S T A T E   O F   N E W   Y O R K
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                                  5695

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced by Sens. KLEIN, LARKIN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Insurance

AN  ACT  to  amend the insurance law and the vehicle and traffic 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 401 of the insurance law is amended by adding a new
subsection (d) to read as follows:
  (D)  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.  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 3. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05004-05-1

              

S. 5695                             2

  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-
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. 5695                             3

  S  4.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by section 2 of part CC of chapter 58 of the laws  of  2011,  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,
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. In addition,  an  applicant  for  a  commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred  three  and  five
hundred ten-a of this title, the term "medical certificate" shall mean a
form  substantially  in  compliance  with  the  form  set  forth in Part
391.43(h) of title 49 of the code of federal regulations.  Upon a deter-
mination 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 5. This act shall take effect on the  same  date  and  in  the  same
manner  as  part  A  of  chapter 62 of the laws of 2011 takes effect, as
provided in subdivision (a) of section 114 of such part,  provided  that
sections  two,  three and four of this act shall take effect on the same
date and in the same manner as section 2 of part CC of chapter 58 of the
laws of 2011 takes effect.