Legislation
SECTION 846-L
New York motor vehicle theft and insurance fraud prevention board
Executive (EXC) CHAPTER 18, ARTICLE 36-A
§ 846-l. New York motor vehicle theft and insurance fraud prevention
board. 1. There is hereby created in the division of criminal justice
services the New York motor vehicle theft and insurance fraud prevention
board (hereinafter "board"), which shall consist of the following
members:
(a) The commissioner of criminal justice services (hereinafter
"commissioner"), or his designee, who shall serve as the voting
chairperson of the board;
(b) Three voting members appointed by the governor on the
recommendation of the speaker of the assembly provided, however, that no
more than two such appointments made pursuant to this paragraph shall be
from the same category of members as provided for in subdivision two of
this section.
(c) Three voting members appointed by the governor on the
recommendation of the temporary president of the senate provided,
however, that no more than two such appointments made pursuant to this
paragraph shall be from the same category of members as provided for in
subdivision two of this section; and
(d) Five voting members appointed by the governor provided, however,
that no more than two such appointments made pursuant to this paragraph
shall be from the same category of members as provided for in
subdivision two of this section.
2. The members of the board appointed on the recommendation of the
speaker of the assembly and the temporary president of the senate, and
the members of the board appointed by the governor pursuant to paragraph
(d) of subdivision one of this section, shall be representative of
consumers of motor vehicle insurance, motor vehicle insurance companies,
law enforcement agencies and the judicial system. The appointments shall
be made not later than one hundred eighty days after the date on which
this section shall have become law. Members of the board who are not
public officials shall serve for a term of four years. Members of the
board shall serve without compensation, except that members of the board
who are not public officials shall be entitled to receive reasonable
reimbursement for expenses incurred by them in performance of their
duties as members of the board. A majority of the members of the board
shall constitute a quorum for the transaction of business at a meeting.
Action may be taken by the board at a meeting upon a vote of the
majority of its members present. Every member of the board shall be
entitled to designate a representative to attend, in his or her place, a
meeting of the board and to vote or otherwise act in his or her behalf,
provided, however, that a member may not designate such a representative
more than once each year. Written notice of such designation shall be
furnished to the board by the designating member prior to any meeting
attended by his or her representative. Any such representative shall
serve at the pleasure of the designating member. No such representative
shall be authorized to delegate any of his or her duties or functions to
any other person. The board shall meet at least four times each year,
and at other times at the call of the chairperson or upon the written
request of two-thirds of the members of the board.
3. The commissioner shall, pursuant to the recommendation of the
board, have the power and duty to:
(a) Make, execute, and deliver contracts, conveyances, and other
instruments necessary to effect the purposes and objectives of the
program;
(b) Accept any grant, including federal grants, or any other
contributions for the purposes of the program. Any moneys so received
shall be expended by the commissioner for the program's purposes,
pursuant to appropriation and subject to the applicable provisions of
the state finance law;
(c) Make grants pursuant to a request for proposals process;
(d) Appoint such employees and agents as the commissioner may deem
necessary, fix their compensation within the limitations provided by
law, and prescribe their duties;
(e) Request from the division of state police, from county or
municipal police departments and agencies, from the department of
financial services, from the department of motor vehicles, from the
office of court administration, from any other state department or
agency or public authority, or from any insurer which offers motor
vehicle insurance such assistance and data as are useful for the
purposes and objectives of the program;
(f) Cooperate with and assist political subdivisions of the state in
the development of local programs to prevent motor vehicle theft and
insurance fraud;
(g) Advise and assist the superintendent of financial services
pursuant to section two thousand three hundred forty-eight of the
insurance law; and
(h) Submit, no later than February fifteenth of each year to the
governor and the chairperson of the senate finance committee and the
chairperson of the assembly ways and means committee, a written report
on the board's activities, the activities of grant recipients, the
results achieved by the grant recipients in improving the detection,
prevention or reduction of motor vehicle theft and insurance fraud and
the impact such efforts may have on motor vehicle insurance rates.
board. 1. There is hereby created in the division of criminal justice
services the New York motor vehicle theft and insurance fraud prevention
board (hereinafter "board"), which shall consist of the following
members:
(a) The commissioner of criminal justice services (hereinafter
"commissioner"), or his designee, who shall serve as the voting
chairperson of the board;
(b) Three voting members appointed by the governor on the
recommendation of the speaker of the assembly provided, however, that no
more than two such appointments made pursuant to this paragraph shall be
from the same category of members as provided for in subdivision two of
this section.
(c) Three voting members appointed by the governor on the
recommendation of the temporary president of the senate provided,
however, that no more than two such appointments made pursuant to this
paragraph shall be from the same category of members as provided for in
subdivision two of this section; and
(d) Five voting members appointed by the governor provided, however,
that no more than two such appointments made pursuant to this paragraph
shall be from the same category of members as provided for in
subdivision two of this section.
2. The members of the board appointed on the recommendation of the
speaker of the assembly and the temporary president of the senate, and
the members of the board appointed by the governor pursuant to paragraph
(d) of subdivision one of this section, shall be representative of
consumers of motor vehicle insurance, motor vehicle insurance companies,
law enforcement agencies and the judicial system. The appointments shall
be made not later than one hundred eighty days after the date on which
this section shall have become law. Members of the board who are not
public officials shall serve for a term of four years. Members of the
board shall serve without compensation, except that members of the board
who are not public officials shall be entitled to receive reasonable
reimbursement for expenses incurred by them in performance of their
duties as members of the board. A majority of the members of the board
shall constitute a quorum for the transaction of business at a meeting.
Action may be taken by the board at a meeting upon a vote of the
majority of its members present. Every member of the board shall be
entitled to designate a representative to attend, in his or her place, a
meeting of the board and to vote or otherwise act in his or her behalf,
provided, however, that a member may not designate such a representative
more than once each year. Written notice of such designation shall be
furnished to the board by the designating member prior to any meeting
attended by his or her representative. Any such representative shall
serve at the pleasure of the designating member. No such representative
shall be authorized to delegate any of his or her duties or functions to
any other person. The board shall meet at least four times each year,
and at other times at the call of the chairperson or upon the written
request of two-thirds of the members of the board.
3. The commissioner shall, pursuant to the recommendation of the
board, have the power and duty to:
(a) Make, execute, and deliver contracts, conveyances, and other
instruments necessary to effect the purposes and objectives of the
program;
(b) Accept any grant, including federal grants, or any other
contributions for the purposes of the program. Any moneys so received
shall be expended by the commissioner for the program's purposes,
pursuant to appropriation and subject to the applicable provisions of
the state finance law;
(c) Make grants pursuant to a request for proposals process;
(d) Appoint such employees and agents as the commissioner may deem
necessary, fix their compensation within the limitations provided by
law, and prescribe their duties;
(e) Request from the division of state police, from county or
municipal police departments and agencies, from the department of
financial services, from the department of motor vehicles, from the
office of court administration, from any other state department or
agency or public authority, or from any insurer which offers motor
vehicle insurance such assistance and data as are useful for the
purposes and objectives of the program;
(f) Cooperate with and assist political subdivisions of the state in
the development of local programs to prevent motor vehicle theft and
insurance fraud;
(g) Advise and assist the superintendent of financial services
pursuant to section two thousand three hundred forty-eight of the
insurance law; and
(h) Submit, no later than February fifteenth of each year to the
governor and the chairperson of the senate finance committee and the
chairperson of the assembly ways and means committee, a written report
on the board's activities, the activities of grant recipients, the
results achieved by the grant recipients in improving the detection,
prevention or reduction of motor vehicle theft and insurance fraud and
the impact such efforts may have on motor vehicle insurance rates.