Bill Text: NY A07685 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes the production of proof of insurance by the use of electronic transmission to portable electronic devices.

Spectrum: Slight Partisan Bill (Democrat 11-6)

Status: (Introduced - Dead) 2014-05-07 - print number 7685b [A07685 Detail]

Download: New_York-2013-A07685-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7685--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 30, 2013
                                      ___________
       Introduced  by  M.  of A. HIKIND, COOK, DINOWITZ, McLAUGHLIN, MONTESANO,
         SEPULVEDA, SKOUFIS, WALTER -- Multi-Sponsored by -- M. of  A.  ABBATE,
         BARCLAY, BLANKENBUSH, GALEF, GOTTFRIED, MOSLEY, SALADINO, STECK, WEIS-
         ENBERG -- read once and referred to the Committee on Transportation --
         recommitted  to  the  Committee  on  Transportation in accordance with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended  and  recommitted  to  said  committee  --  again
         reported  from  said  committee  with amendments, ordered reprinted as
         amended and recommitted to said committee
       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:
    1    Section  1. Paragraph (b) of subdivision 1 of section 312 of the vehi-
    2  cle and traffic law, as amended by chapter 557 of the laws of  1994,  is
    3  amended to read as follows:
    4    (b) (1) The owner of such motor vehicle shall maintain proof of finan-
    5  cial  security  continuously  throughout the registration period and his
    6  failure to produce proof of financial security when requested to  do  so
    7  upon  demand  of  a  magistrate, motor vehicle inspector, peace officer,
    8  acting pursuant to his special duties, or  police  officer,  while  such
    9  vehicle  is being operated upon the public highway, shall be presumptive
   10  evidence of operating a motor vehicle without proof of financial securi-
   11  ty. Upon the production of proof of financial security such  presumption
   12  is  removed.    Production of proof of financial security may be made by
   13  mailing such proof to the court having jurisdiction in the  matter,  and
   14  any   necessary  response  by  such  court  or  acknowledgement  of  the
   15  production of such proof may also be made by mail. When  insurance  with
   16  respect to any motor vehicle, other than a motorcycle, is terminated the
   17  owner  shall surrender forthwith his registration certificate and number
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10551-10-4
       A. 7685--B                          2
    1  plates of the vehicle to the  commissioner  unless  proof  of  financial
    2  security otherwise is maintained in compliance with this article.
    3    (2)  PROOF OF FINANCIAL SECURITY MAY BE ESTABLISHED BY MEANS OF TRANS-
    4  MISSION OF AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE  CARD  TO  THE
    5  OWNER'S  OR  OPERATOR'S  SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE
    6  PROVIDED THAT:
    7    (A) SUCH PROOF OF FINANCIAL SECURITY IS TRANSMITTED DIRECTLY FROM  THE
    8  OWNER'S  INSURANCE COMPANY OR FROM THE OWNER'S LICENSED INSURANCE BROKER
    9  OR AGENT TO THE OWNER'S OR OPERATOR'S SMART PHONE  OR  OTHER  ELECTRONIC
   10  DEVICE; AND
   11    (B)  THE  ELECTRONIC  TRANSMISSION  OF  PROOF  OF  FINANCIAL  SECURITY
   12  CONTAINS ALL INFORMATION REQUIRED BY THIS CHAPTER AND ANY RULES OR REGU-
   13  LATIONS PROMULGATED BY THE COMMISSIONER.
   14    (3) AN OFFICER OR AGENT WHO VIEWS THE TRANSMISSION  OF  AN  ELECTRONIC
   15  VERSION OF THE OWNER'S INSURANCE CARD ON THE OWNER'S OR OPERATOR'S SMART
   16  PHONE OR OTHER PORTABLE ELECTRONIC DEVICE SHALL BE PROHIBITED FROM VIEW-
   17  ING  ANY  OTHER  CONTENT ON THE SMART PHONE OR OTHER PORTABLE ELECTRONIC
   18  DEVICE.
   19    (4) ANY PERSON WHO PRESENTS PROOF OF FINANCIAL SECURITY  BY  MEANS  OF
   20  TRANSMISSION  OF  AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE CARD ON
   21  THE OWNER'S OR OPERATOR'S  SMART  PHONE  OR  OTHER  PORTABLE  ELECTRONIC
   22  DEVICE  SHALL  ASSUME ALL LIABILITY FOR ANY DAMAGE TO THE SMART PHONE OR
   23  OTHER PORTABLE ELECTRONIC DEVICE.
   24    S 2. This act shall take effect on the ninetieth day  after  it  shall
   25  have become a law.