Dedicates certain funds for fish and wildlife purposes.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to amend the state finance law, in relation to dedicating certain funds for fish and wildlife purposes
PURPOSE: This bill would amend the state finance law, in relation to dedicating certain funds for fish and wildlife purposes.
SUMMARY OF PROVISIONS: Section 1 - Amends paragraph 1 of subdivision a of section 83 of the state finance law, as amended by chapter 512 of the laws of 1994.
Section 2 - Effective date.
JUSTIFICATION: This bill would provide protection from any future raids to the Conservation Fund which would jeopardize Federal fish and wildlife funding. The Federal Government recently notified the state that it could be at risk for losing federal fish and wildlife funding due to the lack of statutory language prohibiting the raiding of funds from the conservation fund for any purpose other than those designated under law.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7342 IN SENATE May 2, 2012 ___________Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to dedicating certain funds for fish and wildlife purposes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision a of section 83 of the state finance law, as amended by chapter 512 of the laws of 1994, is amended to read as follows: 1. The conservation fund shall consist of all moneys belonging to the state received by the department of environmental conservation from the sale of licenses for hunting, for trapping, and for fishing, all moneys received in actions for penalties under articles eleven and thirteen of the environmental conservation law and subdivision two of section 71-1929 of the environmental conservation law, or upon the settlement or compromise thereof, all fines for violation of any of the provisions of articles eleven and thirteen of the environmental conservation law, all moneys arising out of the operation of real property under the jurisdic- tion of the division of fish and wildlife in the department of environ- mental conservation heretofore or hereafter acquired by the state of New York, and from any concessions thereon and from any leases thereof, including moneys received from the sale thereof when authorized by law, all moneys received from leases or rentals of shellfish grounds in the marine and coastal district, all moneys from gifts for fish and wildlife management pursuant to section six hundred twenty-five of the tax law, moneys received by the department of environmental conservation from the sale of limited edition prints of fish and wildlife paintings, as authorized by paragraph t of subdivision two of section 3-0301 of the environmental conservation law, all moneys received from the reimburse- ment provided for in paragraph b of subdivision seven of section 8-0109 of the environmental conservation law, and all other moneys arising out of the application of any provisions of articles eleven and thirteen of the environmental conservation law. These moneys, after appropriation by the legislature, and within the amounts set forth and for the severalEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15704-01-2 S. 7342 2
purposes specified, shall be available to the department of environ- mental conservation for the care, management, protection and enlargement of the fish, game and shell fish resources of the state and for the promotion of public fishing and shooting, PROVIDED, THAT ALL MONIES RECEIVED OR ACQUIRED BY THE STATE PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW AND NOT OTHERWISE DEDICATED PURSUANT TO THIS SECTION SHALL BE DEDICATED TO AND AVAILABLE BY APPROPRIATION ONLY FOR THE ADMINISTRATION OF AND PURPOSES SET FORTH IN SUCH ARTICLE, WHICH MAY ONLY BE ALTERED OR AMENDED BY LAW. In the accomplishment of these objects the moneys made available hereunder shall be devoted to the purchase or acquisition of lands, lands under water, waters, or rights therein as required, to payment for personal service, for maintenance and operation, and for new construction and permanent betterments, and to all other proper expenses of the department of environmental conser- vation in the administration and enforcement of the provisions of arti- cles eleven and thirteen of the environmental conservation law. S 2. This act shall take effect immediately.