Complicated?
There are some complications, mostly constitutional. An amendment to our state constitution, Part I, Article 28-a, says that the state cannot require political subdivisions (towns) to perform duties unless they are compensated ("Unfunded Mandates'). Passed in 1984:"The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state ..." This says to me that the town can't waive the fee because the state is required to provide funding. What about...XYZ? If XYZ was in place before 1984, , 28-a may not apply. One way around this is to make bills "enabling legislation" so your town is allowed, but not required to...If you register at a marina, they get the $5 and the tax goes to the town. The registration fee goes to the state and is split up to Navigation Safety fund, F & G etc per the biennial budget. Towns around the lake get considerable funds which mostly they put back into public docks and other waterfront amenities.
|