94 - Assessment to defray operating expenses of the department.
§ 94. Assessment to defray operating expenses of the department. 1. For the fiscal year commencing on April first, nineteen hundred eighty-three and for each fiscal year thereafter, the expenses of the department for administering and enforcing motor carrier safety and economic regulation pursuant to articles six, seven, eight and nine of this chapter, exclusive of those expenses related to the safety inspection of vehicles, shall be assessed by the commissioner in the form of a fee for the registration of interstate operation pursuant to section ninety-two of this article and an annual vehicle regulatory fee imposed upon all motor vehicles required to be registered under section ninety-three of this article. 2. The annual vehicle registration fee referred to in subdivision one of this section shall be established and levied by the commissioner subject to the approval of the director of the division of the budget in an amount that is sufficient to raise funds to defray the expenses of the department in administering and enforcing motor carrier safety and economic regulation pursuant to articles six, seven, eight and nine of this chapter exclusive of those expenses related to the safety inspection of vehicles. Such expenses shall consist of the direct costs of personal service, the cost of maintenance and operation, retirement contributions, workers' compensation premiums, and health and dental premiums which are paid by the state for or on account of personnel involved in motor carrier regulation and any other direct costs involved in administering and enforcing motor carrier regulations as deemed appropriate by the commissioner. The commissioner may promulgate any rules and regulations necessary to establish and administer the annual vehicle registration fee except that in case of interstate carriers the annual vehicle registration fee shall not exceed the limit established by federal law or regulation for interstate carriers. 3. With respect to the annual vehicle registration fee imposed by this section, the commissioner is authorized to enter into reciprocity agreements or compacts with other state and provincial jurisdictions exempting vehicles domiciled in such other state or provincial jurisdiction from the annual vehicle registration fee to the extent that such state or provincial jurisdiction agrees to exempt vehicles domiciled in this state from similar fees. 4. All fees charged and collected by the commissioner hereunder shall be deposited to the miscellaneous special revenue fund - transportation regulation account for the purposes established in this section.