S T A T E O F N E W Y O R K
________________________________________________________________________
5705
2011-2012 Regular Sessions
I N A S S E M B L Y
February 25, 2011
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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-KKKK OF THE STATE FINANCE LAW.
S 2. The state finance law is amended by adding a new section 97-kkkk
to read as follows:
S 97-KKKK. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02800-01-1
A. 5705 2
(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
activities relating to the detection, prevention or reduction of motor
vehicle theft and motor vehicle insurance fraud; PROVIDED, HOWEVER, THAT
ON AND AFTER JANUARY 1, 2012, ONE-HALF PERCENT OF THE MONEYS RECEIVED BY
THE FUND SHALL BE TRANSFERRED AND DEPOSITED INTO THE INNOCENT UNCOMPEN-
SATED MOTORIST ACCIDENT FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEV-
EN-KKKK OF THE STATE FINANCE LAW AND DISBURSED EXCLUSIVELY TO COMPENSATE
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 HIGHWAY, NOTWITHSTANDING SUBDIVISION (B) OF SECTION
ONE THOUSAND ONE HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW.
S 4. This act shall take effect immediately.