N.Y. Navigation Law 79-B – Vessel and equipment anti-theft program; eligibility for state aid
§ 79-b. Vessel and equipment anti-theft program; eligibility for state aid. 1. The commissioner of parks, recreation and historic preservation shall establish a vessel and related equipment anti-theft program, which shall be applicable on all waterways or bodies of water located within New York state or that part of any body of water adjacent to New York state over which the state has territorial jurisdiction, and on which watercraft may be used or operated. Such program shall include, but need not be limited to provisions relating to the reporting of vessel and related equipment theft, the dissemination of information relating to vessel and related equipment theft, personnel training, the establishment of a system to aid in the identification of stolen vessels and related law enforcement functions.
Terms Used In N.Y. Navigation Law 79-B
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Authorized expenditures: shall mean those expenditures determined by the commissioner to be reasonable and necessary for the adequate and proper enforcement of the provisions of this chapter, and for implementing an accident reporting system and vessel and related equipment anti-theft program and/or an "I love NY waterways" boating safety program and/or a boating noise level enforcement program. See N.Y. Navigation Law 79-A
- Eligible governmental entity: shall mean the Lake George park commission or a county enforcing the provisions of this chapter and having an accident reporting system and vessel and related equipment anti-theft program and/or an "I love NY waterways" boating safety program and/or boating noise level enforcement program approved by the commissioner. See N.Y. Navigation Law 79-A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Program year: shall mean the calendar year. See N.Y. Navigation Law 79-A
- State aid: shall mean payments by the state to an eligible governmental entity in accordance with the provisions of this article. See N.Y. Navigation Law 79-A
* 1-a. The commissioner shall establish an "I love NY waterways" boating safety program which shall be applicable on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties. Such program shall include boating safety and accident prevention education and measures to reduce alcohol-related boating accidents and injuries.
* NB There are 2 sb 1-a's
* 1-a. The commissioner shall establish a boating noise level enforcement program which shall be applicable on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties.
* NB There are 2 sb 1-a's
2. Each eligible governmental entity shall be entitled to receive state aid as hereinafter provided. An entity seeking reimbursement for expenditures incurred in enforcement of this chapter and participation in approved accident reporting and anti-theft programs and/or an "I love NY waterways" boating safety program and/or a boating noise level enforcement program shall submit to the commissioner by October first of each year an estimate of such expenditures for the current calendar year, in such form and containing such information as he may require. Within one month after the close of the calendar year, it shall submit to the commissioner a statement of authorized expenditures actually incurred, in such form and containing such information as he may require.
3. The amount of state aid to be allocated to eligible governmental entities pursuant to this article shall be determined by the commissioner as hereinafter provided. The commissioner shall determine the percentage proportion which the authorized expenditures of each individual entity, not exceeding four hundred thousand dollars for each county including municipalities therein, shall bear to the total authorized expenditures of all entities. Such percentage proportion shall then be applied against an amount equal to one-half of the total of the amount received by the state in each preceding program year in vessel registration fees as provided in § 2251 of the vehicle and traffic law, less no more than thirty percent, subject to appropriation, which may be used by the commissioner and the commissioner of motor vehicles for administrative costs of the program, including training and equipment, and by the department of environmental conservation, the division of state police and other state agencies, subject to the approval of the commissioner, for the purposes of this article, plus the entire amount received pursuant to subdivision nine of section forty-four of this chapter. The amount thus determined shall constitute the maximum amount of state aid to which each such entity shall be entitled; provided, however, that no entity shall receive state aid in an amount in excess of fifty percent of its authorized expenditures as approved by the commissioner for such program year. The commissioner shall certify to the comptroller the amount thus determined for each eligible local governmental entity as the amount of state aid to be apportioned to such eligible local governmental entity. The allocation of state aid to any county, town or village within the Lake George park shall not be reduced because of the allocation of state aid to the Lake George park commission. Of the remaining funds received by the state for the registration of vessels as provided in § 2251 of the vehicle and traffic law, no less than six percent shall be made available to the commissioner for the expenses of the office in providing navigation law enforcement training and administering the provisions of this section.
4. The amount of funds historically appropriated by any municipality receiving funding pursuant to this article shall not be reduced because of the availability of appropriations from such fund.