N.Y. Executive Law § 846-l: New York motor vehicle theft and insurance fraud prevention board

§ 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.