S02698 Summary:

BILL NOS02698
 
SAME ASSAME AS A05547
 
SPONSORFELDER
 
COSPNSR
 
MLTSPNSR
 
Amd S312, V & T L
 
Authorizes the production of proof of insurance by the use of electronic transmission to portable electronic devices.
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S02698 Actions:

BILL NOS02698
 
01/28/2015REFERRED TO TRANSPORTATION
05/18/2015COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/18/2015ORDERED TO THIRD READING CAL.717
05/19/2015PASSED SENATE
05/19/2015DELIVERED TO ASSEMBLY
05/19/2015referred to transportation
01/06/2016died in assembly
01/06/2016returned to senate
01/06/2016REFERRED TO TRANSPORTATION
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S02698 Committee Votes:

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S02698 Floor Votes:

There are no votes for this bill in this legislative session.
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S02698 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2698
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2015
                                       ___________
 
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
 
        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
    18  plates of the vehicle to the  commissioner  unless  proof  of  financial
    19  security otherwise is maintained in compliance with this article.
    20    (2)  Proof of financial security may be established by means of trans-
    21  mission of an electronic version of the owner's insurance  card  to  the
    22  owner's  or  operator's  smart phone or other portable electronic device
    23  provided that:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00671-01-5

        S. 2698                             2
 
     1    (A) such proof of financial security is transmitted directly from  the
     2  owner's  insurance company or from the owner's licensed insurance broker
     3  or agent to the owner's or operator's smart phone  or  other  electronic
     4  device; and
     5    (B)  the  electronic  transmission  of  proof  of  financial  security
     6  contains all information required by this chapter and any rules or regu-
     7  lations promulgated by the commissioner.
     8    (3) An officer or agent who views the transmission  of  an  electronic
     9  version of the owner's insurance card on the owner's or operator's smart
    10  phone or other portable electronic device shall be prohibited from view-
    11  ing  any  other  content on the smart phone or other portable electronic
    12  device.
    13    (4) Any person who presents proof of financial security  by  means  of
    14  transmission  of  an electronic version of the owner's insurance card on
    15  the owner's or operator's  smart  phone  or  other  portable  electronic
    16  device  shall  assume all liability for any damage to the smart phone or
    17  other portable electronic device.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
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