§ 317. Expenses of administering article. 1. The total amount of\nexpenses incurred in connection with the administration of this article\nshall be paid by all insurance carriers which issue policies or\ncontracts of automobile bodily injury insurance risks subject to this\narticle resident or located in this state in accordance with the\nprovisions of this section.\n 2. Estimate of expenses. (a) The commissioner annually, as soon as\npracticable, shall estimate the total amount of expenses which shall be\nincurred during the succeeding fiscal year in connection with the\nadministration of this article. Such expenses, in addition to the direct\ncosts of personal service, shall include the cost of maintenance and\noperation, the cost of retirement contributions made and workers'\ncompensation premiums paid by the state for or on account of personnel,\nrentals for space occupied in state-owned or state-leased buildings, the\namounts paid to a city, county, town, village or the division of state\npolice for the enforcement of orders issued pursuant to this article and\nall other direct or indirect costs.\n (b) The commissioner shall on or before February first assess the\ntotal amount of such expenses, as so estimated, pro rata upon all\ninsurance carriers subject to the provisions of this section in\nproportion to the premiums reported by such carriers to the department\nof financial services for policies or contracts of automobile bodily\ninjury insurance on risks subject to this article resident or located in\nthis state for the year prior to the previous calendar year.\n (c) For fiscal years beginning on and after April first, nineteen\nhundred eighty-three, each such insurance carrier shall make partial\npayments of the assessment levied against it as follows, one-quarter of\nthe total on March tenth of the preceding fiscal year and one-quarter on\nJune tenth, one-quarter on September tenth, and the balance on December\ntenth of the fiscal year, or on such other dates as the budget director\nmay prescribe. Provided, however, that the payment due March tenth,\nnineteen hundred eighty-three for the fiscal year beginning April first,\nnineteen hundred eighty-three shall not be required to be paid until\nJune tenth, nineteen hundred eighty-three. If the total amount due from\nany such carrier is less than one hundred dollars, no partial payment\nshall be made and the total amount due shall be paid on or before\nSeptember thirtieth of the fiscal year.\n 3. Final assessment. (a) The commissioner and the department of audit\nand control annually, as soon as practicable after April first, shall\nascertain the total amount of expenses incurred during the preceding\nfiscal year in connection with the administration of this article. An\nitemized statement of the expenses so ascertained shall be open to\npublic inspection in the office of the commissioner for thirty days\nafter notice to those liable to be assessed for such expenses.\n (b) As soon as practicable after January first, each insurance carrier\nsubject to the provisions of this section shall file with the\ncommissioner a report of the total amount of gross direct premiums, less\nreturn premiums thereon received during the preceding calendar year for\npolicies or contracts of automobile bodily injury insurance on risks\nsubject to this article resident or located in this state.\n (c) The commissioner shall then determine the amount of expenses due\nfrom each insurance carrier subject to the provisions of this section\nbased upon the final determination of total expenses and the final\namount of premiums filed by the insurance carriers and shall notify each\nsuch insurance carrier of such assessment. Within thirty days of receipt\nof such notification each such carrier shall pay the total amount of\nsuch assessment less the total amount paid as a result of the estimated\nassessments. If the total amount of the final assessment is less than\nthe amount already paid, such
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.