§ 846-L — New York motor vehicle theft and insurance fraud prevention board

New York § 846-L

• Jurisdiction: New York
• Law EXC: Executive
• Art. 36-A: New York Motor Vehicle Theft and Insurance Fraud Prevention Program

Text

§ 846-l. New York motor vehicle theft and insurance fraud prevention\nboard. 1. There is hereby created in the division of criminal justice\nservices the New York motor vehicle theft and insurance fraud prevention\nboard (hereinafter "board"), which shall consist of the following\nmembers:\n (a) The commissioner of criminal justice services (hereinafter\n"commissioner"), or his designee, who shall serve as the voting\nchairperson of the board;\n (b) Three voting members appointed by the governor on the\nrecommendation of the speaker of the assembly provided, however, that no\nmore than two such appointments made pursuant to this paragraph shall be\nfrom the same category of members as provided for in subdivision two of\nthis section.\n (c) Three voting members appointed by the governor on the\nrecommendation of the temporary president of the senate provided,\nhowever, that no more than two such appointments made pursuant to this\nparagraph shall be from the same category of members as provided for in\nsubdivision two of this section; and\n (d) Five voting members appointed by the governor provided, however,\nthat no more than two such appointments made pursuant to this paragraph\nshall be from the same category of members as provided for in\nsubdivision two of this section.\n 2. The members of the board appointed on the recommendation of the\nspeaker of the assembly and the temporary president of the senate, and\nthe members of the board appointed by the governor pursuant to paragraph\n(d) of subdivision one of this section, shall be representative of\nconsumers of motor vehicle insurance, motor vehicle insurance companies,\nlaw enforcement agencies and the judicial system. The appointments shall\nbe made not later than one hundred eighty days after the date on which\nthis section shall have become law. Members of the board who are not\npublic officials shall serve for a term of four years. Members of the\nboard shall serve without compensation, except that members of the board\nwho are not public officials shall be entitled to receive reasonable\nreimbursement for expenses incurred by them in performance of their\nduties as members of the board. A majority of the members of the board\nshall constitute a quorum for the transaction of business at a meeting.\nAction may be taken by the board at a meeting upon a vote of the\nmajority of its members present. Every member of the board shall be\nentitled to designate a representative to attend, in his or her place, a\nmeeting of the board and to vote or otherwise act in his or her behalf,\nprovided, however, that a member may not designate such a representative\nmore than once each year. Written notice of such designation shall be\nfurnished to the board by the designating member prior to any meeting\nattended by his or her representative. Any such representative shall\nserve at the pleasure of the designating member. No such representative\nshall be authorized to delegate any of his or her duties or functions to\nany other person. The board shall meet at least four times each year,\nand at other times at the call of the chairperson or upon the written\nrequest of two-thirds of the members of the board.\n 3. The commissioner shall, pursuant to the recommendation of the\nboard, have the power and duty to:\n (a) Make, execute, and deliver contracts, conveyances, and other\ninstruments necessary to effect the purposes and objectives of the\nprogram;\n (b) Accept any grant, including federal grants, or any other\ncontributions for the purposes of the program. Any moneys so received\nshall be expended by the commissioner for the program's purposes,\npursuant to appropriation and subject to the applicable provisions of\nthe state finance law;\n (c) Make grants pursuant to a request for proposals process;\n (d) Appoint such employees and agents as the commissioner may deem\nnecessary, fix their compensation within the limitations provided by\nlaw, and prescribe their duties;\n (e) Request from the division of state police, from county or\nmunicipal police departments and agencies, from the department of\nfinancial services, from the department of motor vehicles, from the\noffice of court administration, from any other state department or\nagency or public authority, or from any insurer which offers motor\nvehicle insurance such assistance and data as are useful for the\npurposes and objectives of the program;\n (f) Cooperate with and assist political subdivisions of the state in\nthe development of local programs to prevent motor vehicle theft and\ninsurance fraud;\n (g) Advise and assist the superintendent of financial services\npursuant to section two thousand three hundred forty-eight of the\ninsurance law; and\n (h) Submit, no later than February fifteenth of each year to the\ngovernor and the chairperson of the senate finance committee and the\nchairperson of the assembly ways and means committee, a written report\non the board's activities, the activities of grant recipients, the\nresults achieved by the grant recipients in improving the detection,\nprevention or reduction of motor vehicle theft and insurance fraud and\nthe impact such efforts may have on motor vehicle insurance rates.\n