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This entry was published on 2018-04-27
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SECTION 317
Expenses of administering article
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 6
§ 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.