2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 3 - SAFETY RESPONSIBILITY; FINANCIAL SECURITY; EQUIPMENT; INSPECTION; SIZE AND WEIGHT; AND OTHER PROVISIONS
Article 7 - (330 - 368) MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
363 - 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  department
  of  financial  services  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.