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:

Terms Used In N.Y. Executive Law 846-L

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Board: means the New York motor vehicle theft and insurance fraud prevention board. See N.Y. Executive Law 846-K
  • Fraud: Intentional deception resulting in injury to another.
  • Program: means the New York motor vehicle theft and insurance fraud prevention demonstration program. See N.Y. Executive Law 846-K
  • Quorum: The number of legislators that must be present to do business.

(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.