Legislation
SECTION 534-W
Annual preparation of a budget request and assessments
Executive (EXC) CHAPTER 18, ARTICLE 19-I
§ 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.
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.