Bill Text: NY A08396 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the issuance and production of proof of motor vehicle financial security in electronic form on the owner's portable electronic device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A08396 Detail]
Download: New_York-2017-A08396-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8396 2017-2018 Regular Sessions IN ASSEMBLY June 13, 2017 ___________ Introduced by M. of A. HUNTER -- 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: 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) The owner of such motor vehicle shall maintain proof of financial 5 security continuously throughout the registration period and his or her 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 or her special duties, or police officer, while 9 such vehicle is being operated upon the public highway, shall be 10 presumptive evidence of operating a motor vehicle without proof of 11 financial security. Subject to the rules of the commissioner, pursuant 12 to paragraph (c) of subdivision two of section three hundred thirteen of 13 this article, such proof of financial security shall be produced in 14 written form or in electronic form on the owner's portable electronic 15 device, as defined in paragraph (a) of subdivision two of section twelve 16 hundred twenty-five-d of this chapter. Insurers shall retain the right 17 to determine whether to offer to their policyholders the ability to 18 produce proof of financial security in electronic form. Upon the 19 production of proof of financial security such presumption is removed. 20 Production of proof of financial security may be made by mailing such 21 proof to the court having jurisdiction in the matter, and any necessary 22 response by such court or acknowledgement of the production of such 23 proof may also be made by mail. When insurance with respect to any motor 24 vehicle, other than a motorcycle, is terminated the owner shall surren- 25 der forthwith his or her registration certificate and number plates of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04043-01-7A. 8396 2 1 the vehicle to the commissioner unless proof of financial security 2 otherwise is maintained in compliance with this article. 3 § 2. Paragraph (c) of subdivision 2 of section 313 of the vehicle and 4 traffic law, as amended by chapter 678 of the laws of 1997, is amended 5 to read as follows: 6 (c) The commissioner shall promulgate regulations establishing proce- 7 dures for issuance of proof of insurance and for reporting by insurers 8 of notices of termination and policy issuance, either electronically or 9 by paper copy, at the option of the department. Such reporting shall be 10 required for every cancellation or termination which is effective on or 11 after July first, nineteen hundred eighty-four and for every policy 12 issuance which is effective on or after January first, two thousand; 13 provided, however, that should the commissioner find, after testing of 14 reporting procedures, that it would be feasible to require reporting for 15 policy cancellations, terminations or issuances effective on an earlier 16 date, he or she may by regulation so require reporting on such earlier 17 date, but in no event shall reporting be required for cancellations or 18 terminations effective prior to February first, nineteen hundred eight- 19 y-four nor for policy issuances effective prior to September first, 20 nineteen hundred ninety-nine. The commissioner shall provide for the 21 acceptance of proof of insurance in electronic form on a motor vehicle 22 owner's portable electronic device, as defined in paragraph (a) of 23 subdivision two of section twelve hundred twenty-five-d of this chapter. 24 Insurers shall cooperate fully with the commissioner in any such testing 25 of reporting procedures. 26 § 3. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law. Provided, however, that effective immediate- 28 ly, the addition, amendment and/or repeal of any rule or regulation 29 necessary for the implementation of this act on its effective date are 30 authorized and directed to be made and completed on or before such 31 effective date.
