BILL NUMBER:A11114
TITLE OF BILL: An act to amend the insurance law, the state finance law
and the executive law, in relation to creating the innocent uncompen-
sated motorist accident fund
PURPOSE OR GENERAL IDEA OF BILL: To provide some degree of compensation
to motorists who, through no fault of their own, softer property damage
that is caused by a government entity engaged in work on a road or high-
way.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends Section 91
10 of the Insurance Law to require that one-half percent of the moneys
collected pursuant to the motor vehicle law enforcement fee be paid to
the newly created Innocent Uncompensated Motorist Accident Fund.
Section 2 of the bill amends the State Finance Law to create the Inno-
cent Uncompensated Motorist Accident Fund and specifies that the moneys
deposited into the Fund are for the purpose of compensating motor vehi-
cle owners who are involved in accidents caused by persons, teams, motor
vehicles, and other equipment engaged in work on a highway.
Section 3 of the bill amends the Executive Law to provide that one-half
percent of the moneys deposited into the Motor Vehicle Theft and Insur-
ance Fraud Prevention Fund are to be transferred and deposited into the
newly created Innocent Uncompensated Motorist Accident Fund and
S T A T E O F N E W Y O R K
________________________________________________________________________
11114
I N A S S E M B L Y
May 17, 2010
___________
Introduced by M. of A. CALHOUN -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, the state finance law and the execu-
tive law, in relation to creating the innocent uncompensated motorist
accident fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (e) of section 9110 of the insur-
ance law, as added by section 2 of part T of chapter 56 of the laws of
2009, is renumbered paragraph 3 and a new paragraph 2 is added to read
as follows:
(2) EACH FISCAL YEAR, ONE-HALF PERCENT OF THE MONEYS COLLECTED SHALL
BE PAID TO THE INNOCENT UNCOMPENSATED MOTORIST ACCIDENT FUND ESTABLISHED
PURSUANT TO SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
S 2. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
S 97-JJJJ. INNOCENT UNCOMPENSATED MOTORIST ACCIDENT FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE INNOCENT
UNCOMPENSATED MOTORIST ACCIDENT FUND. SUCH FUND SHALL CONSIST OF MONEYS
RECEIVED PURSUANT TO PARAGRAPH TWO OF SUBSECTION (E) OF SECTION NINE
THOUSAND ONE HUNDRED TEN OF THE INSURANCE LAW.
2. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF
MOTOR VEHICLES FOR THE PURPOSE OF COMPENSATING THE OWNER OF A MOTOR
VEHICLE INVOLVED IN AN ACCIDENT WHICH IS CAUSED BY PERSONS, TEAMS, MOTOR
VEHICLES, AND OTHER EQUIPMENT WHILE ACTUALLY ENGAGED IN WORK ON A HIGH-
WAY, NOTWITHSTANDING SUBDIVISION (B) OF SECTION ONE THOUSAND ONE HUNDRED
THREE OF THE VEHICLE AND TRAFFIC LAW.
S 3. Paragraph (a) of subdivision 2 of section 846-m of the executive
law, as amended by section 6 of part T of chapter 57 of the laws of
2000, is amended to read as follows:
(a) The moneys received by the fund shall be expended in a manner that
is consistent with the plan of operation, pursuant to appropriation,
only to reimburse costs incurred by provider agencies for pilot program
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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