N.Y. Executive Law § 203: Additional duties of the commissioner

§ 203. Additional duties of the commissioner. The commissioner of the

office of general services is authorized, within amounts appropriated

therefor by the legislature and subject to the written approval of the

attorney general, to pay and cause to be satisfied and discharged claims

for damage to personal or real property or for bodily injuries or

wrongful death caused in connection with the operation of a motor

vehicle (a) by officers or employees of the state, while acting within

the scope of their employment, or (b) by other authorized persons

providing service to state government while providing such service, or

(c) with relation to motor vehicles which are assigned on a permanent

basis with unrestricted use to state officers or employees, when caused

by such officer or employee or by a person requested to operate such

motor vehicle by such officer or employee in the course of or in

connection with the use of such motor vehicle by such officer or

employee. Such claims payments shall be made in accordance with a

contract with a private firm to process, adjust, investigate, negotiate,

settle, pay, and subrogate such claims on behalf of the state, as

specified in such contract, provided that such firm is duly licensed to

perform such services by the state department of financial services.

Notwithstanding any other provision of law, any such contract may

provide for the payment of benefits up to a maximum of fifty thousand

dollars for any occurrence in accordance with article fifty-one of the

insurance law and for such payments, not based on tort, the attorney

general's approval shall not be required. Notwithstanding any other

provision of law, any payment of other property damage or bodily injury

or wrongful death claims caused by a tort of such officers, employees,

or other authorized personnel shall not exceed a maximum of twenty-five

thousand dollars for each claimant in accordance with such terms,

conditions and requirements as shall be set forth in such contract. Any

agency or unit of an agency which is supported by any funding source

other than the general fund shall reimburse the general fund for all or

any portion of such payments made pursuant to this section which are

attributable to the other funding source.

Nothing contained in this section or in any contract provided for

herein shall impair any right or obligation in connection with any

executed contract of insurance entered into by the state separate and

apart from the authority granted herein. No moneys appropriated for the

purposes of this section shall be available for expenditure from such

appropriation until a certificate of approval has been issued by the

director of the budget and copies of such certificate filed with the

state comptroller, the chairman of the senate finance committee, and the

chairman of the assembly ways and means committee.