S T A T E   O F   N E W   Y O R K
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                                  4221

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law, in relation to assessments to  defray
  operating expenses of the department

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (a) of section 332  of  the  insurance  law,  as
amended  by  chapter  61  of  the  laws  of  1989, is amended to read as
follows:
  (a) The expenses of the department,  excluding  the  expenses  of  the
supervision  of  employee  welfare funds, for any fiscal year, including
all direct [and indirect] costs, as approved  by  the  director  of  the
budget  and  audited by the comptroller, except as otherwise provided by
sections one hundred fifty-one and two hundred twenty-eight of the work-
ers' compensation law and by section sixty of the  volunteer  firefight-
ers'  benefit law, shall be assessed by the superintendent pro rata upon
all domestic insurers and all licensed United States branches  of  alien
insurers domiciled in this state within the meaning of paragraph four of
subsection  (b)  of  section  seven  thousand four hundred eight of this
chapter, in proportion to the gross direct premiums and other  consider-
ations,  written  or  received by them in this state during the calendar
year ending December thirty-first immediately preceding the end  of  the
fiscal  year  for which the assessment is made (less return premiums and
considerations thereon) for policies or contracts of insurance  covering
property  or  risks  resident  or  located in this state the issuance of
which policies or contracts requires a license from the  superintendent;
and  the  superintendent 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 and subsection (b)
[hereof] OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08695-01-1

              

A. 4221                             2

  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.