Motor Vehicle Theft and Insurance Fraud Prevention Board

The Motor Vehicle Theft and Insurance Fraud Prevention Board oversees a demonstration program that supports initiatives designed to reduce motor vehicle theft and related motor vehicle insurance fraud. The program provides state funds to support police and prosecutors in communities with high incidents of motor vehicle theft and insurance fraud, allowing those jurisdictions to support specialized law enforcement strategies to combat the crimes. The Board also develops an annual plan with recommendations on how to reduce motor vehicle theft and motor vehicle insurance fraud statewide.

The functions, duties and membership of the Board are detailed in New York State Executive Law Article 36-A Sections 846-i - 846-m. 

The state Division of Criminal Justice Services provides staff support to the Board, which has 12 members who serve four-year terms. A member whose term has expired remains on the council until they are reappointed, or a replacement is named.

(as of 10/15/2023)

Rossana Rosado, Chair

Commissioner, New York State Division of Criminal Justice Services

Westchester County

Kevin Gallagher

Regional Director-Northeast Region, National Insurance Crime Bureau

Suffolk County

Term Ends: 1/31/2025

Edmund Golat

Major Case Specialist, Special Investigations Unit, Progressive Insurance

Richmond County

Term Ends: 7/1/2018

Joseph Kenny

Assistant Chief, New York City Police Department

New York County

Term Ends: 7/1/2024

James Potts

Vice President of Special Investigations, New York Central Mutual Fire Insurance Company

Otsego County

Term Ends: 7/1/2021

Owen McShane

Deputy Commissioner, New York State Department of Motor Vehicles

Albany County

Term Ends: 1/20/2022

Mary Lowenburg

Bureau Chief, Major Economic Crimes, Queens County District Attorney's Office

Queens County

7/1/2025

The Board has representation from the motor vehicle insurance industry and consumers, law enforcement agencies, and the judicial system. By law, the Commissioner of the Division of Criminal Justice Services chairs the board.

Other members are either appointed by the Governor or appointed by the Governor at the recommendation of the state Senate and state Assembly.

New York State Executive Law Article 36-A Sections 846-i – 846-m. 

§ 846-i. Short title. This article shall be known and cited as the
"New York motor vehicle theft and insurance fraud prevention
demonstration program".

§ 846-j. Legislative findings. Motor vehicle theft and motor vehicle
insurance fraud is a major problem in this state costing honest motor
vehicle policyholders billions of dollars annually. As the cost of motor
vehicle insurance continues to rise, this essential coverage has become
less affordable and more out of reach for many New Yorkers. Between
nineteen hundred eighty-five and nineteen hundred ninety-two, New York
has seen over a fifty percent increase in the number of motor vehicle
thefts. Over one hundred sixty thousand motor vehicles are stolen
annually in this state at a cost of over seven hundred million dollars.
Between nineteen hundred eighty-six and nineteen hundred ninety-two, New
York has also seen a one hundred sixty-six percent increase in the
number of reported fraudulent claims; estimates have put the cost to
policyholders for fraudulent activities at ten percent of premiums paid.
The legislature acknowledges a direct relationship between the incidence
of motor vehicle theft, motor vehicle insurance fraud and the cost of
motor vehicle insurance premium rates. The legislature finds, therefor,
that to reduce the overall cost of motor vehicle insurance in this
state, measures must be enacted which specifically address the incidence
of motor vehicle theft and motor vehicle insurance fraud. This
legislation creates the motor vehicle theft and insurance fraud
prevention demonstration program, the goals of which are as follows: to
provide an integrated means to prevent, deter and reduce the incidence
of motor vehicle theft and motor vehicle insurance fraud by developing
and providing funding for demonstration programs which include education
on motor vehicle theft and insurance fraud prevention, programs on motor
vehicle theft and insurance fraud prevention and specialized law
enforcement units to combat motor vehicle theft and insurance fraud.

§ 846-k. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Board" means the New York motor vehicle theft and insurance fraud
prevention board.

2. "Fee" means the motor vehicle theft and insurance fraud prevention
fee established pursuant to section nine thousand one hundred ten of the
insurance law.

3. "Fund" means the motor vehicle theft and insurance fraud prevention
fund established pursuant to section eighty-nine-d of the state finance
law.

4. "Program" means the New York motor vehicle theft and insurance
fraud prevention demonstration program.

5. "Provider agency" means a locality, governmental agency, or
not-for-profit organization of any character that provides one or more
motor vehicle theft or insurance fraud prevention or driver safety
activities in accordance with a plan approved by the board.

6. "Motor vehicle" shall be defined as in section one hundred
twenty-five of the vehicle and traffic law, except that it shall also
include trailers, semi-trailers and tractors other than tractors used
exclusively for agricultural purposes, and shall exclude fire and police
vehicles, farm equipment, including self-propelled machines used
exclusively in growing, harvesting or handling farm produce, tractors
used exclusively for agricultural purposes, or for snow plowing other
than for hire, and self-propelled caterpillar or crawler-type equipment
while being operated on the contract site.

§ 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.

§ 846-m. Plan of operation and grant award process. 1. In accordance
with the legislative intent of this article, the board shall develop and
recommend to the commissioner a plan of operation which shall provide
for a coordinated approach to curtailing motor vehicle theft and motor
vehicle insurance fraud throughout the state. The plan shall provide an
integrated means to detect, prevent, deter and reduce motor vehicle
theft and motor vehicle insurance fraud by providing funds, upon the
recommendation of the board and approved by the commissioner, to meet
these objectives. The plan of operation shall include but not be limited
to: an assessment of the scope of the problem of motor vehicle theft and
motor vehicle insurance fraud, including a regional analysis of the
incidence of motor vehicle theft and motor vehicle insurance fraud and
related activities; an analysis of various methods of combating the
problem; and the development of a request for proposals process,
consistent with the plan, for applications from provider agencies to
receive grants from the fund.

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.

(b) Activities eligible for funding include, but are not limited to,
the following: prosecution and adjudication services; law enforcement
services; neighborhood or community based programs designed to reduce
the incidence of motor vehicle theft and motor vehicle insurance fraud;
educational programs designed to inform owners of motor vehicles
concerning activities designed to prevent the incidence of theft of
motor vehicles and fraudulent claims practices; and programs designed to
examine, evaluate and make recommendations relating to the efficacy of
motor vehicle theft prevention devices or methods including, but not
limited to, passive tracking devices designed to identify the location
of a motor vehicle at any given point in time and window glass etching
with vehicle identification numbers or any other unique identifying
symbol including decal programs such as New York city's operation combat
auto theft (C.A.T.). Funds provided under this program shall be used to
augment, and not to supplant, the provider agency's current funding, if
any, for motor vehicle theft and insurance fraud detection, prevention,
or reduction activities.

(c) In allocating the moneys for the program, the commissioner, upon
recommendation of the board, shall, to the greatest extent possible,
take into account the geographic incidence of motor vehicle theft and
insurance fraud, whereby localities with the greatest incidence of motor
vehicle theft and insurance fraud shall be targeted for the purposes of
this program.

(d) The state comptroller shall conduct an audit of all moneys
received and expended by the fund as well as all other funds expended
from any other source for the purposes of this program, and shall submit
a written report detailing such audit to the governor and legislature on
or before March first of each year.

The board has only had a quorum since March 2023 and did not meet in FY23.

Upcoming Meetings

Meeting dates will be listed once they are scheduled.

View meeting materials and live-stream information

Members are not compensated for their service. The Division of Criminal Justice Services has not incurred any travel expenses for members to attend meetings.

• FY23: $0
• FY24: $0 (as of Oct. 15, 2023).
• FY25: $0

David Martin

Office of Program Development and Funding

New York State Division of Criminal Justice Services

80 South Swan St., Albany, N.Y. 12210

518-485-9607

Media inquiries should be directed to [email protected] or 518-457-8828.