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This entry was published on 2014-09-22
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SECTION 79-B
Vessel and equipment anti-theft program; eligibility for state aid
Navigation (NAV) CHAPTER 37, ARTICLE 4-A
§ 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.

* 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 section twenty-two hundred
fifty-one 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 section
twenty-two hundred fifty-one 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.