2006 New York Code - Additional Duties Of The Commissioner

 
    § 203. Additional duties of the commissioner.  The commissioner of the
  office  of  general  services is authorized, within amounts appropriated
  therefor by the legislature and subject to the written approval  of  the
  attorney general, to pay and cause to be satisfied and discharged claims
  for  damage  to  personal  or  real  property  or for bodily injuries or
  wrongful death caused in  connection  with  the  operation  of  a  motor
  vehicle  (a)  by officers or employees of the state, while acting within
  the scope of their  employment,  or  (b)  by  other  authorized  persons
  providing  service  to state government while providing such service, or
  (c) with relation to motor vehicles which are assigned  on  a  permanent
  basis  with unrestricted use to state officers or employees, when caused
  by such officer or employee or by a person  requested  to  operate  such
  motor  vehicle  by  such  officer  or  employee  in  the course of or in
  connection with the use  of  such  motor  vehicle  by  such  officer  or
  employee.  Such  claims  payments  shall  be  made  in accordance with a
  contract with a private firm to process, adjust, investigate, negotiate,
  settle, pay, and subrogate such  claims  on  behalf  of  the  state,  as
  specified  in such contract, provided that such firm is duly licensed to
  perform such services by the state insurance department.
    Notwithstanding any other provision of  law,  any  such  contract  may
  provide  for  the  payment of benefits up to a maximum of fifty thousand
  dollars for any occurrence in accordance with article fifty-one  of  the
  insurance  law  and  for  such payments, not based on tort, the attorney
  general's approval shall not  be  required.  Notwithstanding  any  other
  provision  of law, any payment of other property damage or bodily injury
  or wrongful death claims caused by a tort of such  officers,  employees,
  or  other authorized personnel shall not exceed a maximum of twenty-five
  thousand dollars for  each  claimant  in  accordance  with  such  terms,
  conditions  and requirements as shall be set forth in such contract. Any
  agency or unit of an agency which is supported  by  any  funding  source
  other  than the general fund shall reimburse the general fund for all or
  any portion of such payments made pursuant to  this  section  which  are
  attributable to the other funding source.
    Nothing  contained  in  this  section  or in any contract provided for
  herein shall impair any right  or  obligation  in  connection  with  any
  executed  contract  of  insurance entered into by the state separate and
  apart from the authority granted herein. No moneys appropriated for  the
  purposes  of  this  section shall be available for expenditure from such
  appropriation until a certificate of approval has  been  issued  by  the
  director  of  the  budget  and copies of such certificate filed with the
  state comptroller, the chairman of the senate finance committee, and the
  chairman of the assembly ways and means committee.