Section 17. Expenses of department; assessments

1. All expenses, including
  the compensation of officers and employees of the  department,  incurred
  in  and  about  the  conduct  of  the business of the department, except
  expenses incurred in the liquidation of banking organizations, including
  compensation  of  officers  and  employees  engaged  primarily  in  such
  liquidation,  shall be paid out of the state treasury on the certificate
  of the superintendent upon the audit and warrant of the comptroller. The
  state  treasury  shall  be  reimbursed  by  payments  thereto   by   the
  superintendent  of  fees  and  assessments  collected  by  him or her in
  accordance with this section.
    2. All general expenses, including in addition to the direct costs  of
  personal  service,  the  cost  of maintenance and operation, the cost of
  retirement contributions made and workers' compensation premiums paid by
  the state for or on account of personnel, rentals for space occupied  in
  state  owned  or state leased buildings and all other direct or indirect
  costs, incurred in connection with the  supervision  of  any  person  or
  entity   licensed,  registered,  or  incorporated  or  otherwise  formed
  pursuant to this chapter shall be charged to and paid by  them  in  such
  proportions  as  the  superintendent shall deem just and reasonable. The
  provisions of this subdivision shall not be applicable to a bank holding
  company, as that term is defined in article three-A of this chapter.
    The superintendent shall require that partial payments of the  charges
  for  expenses  of  each  fiscal year commencing on or after April first,
  nineteen hundred eighty-three shall  be  paid  on  March  tenth  of  the
  preceding  fiscal  year  and on June tenth, September tenth and December
  tenth of the fiscal year, or on such other dates as  the  superintendent
  may  prescribe.  Each  such  payment  shall  be equal to twenty-five per
  centum of the charges, or such other per centum or per  centums  as  the
  superintendent  may  prescribe,  for the fiscal year as estimated by the
  superintendent. The balance of the expenses shall be  charged  and  paid
  upon  the  determination  of  the  actual  amount due. An overpayment of
  charges resulting from the requirements of  this  subdivision  shall  be
  refunded  or  at the option of the assessed shall be applied as a credit
  against the charges for the succeeding fiscal year. As  an  alternative,
  if  the  estimated annual charge 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.
    3.  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 article three-A of this chapter, or any  other  person  or
  entity   licensed,  registered,  or  incorporated  or  otherwise  formed
  pursuant to this chapter, shall be assessed as provided  in  subdivision
  two  of  this  section; provided, however, the superintendent, in his or
  her 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
  person  or  entity  licensed,  registered,  or incorporated or otherwise
  formed pursuant  to  this  chapter  for  which  they  were  incurred  or
  performed.
    4.  The expenses incurred in making an examination of any affiliate of
  a banking organization pursuant to subdivision six of section thirty-six
  of this chapter, and the expenses incurred  in  making  an  examination,
  pursuant  to subdivision six-a of section thirty-six of this chapter, 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 subdivision three of this section.
    5.  Notwithstanding the provisions of subdivision two of section three
  hundred seventy-three,  subdivisions  two  and  three  of  section  five
  hundred  ninety-five,  or  any  other  provision  of this chapter to the
  contrary, the superintendent may, in his or her  sole  discretion,  upon
  notice,  suspend  any  license,  registration,  certificate or authority
  granted pursuant to this chapter upon  the  failure  of  any  person  or
  entity   licensed,  registered,  or  incorporated  or  otherwise  formed
  pursuant to this chapter to make any payment as required by this section
  upon the date or dates so designated by the superintendent, and,  except
  as  provided  pursuant  to  subdivision  one  of  section  five  hundred
  ninety-two-a  of  this  chapter,  the  superintendent  may  revoke  such
  suspended  license, registration, certificate or authority, after notice
  and hearing, for continued failure of such person or entity to make such
  payment, unless the superintendent,  in  his  or  her  sole  discretion,
  extends the time for making such payment, upon good cause shown.
    6.  Fees as such term is used in subdivision one of this section shall
  mean fees charged  and  collected  pursuant  to  sections  eighteen  and
  eighteen-a of this article, and article twelve-E of this chapter.