2006 New York Code - Expenses Of Administering Article.

 
    § 363. 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 costs of maintence 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  or 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,  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 director of  the
  budget  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, partial payments
  shall  not  be  made  and  the  total  amount shall be paid on or before
  September thirtieth of the fiscal year.
    3.  Final  assessment.  (a)  The  commissioner  and  the   comptroller
  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 carrier.
    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.