This bill has been amended

Bill S5969-2013

Provides for the issuance and production of proof of motor vehicle financial security in electronic form on the owner's portable electronic device

Provides for the issuance and production of proof of motor vehicle financial security in electronic form on the owner's portable electronic device.

Details

Actions

  • May 6, 2014: 1ST REPORT CAL.513
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Oct 25, 2013: REFERRED TO RULES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 6, 2014
Ayes (17): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Dilan, Diaz, Kennedy, Squadron, Stavisky
Ayes W/R (2): Perkins, Gipson

Memo

BILL NUMBER:S5969

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to electronic proof of financial security

PURPOSE:

Provides for the insurance and production of proof of motor vehicle financial security in electronic form on the owner's portable electronic device

SUMMARY OF PROVISIONS:

Section One - amends paragraph b of subdivision one of section 312 of the vehicle and traffic law by stating subject to the rules of the commissioner, pursuant to paragraph c of subdivision two of section three hundred thirteen of this article, such proof of financial security shall be produced in written form or in electronic form on the owner's portable electronic device, as defined in paragraph a of subdivision two of section twelve hundred twenty-five-d of this chapter.

Section Two -- amends paragraph c of subdivision 2 of section 313 of the vehicle and traffic law by stating the commissioner shall provide for the issuance and acceptance of proof of insurance in electronic form to a motor vehicle owner's portable electronic device, as defined in paragraph a of subdivision two of section twelve hundred twenty-five-d of this chapter.

Section Three --- this act shall take effect on the one hundredth eightieth day after it shall have become a law. Provided, however, that the effective immediately, the addition. amendment and/or repeal of any rule or regulation necessary for the implantation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

JUSTIFICATION:

This act permits automobile insurers to provide proof of insurance in an electronic format that may be displayed on a mobile electronic device. With technology becoming, more common in everyday use this bill allows for easy access by both driver and officer to view legal proof of insurance. This is a simple process, as opposed to searching around the vehicle for an up to date insurance card that may or may not be present. To provide privacy to the driver, the act requires that an officer to only view the evidence of financial responsibility and would prohibit him/her from viewing any other content on the mobile electronic device. The driver is to assume all liability for any damage to the electronic mobile device.

This act eliminates scams, such as production and use of fake insurance cards. A fake card can be detected in only a few seconds, using real time verification systems that allow officers to check for insurance coverage against the car's license plate. Several insurers already associated with this act will email copies to officers and consumers.. This act will not negate the current law, if to choose so a driver may still keep a paper copy of their insurance inside their

vehicle and provide that as legal proof This act seeks to bring uniformity to the process of proving financial responsibility and generate that a motorist may present to law enforcement, and an auto insurance company may provide, an electronic, version of the proof of insurance.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it shall have become a law


Text

STATE OF NEW YORK ________________________________________________________________________ S. 5969 A. 8227 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y October 25, 2013 ___________
IN SENATE -- Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. WEISENBERG -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to electronic proof of financial security 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) The owner of such motor vehicle shall maintain proof of financial security continuously throughout the registration period and his OR HER 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 OR HER 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 security. SUBJECT TO THE RULES OF THE COMMISSIONER, PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION THREE HUNDRED THIRTEEN OF THIS ARTICLE, SUCH PROOF OF FINANCIAL SECURITY SHALL BE PRODUCED IN WRITTEN FORM OR IN ELECTRONIC FORM ON THE OWNER'S PORTABLE ELECTRONIC DEVICE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER. 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 OR HER
registration certificate and number plates of the vehicle to the commis- sioner unless proof of financial security otherwise is maintained in compliance with this article. S 2. Paragraph (c) of subdivision 2 of section 313 of the vehicle and traffic law, as amended by chapter 678 of the laws of 1997, is amended to read as follows: (c) The commissioner shall promulgate regulations establishing proce- dures for issuance of proof of insurance and for reporting by insurers of notices of termination and policy issuance, either electronically or by paper copy, at the option of the department. Such reporting shall be required for every cancellation or termination which is effective on or after July first, nineteen hundred eighty-four and for every policy issuance which is effective on or after January first, two thousand; provided, however, that should the commissioner find, after testing of reporting procedures, that it would be feasible to require reporting for policy cancellations, terminations or issuances effective on an earlier date, he OR SHE may by regulation so require reporting on such earlier date, but in no event shall reporting be required for cancellations or terminations effective prior to February first, nineteen hundred eight- y-four nor for policy issuances effective prior to September first, nineteen hundred ninety-nine. THE COMMISSIONER SHALL PROVIDE FOR THE ISSUANCE AND ACCEPTANCE OF PROOF OF INSURANCE IN ELECTRONIC FORM TO A MOTOR VEHICLE OWNER'S PORTABLE ELECTRONIC DEVICE, AS DEFINED IN PARA- GRAPH (A) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER. Insurers shall cooperate fully with the commissioner in any such testing of reporting procedures. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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