON A SECOND RESIDENCE, OR ATTENDANCE AT AN EDUCATIONAL INSTITUTION, IN THAT OTHER STATE, IF IN OBTAINING THE POLICY THE PERSON TRUTHFULLY DISCLOSES TO THE INSURANCE COMPANY OR PRODUCER THE STATE OF THE PERSON'S PRINCIPAL RESIDENCE AND THE STATE WHERE THE VEHICLE IS PRINCIPALLY GARAGED. RATE EVASION IS A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(R) Senate District
(R, C) Senate District
2015-S4900A (ACTIVE) - Details
2015-S4900A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4900A TITLE OF BILL: An act to amend the penal law, in relation to insurance fraud PURPOSE OR GENERAL IDEA OF BILL: More and more reports are occurring of New York residents, especially those living in New York City, registering their vehicles out of the state and also applying for auto insurance policies claiming the vehicle will be principally garaged and driven in the other state when they actually use the vehicle primarily in New York State. As a result, the State and local governments are missing out on millions of dollars in revenue for registration fees, license plate fees, title fees and a vehicle use tax in the case of New York City residents. In addition, it corrupts auto insurance rates because claims are not properly assigned to the correct rating territory. This bill would impose a penalty for the crime of intentional rate evasion, thereby deterring New Yorkers who may consider committing rate evasion from doing so and in the process saving law-abiding New Yorkers from the costs incurred by rate evasion. SUMMARY OF PROVISIONS: Section 1. Amends section 176.15 of the Penal Law to provide that insuring a vehicle in a state other than New York when the vehicle is principally used and garaged in New York constitutes insurance fraud
2015-S4900A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4900--A 2015-2016 Regular Sessions I N S E N A T E April 23, 2015 ___________ Introduced by Sens. SEWARD, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the penal law, in relation to insurance fraud THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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: 1. he OR SHE 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. HE OR SHE COMMITS A FRAUDULENT INSURANCE ACT AND THE MATERIAL FACT CONTAINED OR CONCEALED IS THAT SUCH PERSON EITHER (A) MAINTAINS A PRIN- CIPAL RESIDENCE IN THE OTHER STATE WHEN, IN FACT, THAT PERSON'S PRINCI- PAL RESIDENCE IS IN THIS STATE; OR (B) HAS HIS OR HER MOTOR VEHICLE PRINCIPALLY GARAGED IN THE OTHER STATE, WHEN, IN FACT, THAT PERSON HAS HIS OR HER MOTOR VEHICLE PRINCIPALLY GARAGED IN THIS STATE. THIS SECTION SHALL NOT APPLY TO A PERSON WHO INSURES A VEHICLE IN ANOTHER STATE, AS PERMITTED BY AND IN ACCORDANCE WITH THE LAWS OF THAT STATE, BASED ON A SECOND RESIDENCE, OR ATTENDANCE AT AN EDUCATIONAL INSTITU- TION, IN THAT OTHER STATE, WHERE SUCH PERSON ALSO DRIVES AND GARAGES A VEHICLE IN THAT STATE, IF IN OBTAINING THE POLICY THE PERSON TRUTHFULLY DISCLOSES TO THE INSURANCE COMPANY OR PRODUCER THE STATE OF THE PERSON'S PRINCIPAL RESIDENCE AND THE STATE WHERE THE VEHICLE IS PRINCIPALLY GARAGED. Insurance fraud in the fourth degree is a class E felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10577-02-5
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