53:2-30 Annual adoption of budget.

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25. a. The division shall annually adopt a budget of its expenses for each year for the purposes of its duties and responsibilities under P.L.2017, c.324 (C.32:23-229 et al.). Each budget shall be submitted to the Governor and the budget shall be adjusted accordingly.

b. After taking into account funds as may be available to the division from reserves, federal grants or otherwise, the balance of the division's budgeted expenses for the performance of its functions and duties under P.L.2017, c.324 (C.32:23-229 et al.) shall be assessed upon employers of persons registered or licensed pursuant to P.L.2017, c.324 (C.32:23-229 et al.). Each employer shall pay to the State Treasurer, for placement within the General Fund, an assessment computed upon the gross payroll payments made by that employer to longshoremen, pier superintendents, hiring agents, and port watchmen for work or labor performed within the port of New York district in this State, at a rate, not in excess of two percent, computed by the division in the following manner: the division 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 division's budget for the performance of those functions and duties under P.L.2017, c.324 (C.32:23-229 et al.) for each year.

That budget may include a reasonable amount for a reserve, but the amount shall not exceed 10 percent of the total of all other items of expenditure contained therein. The reserve shall be used for the stabilization of annual assessments, the payment of operating deficits, and for the repayment of advances made by the State, if any.

c. The amount required to balance the division's budgeted expenses for the performance of its functions and duties under P.L.2017, c.324 (C.32:23-229 et al.), in excess of the estimated yield of the maximum assessment, shall be certified by the division, with the approval of the Governor, in proportion to the gross annual wage payments made to longshoremen for work within the port of New York district in this State. The Legislature shall annually appropriate to the division the amount so certified.

d. The division may provide by regulation for the collection and auditing of assessments. In addition to any other sanction provided by law, the division may revoke or suspend any license held by any person under P.L.2017, c.324 (C.32:23-229 et al.), or the person's privilege of employing persons registered or licensed hereunder, for non-payment of any assessment when due.

e. The assessment hereunder shall be in lieu of any other charge for the issuance of licenses to stevedores, pier superintendents, hiring agents, and port watchmen or for the registration of longshoremen or use of an employment information center. The division shall establish reasonable procedures for the consideration of protests by affected employees concerning the estimates and computation of the rate of assessment.

L.2017, c.324, s.25.