§ 203 — Additional duties of the commissioner

§ 203. Additional duties of the commissioner. The commissioner of the\noffice of general services is authorized, within amounts appropriated\ntherefor by the legislature and subject to the written approval of the\nattorney general, to pay and cause to be satisfied and discharged claims\nfor damage to personal or real property or for bodily injuries or\nwrongful death caused in connection with the operation of a motor\nvehicle (a) by officers or employees of the state, while acting within\nthe scope of their employment, or (b) by other authorized persons\nproviding service to state government while providing such service, or\n(c) with relation to motor vehicles which are assigned on a permanent\nbasis with unrestricted use to state officers or employees, when caused\nby such officer or employee or by a person requested to operate such\nmotor vehicle by such officer or employee in the course of or in\nconnection with the use of such motor vehicle by such officer or\nemployee. Such claims payments shall be made in accordance with a\ncontract with a private firm to process, adjust, investigate, negotiate,\nsettle, pay, and subrogate such claims on behalf of the state, as\nspecified in such contract, provided that such firm is duly licensed to\nperform such services by the state department of financial services.\n Notwithstanding any other provision of law, any such contract may\nprovide for the payment of benefits up to a maximum of fifty thousand\ndollars for any occurrence in accordance with article fifty-one of the\ninsurance law and for such payments, not based on tort, the attorney\ngeneral's approval shall not be required. Notwithstanding any other\nprovision of law, any payment of other property damage or bodily injury\nor wrongful death claims caused by a tort of such officers, employees,\nor other authorized personnel shall not exceed a maximum of twenty-five\nthousand dollars for each claimant in accordance with such terms,\nconditions and requirements as shall be set forth in such contract. Any\nagency or unit of an agency which is supported by any funding source\nother than the general fund shall reimburse the general fund for all or\nany portion of such payments made pursuant to this section which are\nattributable to the other funding source.\n Nothing contained in this section or in any contract provided for\nherein shall impair any right or obligation in connection with any\nexecuted contract of insurance entered into by the state separate and\napart from the authority granted herein. No moneys appropriated for the\npurposes of this section shall be available for expenditure from such\nappropriation until a certificate of approval has been issued by the\ndirector of the budget and copies of such certificate filed with the\nstate comptroller, the chairman of the senate finance committee, and the\nchairman of the assembly ways and means committee.\n