Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
May 22, 2018 |
advanced to third reading |
May 16, 2018 |
2nd report cal. |
May 15, 2018 |
1st report cal.1288 |
May 03, 2018 |
referred to codes |
Senate Bill S8363
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
2017-S8363 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2288
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd §176.15, Pen L
- Versions Introduced in 2015-2016 Legislative Session:
-
S4900, A7237
2017-S8363 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8363 SPONSOR: GOLDEN TITLE OF BILL: An act to amend the penal law, in relation to insurance fraud PURPOSE: 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.
2017-S8363 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8363 I N S E N A T E May 3, 2018 ___________ Introduced by Sen. GOLDEN -- 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 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: § 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. § 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. LBD00929-01-7
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