NY Fin Serv L § 206 (2021)
2021 New York Laws FIS - Financial Services Law Article 2 - Organization of the Department of Financial Services 206 - Assessments to Defray Operating Expenses of the Department.

§ 206. Assessments to defray operating expenses of the department. (a) For  each  fiscal  year commencing on or after April first, two thousand twelve, assessments to defray operating expenses, including  all  direct and  indirect  costs, of the department, except expenses incurred in the liquidation  of  banking  organizations,  shall  be  assessed   by   the superintendent  in  accordance  with  this subsection. Persons regulated under the insurance law shall be assessed by the superintendent for  the operating  expenses  of  the  department that are solely attributable to regulating persons under the insurance  law,  which  shall  include  any expenses  that  were  permissible  to  be  assessed  in  fiscal year two thousand nine-two thousand ten, with the assessments allocated 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 the insurance law, in proportion to the gross direct premiums and  other considerations,  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.  Persons  regulated  under  the  banking  law  shall  be assessed  by  the  superintendent  for  the  operating  expenses  of the department that are solely attributable to regulating persons under  the banking  law  in  such proportions as the superintendent shall deem just and reasonable. Operating expenses of the department not covered by  the assessments  set  forth above shall be assessed by the superintendent in such proportions as the superintendent shall deem  just  and  reasonable 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 the insurance law, and upon any regulated person under the banking  law, other  than  mortgage  loan originators, except as otherwise provided by sections one hundred fifty-one  and  two  hundred  twenty-eight  of  the workers'  compensation  law  and  by  section  sixty  of  the  volunteer firefighters' benefit law. The provisions of this subsection  shall  not be  applicable  to  a  bank  holding company, as that term is defined in article three-A of the banking law. Persons regulated under the  banking law  will  not be assessed for expenses that the superintendent deems to benefit solely persons regulated under the insurance  law,  and  persons regulated under the insurance law will not be assessed for expenses that the  superintendent  deems to benefit solely persons regulated under the banking law.  (b) For each fiscal year commencing  on  or  after  April  first,  two thousand  twelve, a partial payment shall be made by each entity subject to this section in a sum equal to twenty-five per centum, or such  other per  centum  or  per centums as the superintendent may prescribe, of the annual expenses assessed upon it for the fiscal year as estimated by the superintendent. Such payment  shall  be  made  on  March  tenth  of  the preceding  fiscal  year  and on June tenth, September tenth and December tenth of each year, or at such other dates  as  the  superintendent  may prescribe.  The balance of assessments for the fiscal year shall be paid upon determination of the actual  amount  due  in  accordance  with  the provisions  of  this  section.  Any  overpayment  of  annual  assessment resulting from complying with the requirements of this subsection  shall be applied against the next estimated quarterly assessment, if less than or equal to such amount, with any excess refunded to the assessed. As an alternative,  if  the estimated annual assessment for the fiscal year is  equal to  or  less  than  the  annual  minimum  assessment  set  by  the superintendent,  the  superintendent may require full payment to be made on or before September thirtieth or such other date of the  fiscal  year as the superintendent may determine.  (c)  The  expenses  incurred in making examinations of, or for special services performed on account of, any bank holding company, as that term is defined in the banking law, or any regulated person under the banking law, shall be assessed provided, however, that  the  superintendent,  in the  superintendent's  sole  discretion,  may determine, with respect to expenses  incurred  in  the  making  of  any  specific  examination   or investigation,  or the performing of any special services, that any such expense shall be assessed against and paid by the bank  holding  company or  any other regulated person under the banking law for which they were incurred or performed.  (d) The expenses incurred in making an examination of any affiliate of a banking organization pursuant to the banking  law,  and  the  expenses incurred  in  making  an  examination, pursuant to the banking law, of a non-banking subsidiary of a corporation or any other entity that  is  an affiliate  of a banking organization, shall be assessed against and paid by such  banking  organization  if  the  affiliate  cannot  be  assessed pursuant to the provisions of the banking law.  (e)  The  superintendent may, in the superintendent's sole discretion, upon notice, suspend the license, registration, certificate or authority (for purposes of this section, a license) granted to any person pursuant to this chapter, the banking law or insurance law, upon the  failure  of such  person  to make any payment required by this section within thirty days after the due date. If the superintendent has  suspended  any  such license, such license may be reinstated if the superintendent determines that such person has made any such payments within ninety days after the date of such notice of suspension. Otherwise, unless the superintendent, in  the  superintendent's sole discretion, has extended such suspension, the  license  of  such  person  shall  be  deemed  to  be  automatically terminated  by  operation  of  law  at  the  close  of  business on such ninetieth day.  (f) (1) The expenses of  every  examination  of  the  affairs  of  any regulated person subject to the insurance law, including an appraisal of such  regulated  person's real property or of any real property on which such regulated person holds a mortgage, made pursuant to  the  authority conferred  by  any  provision  of this chapter, the insurance law or the banking law, shall  be  borne  and  paid  by  the  regulated  person  so examined,  but the superintendent, with the approval of the comptroller, may in the superintendent's discretion for good cause shown  remit  such charges.  (2)  (A)  For  any  such examination by the superintendent or a deputy superintendent personally, the charge made shall be only  for  necessary traveling  expenses  and  other actual expenses. In all other cases, the expenses  of  examination  shall  also  include  reimbursement  for  the compensation   paid   for  the  services  of  persons  employed  by  the superintendent  or  by  the  superintendent's  authority  to  make  such examination or appraisal.  (B) Notwithstanding any provisions of this section to the contrary, in case  of  an  examination or appraisal of a domestic insurer made within this state, the traveling and living expense of the  person  or  persons making  the  examination  shall  be  considered  a cost of operation, as referred to in section three hundred thirty-two of the insurance law and not an expense of examination.  (3) All  charges,  including  necessary  traveling  and  other  actual expenses,  except as hereinabove provided, as audited by the comptroller  and paid on the  comptroller's  warrant  in  the  usual  manner  by  the comptroller   to  the  person  or  persons  making  the  examination  or appraisal, shall be presented to the insurer, or other person whose duty it  is  to  pay  the  same,  in  the form of a copy of the itemized bill therefor as certified and approved  by  the  superintendent  or  by  any deputy  superintendent  or  authorized  employee of the department. Upon receiving such certified copy the insurer or other person whose duty  it is   to   pay   such  charges  shall  pay  the  amount  thereof  to  the superintendent,  to  be  paid  by  the  superintendent  into  the  state treasury.