Section 846-L. New York motor vehicle theft and insurance fraud prevention board  


Latest version.
  • 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
      insurance,  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 insurance 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.