Sec. 15-155. Fees for numbering and registration of vessels. Certain amounts to be allocated to boating account and additional amounts to towns, in lieu of property tax on vessels.
Sec. 15-155. Fees for numbering and registration of vessels. Certain amounts
to be allocated to boating account and additional amounts to towns, in lieu of property tax on vessels. (a) All revenue received by the state, annually, for the twelve-month
period from November first to October thirty-first, inclusive, in fees for the numbering
and registration of vessels under section 15-144 shall be paid to the Treasurer and allocated and distributed as follows: (1) The first one million dollars, and any balance in
excess of the amounts required under subdivision (2) of this subsection, shall be deposited in the Conservation Fund and credited to the separate account known as the boating
account and (2) an amount equal to the amount of property tax paid on vessels on the
assessment list of October 1, 1978, in each town, as defined in section 15-127, to the
extent such revenue is sufficient, shall be distributed to such towns in lieu of property
tax on vessels in the manner set forth and as determined by section 15-155b. The boating
account shall be an account of the Conservation Fund. In the event that total revenue
from such fees for any period of twelve months from November first to October thirty-first next following, inclusive, is less than the amount necessary to credit the sum of
one million dollars to the boating account, as provided under subdivision (1) of this
subsection, and make such distribution equivalent to the total of certain property taxes
paid on vessels in each town, as provided under subdivision (2) of this subsection, the
additional amount necessary to provide for such credit and payment in full shall be
allocated for such purpose from any unallocated funds in the boating account, as determined immediately following the end of such period of twelve months.
(b) The boating account shall be used for the following purposes: (1) All expenses
incurred by the Commissioner of Motor Vehicles and the Commissioner of Environmental Protection in the administration and enforcement of this part and the laws and regulations of the state respecting boating safety and water pollution from vessels, and any
payments in accordance with subsection (a) of this section that may be necessary for
purposes of the distribution to towns in lieu of property tax on vessels. (2) Expenditures
for boating safety, boating education, marine patrols and enforcement training programs,
and for the acquisition, construction, maintenance and improvement of recreational and
navigational facilities related to boating. (3) Any town which incurs expenses in the
enforcement of this part or any law or regulation of the state respecting boating safety,
vessel theft prevention or recovery, search and rescue or water pollution from vessels
shall be entitled to reimbursement from such moneys in said account as are not provided
for under subdivision (2) of this subsection. On or before the first day of December each
year, each town desiring such reimbursement shall submit its request to the Commissioner of Environmental Protection with a verified statement of expenses so incurred
during the preceding year. Upon receipt of such request on a form prescribed by the
Commissioner of Environmental Protection said commissioner shall allow such expenses as he finds were reasonable and necessary and shall certify such amounts to the
Comptroller for payment to the requesting town. If funds are insufficient to reimburse
in full each town so applying, reimbursement shall be made on a pro rata basis. The
determination of the amounts available for reimbursement under this subsection shall
be made by the Commissioner of Environmental Protection annually in the month of
November. (4) The balance of such revenue remaining after payment of the foregoing
expenses shall be allocated for use of the several towns for boating safety education
and for the construction, maintenance and improvement of boating facilities. Any town
desiring to obtain such funds shall apply to the Commissioner of Environmental Protection, giving such information about the proposed use as he may require. Said commissioner may approve payment to any municipality, in amounts not exceeding two thousand dollars per town per year, upon satisfactory evidence that the proposed use has
been approved as prescribed by law by the legislative body of the requesting town, that
it is needed for the safety or convenience of the boating public, that it is not in conflict
with any program planned or undertaken by any agency of the state and that it will not
adversely affect any privately-owned and operated boating facility.
(c) The Commissioners of Environmental Protection and Motor Vehicles shall annually on or before December thirty-first, submit separate reports to the joint standing
committee of the General Assembly having cognizance of matters relating to state finance, revenue and bonding, on the operation of the boating account. The report shall
contain a detailed statement of expenditures related to each of the purposes set forth in
subsection (b) for the twelve-month period ending October thirty-first, a projected budget for such purposes for the next succeeding twelve-month period and recommendations, if any, concerning the operation of the account and the boating safety and enforcement programs.
(1961, P.A. 506, S. 22; 1963, P.A. 564, S. 2; 1971, P.A. 872, S. 392; P.A. 73-257, S. 20, 27; P.A. 76-365, S. 1, 2; P.A.
81-423, S. 15, 25; P.A. 82-436, S. 5, 11; 82-472, S. 49, 183; P.A. 83-266, S. 1, 4; 83-587, S. 30, 96; P.A. 84-495, S. 2, 4;
P.A. 86-418, S. 2, 3; P.A. 94-130, S. 10.)
History: 1963 act provided revenue be maintained in separate fund, that 10% be retained against future administrative
expenses and that town reimbursement should be only from the balance, and it further provided for pro rata reimbursement
of towns where funds were insufficient to pay in full and stated that amounts available for reimbursement to be made from
balance remaining after fiscal year in Subdiv. (2); 1971 act replaced "commission", referring to boating commission, with
"commissioner", referring to commissioner of environmental protection; P.A. 73-257 clarified expenses which may be
incurred, added reference to commissioner of motor vehicles and replaced "commissioner" with "commissioner of environmental protection" to avoid confusion; P.A. 76-365 amended Subdiv. (a) to add proviso re confidentiality of information;
P.A. 81-423 provided for allocation of vessel registration fees for purposes of administration and enforcement of registration
requirements, boating safety and the distribution to towns in lieu of property tax on vessels and added Subsec. (c) re
disposition of balance remaining after distribution requirements met, effective July 1, 1981, and applicable in any municipality to assessment year commencing October 1, 1981, and thereafter; P.A. 82-436 amended Subsec. (a) by increasing the
amount credited to the boating fund annually from $600,000 to $800,000 and adding reference to the definition in Sec.
15-127 with respect to "town" as used in this section, and amended Subsec. (c) by eliminating the refund provision which
would have been implemented in the event funds from fee collection were available after distributions in accordance with
Subsecs. (a) and (b), resulting in distribution of the entire amount of any such excess in accordance with the credit procedure
in Subsec. (c); P.A. 82-472 made a technical correction; P.A. 83-266 amended Subsec. (b) to provide that determination
of the amount in boating fund available for reimbursement to towns for expenses incurred in enforcement of boating laws
shall be made by commissioner of environmental protection annually in November; P.A. 83-587 made technical change;
P.A. 84-495 provided that the first $1,000,000 in fees for the numbering and registration of vessels in any year shall be
allocated to the boating fund and that the system of credits against future registrations be deleted in Subsec. (c) and in lieu
thereof annual reports are to be required from the commissioners of environmental protection and motor vehicles concerning
the operation and financial status of the boating fund; P.A. 86-418 amended Subsec. (a) to authorize allocation of amounts
from unallocated funds of the boating fund if fees paid are less than the amounts specified in Subdivs. (1) and (2) of this
Subsec., and amended Subsec. (b) to authorize expenditures from the boating fund for payments for distribution to towns
in lieu of property taxes on vessels and for boating education and marine patrols, effective June 10, 1986, with respect to
fiscal years ending on or after October 31, 1985, for boat registration fees; P.A. 94-130 changed name of fund from "boating
fund" to "boating account" and made said account an account of the Conservation Fund.