N.Y. Executive Law § 534-w: Annual preparation of a budget request and assessments

§ 534-w. Annual preparation of a budget request and assessments. 1.

The commission shall annually submit a budget request, which shall be

submitted to the director of the budget in such form as the director may

require.

2. After taking into account such funds as may be available, the

balance of the commission's budgeted expenses shall be assessed upon

employers of persons registered or licensed under this act. Each such

employer shall pay an assessment computed upon the gross payroll

payments made by such employer to longshore workers, pier

superintendents, hiring agents and security officers for work or labor

performed within the port of New York district in this state, at a rate,

not in excess of two per cent, computed by the commission in the

following manner: the commission shall annually estimate the gross

payroll payments to be made by employers subject to assessment and shall

compute a rate thereon which will yield revenues sufficient to finance

the commission's budget for each year. Such budget to be assessed upon

employers may include a reasonable amount not to exceed ten percent of

the total of all other items of expenditure contained therein, which

shall be allocated to an applicable fund balance to be held in the

commission's employers assessment account.

3. The commission may provide by regulation for the collection and

auditing of assessments. Such assessments shall be payable pursuant to

such provisions for administration, collection and enforcement as the

state may provide by legislation. In addition to any other sanction

provided by law, the commission may revoke or suspend any license held

by any person under this article, or the person's privilege of employing

persons registered or licensed hereunder, for non-payment of any

assessment when due.

4. The assessment pursuant to this section shall be in lieu of any

other charge for the issuance of licenses to stevedores, pier

superintendents, hiring agents and security officers or for the

registration of longshore workers or the use of an employment

information center. The commission shall establish reasonable procedures

for the consideration of protests by affected employers concerning the

estimates and computation of the rate of assessment.