2006 New York Code - Expenses Of Administering Article.

 
    § 317. Expenses  of  administering  article.  1.  The  total amount of
  expenses incurred in connection with the administration of this  article
  shall  be  paid  by  all  insurance  carriers  which  issue  policies or
  contracts of automobile bodily injury insurance risks  subject  to  this
  article  resident  or  located  in  this  state  in  accordance with the
  provisions of this section.
    2. Estimate of expenses. (a) The commissioner  annually,  as  soon  as
  practicable,  shall estimate the total amount of expenses which shall be
  incurred during the  succeeding  fiscal  year  in  connection  with  the
  administration of this article. Such expenses, in addition to the direct
  costs  of  personal  service,  shall include the cost of maintenance and
  operation, the  cost  of  retirement  contributions  made  and  workers'
  compensation  premiums paid by the state for or on account of personnel,
  rentals for space occupied in state-owned or state-leased buildings, the
  amounts paid to a city, county, town, village or the division  of  state
  police for the enforcement of orders issued pursuant to this article and
  all other direct or indirect costs.
    (b)  The  commissioner  shall  on  or before February first assess the
  total amount of such expenses,  as  so  estimated,  pro  rata  upon  all
  insurance  carriers  subject  to  the  provisions  of  this  section  in
  proportion to the premiums reported by such carriers  to  the  insurance
  department  for  policies  or  contracts  of  automobile  bodily  injury
  insurance on risks subject to this article resident or located  in  this
  state for the year prior to the previous calendar year.
    (c)  For  fiscal  years  beginning  on and after April first, nineteen
  hundred eighty-three, each such insurance  carrier  shall  make  partial
  payments  of the assessment levied against it as follows, one-quarter of
  the total on March tenth of the preceding fiscal year and one-quarter on
  June tenth, one-quarter on September tenth, and the balance on  December
  tenth  of the fiscal year, or on such other dates as the budget director
  may prescribe.  Provided, however, that the  payment  due  March  tenth,
  nineteen hundred eighty-three for the fiscal year beginning April first,
  nineteen  hundred  eighty-three  shall  not be required to be paid until
  June tenth, nineteen hundred eighty-three. If the total amount due  from
  any  such  carrier  is less than one hundred dollars, no partial payment
  shall be made and the total amount  due  shall  be  paid  on  or  before
  September thirtieth of the fiscal year.
    3.  Final assessment. (a) The commissioner and the department of audit
  and control annually, as soon as practicable after  April  first,  shall
  ascertain  the  total  amount  of expenses incurred during the preceding
  fiscal year in connection with the administration of  this  article.  An
  itemized  statement  of  the  expenses  so  ascertained shall be open to
  public inspection in the office of  the  commissioner  for  thirty  days
  after notice to those liable to be assessed for such expenses.
    (b) As soon as practicable after January first, each insurance carrier
  subject   to  the  provisions  of  this  section  shall  file  with  the
  commissioner a report of the total amount of gross direct premiums, less
  return premiums thereon received during the preceding calendar year  for
  policies  or  contracts  of  automobile bodily injury insurance on risks
  subject to this article resident or located in this state.
    (c) The commissioner shall then determine the amount of  expenses  due
  from  each  insurance  carrier subject to the provisions of this section
  based upon the final determination  of  total  expenses  and  the  final
  amount of premiums filed by the insurance carriers and shall notify each
  such  insurance  carrier  of  such  assessment.    Within thirty days of
  receipt of such notification each  such  carrier  shall  pay  the  total
  amount  of such assessment less the total amount paid as a result of the
  estimated assessments. If the total amount of the  final  assessment  is
  less than the amount already paid, such excess payment shall be refunded
  to  such  insurance  carrier or at the option of the assessed applied to
  assessments  for  the  succeeding  fiscal  year  as  requested  by  such
  insurance carriers.
    (d)  To  fully  fund  such  pilot database system and bar code program
  established pursuant  to  subdivision  four  of  section  three  hundred
  thirteen  of  this article, the commissioner shall utilize the following
  three sources of revenue: (1) twenty-five percent of all civil penalties
  imposed upon persons fined pursuant  to  paragraph  (b)  of  subdivision
  one-a  of  section  three  hundred  eighteen of this article, (2) monies
  obtained from grants that may be awarded to the  commissioner  from  the
  motor  vehicle  theft  and  insurance fraud prevention fund, and (3) pro
  rata assessments upon all insurance carriers subject to  the  provisions
  of  this  section  in  proportion to the premium estimates filed by such
  carriers.
    4. The commissioner shall levy and collect such  assessments  and  pay
  the  same  into the state treasury, subject to the provisions of section
  one hundred twenty-one of the state finance law.