2018 New York Laws
VAT - Vehicle and Traffic
Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
Article 6 - Motor Vehicle Financial Security Act
317 - 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  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  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.