NY State Fin L § 83 (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 83 - Conservation Fund.

§ 83. Conservation fund. (a) 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 jurisdiction of the division of fish and  wildlife  in  the  department  of  environmental  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  reimbursement  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  several purposes   specified,   shall   be   available   to  the  department  of environmental 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. 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  conservation in the administration and enforcement of the provisions  of  articles  eleven  and  thirteen  of  the   environmental conservation law.   1-a.   On  or  before  the  first  day  of  February  each  year,  the commissioner of  the  department  of  environmental  conservation  shall provide  a  written  report  to  the  temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee  on environmental   conservation,   chair   of  the  assembly  environmental conservation committee, the  state  comptroller  and  the  public.  Such report  shall  include  how  the monies of the fund received pursuant to section six hundred twenty-five of the tax law were utilized during  the preceding calendar year, and shall include:  (i)  the amount of money dispersed from the fund and the award process used for such disbursements;  (ii) recipients of awards from the fund;  (iii) the amount awarded to each;  (iv) the purposes for which such awards were granted; and  (v) a summary financial plan  for  such  monies  which  shall  include estimates  of  all  receipts  and  all disbursements for the current and succeeding fiscal years, along with the actual results  from  the  prior fiscal year.    2.  (i)  Moneys  collected  pursuant  to sections 13-0301, 13-0311 and 13-0315  of  the  environmental  conservation  law  and  all  fines  and penalties  collected  pursuant  to  article  seventy-one of such law for illegal acts relating to shellfish  shall  be  deposited  in  a  special account  within  the  conservation  fund,  to  be  known  as  the marine resources  account,  and  shall  be  available  to  the  department   of environmental   conservation,   after   appropriation,   for  the  care, management, protection and enlargement  of  marine  fish  and  shellfish resources.  (ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this paragraph, moneys arising out of the application of subdivision fourteen of section 13-0309 of  the  environmental  conservation  law,  shall  be deposited in a special account within the conservation fund, to be known as  the  surf  clam/ocean  quahog account, and shall be available to the department of environmental conservation, including contracts  for  such purposes with a New York state institution of higher education currently involved in local marine research, after appropriation, for the research and  stock  assessment  of  surf clams and ocean quahogs. The department shall, at a minimum, undertake two stock assessments and  issue  reports detailing   the  findings  of  such  assessments  to  the  governor  and legislature. The first stock assessment  shall  be  due  no  later  than December  thirty-first,  two  thousand  two. The second stock assessment shall be due no later than December thirty-first, two thousand four, and shall be conducted in an area to be determined in consultation with  the surf clam/ocean quahog management advisory board.   3.  (i)  Moneys  arising out of the application of article thirteen of the environmental conservation law  shall  be  deposited  in  a  special account  within  the  conservation  fund,  to  be  known  as  the marine resources  account,  and  shall  be  available  to  the  department   of environmental   conservation,   after   appropriation,   for  the  care, management, protection and enlargement  of  marine  fish  and  shellfish resources.  (ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this paragraph, moneys arising out of the application of subdivision fourteen of section 13-0309 of  the  environmental  conservation  law,  shall  be deposited in a special account within the conservation fund, to be known as  the  surf  clam/ocean  quahog account, and shall be available to the department of environmental conservation, including contracts  for  such purposes with a New York State institution of higher education currently involved in local marine research, after appropriation, for the research and stock assessment of surf clams and ocean quahogs.   4.   (i)  There  is  hereby  created  a  special  account  within  the conservation fund to be known as the state fish and game  trust  account to consist of all moneys received by the state from the sale of lifetime hunting,  fishing,  and  trapping  licenses,  and  lifetime  archery and muzzle-loading  privileges  pursuant   to   section   11-0702   of   the environmental  conservation  law  except  those  moneys deposited in the habitat  conservation   and   access   account   pursuant   to   section eighty-three-a  of  this chapter. The state comptroller shall invest the moneys  in  such  account  in   securities   as   defined   by   section ninety-eight-a  of  this article. Any income earned by the investment of such moneys, except income transferred to the conservation fund pursuant to subparagraph (iii) of this paragraph, shall be added to and become  a part of, and shall be used for the purposes of such account.  (ii) The state comptroller shall provide an annual report of the trust account  which lists the amount of the principal, the earned income, the earned  income  accrued  to  the  principal,  and  the   earned   income transferred  to  the conservation fund pursuant to subparagraph (iii) of  this paragraph not later than April tenth of each  year  for  the  state fiscal  year ending the immediately preceding March thirty-first. A copy of such report shall be transmitted, forthwith, to the director  of  the division  of  the  budget, the chairman of the senate finance committee, the chairman of the assembly ways and means committee, the  commissioner of  the  department of environmental conservation and each of the eleven members of the conservation fund advisory  board,  created  pursuant  to section 11-0327 of the environmental conservation law.  (iii)  Earned  income  from  the  sale  of  all  lifetime licenses and privileges, except income earned on  the  proceeds  of  the  sale  of  a lifetime  license  or  privilege  during  the  period  from sale of such license or privilege until April first of the year  following  one  full year  of deposit of the proceeds of the sale of such lifetime license or privilege, shall be available for deposit within the  conservation  fund pursuant  to paragraph one of this subdivision in an amount equal to the cost of the appropriate annual license or privilege. The  earned  income which  exceeds  the  current  cost  of  each annual license or privilege comparable to the lifetime license or privilege, shall be added  to  the trust  account as principal. The earned income from lifetime licenses or privileges issued to persons who are under the legal  age  to  implement such  licenses  or  privileges  shall  be  added to the trust account as principal until such person becomes of legal age to hunt, fish or trap.  (b) Lands and property rights may be acquired  by  the  department  of environmental  conservation with moneys made available for such purposes from the conservation fund by purchase, by acquisition pursuant  to  the provisions of the eminent domain procedure law or by gift.  (c)  All payments made from the conservation fund shall be made by the department of taxation and finance after audit and upon warrant  of  the comptroller  on  vouchers  approved by the commissioner of environmental conservation. After appropriations made available from the  conservation fund  shall  cease  to  have  force  and  effect, any balances remaining unexpended and not required to meet the proper and necessary expenses of the division of fish and wildlife shall revert to such fund.  (d) As to monies accruing to the fund by reason of the enactment of  a chapter of the laws of nineteen hundred seventy-five entitled "An Act to amend  the  environmental conservation law and the state finance law, in relation to fees for hunting, fishing and trapping licenses," one dollar of the fee increase provided  therein  for  each  hunting,  fishing  and trapping  license shall be dedicated to expansion of hunting and fishing opportunity by: acquisition of public rights or opportunities to utilize suitable  lands  for  hunting  and  fishing;  habitat   management   and improvement; and species propagation of game, game birds and game fish.  (e)  1.  All  moneys,  revenue and interest received by the department from the sale of voluntary migratory bird stamps and art prints shall be credited to the conservation fund as provided by section eighty-three of this chapter. After payment of administrative costs for preparation  and sale  of  voluntary stamps and art prints, fifty percent of these moneys shall  be  available  to  the  department,  pursuant  to  appropriation, exclusively  for  acquisition, preservation, improvement and development of wetlands and development and maintenance of access sites  within  the state. The remaining fifty percent of these moneys shall be disbursed to an  appropriate  nonprofit organization for the development of waterfowl habitat projects  within  the  Dominion  of  Canada  which  specifically provide migratory birds for the Atlantic Flyway after obtaining evidence that  the  projects  are  acceptable  to the department of environmental conservation  and   the   appropriate   governmental   agencies   having jurisdiction over the project area.    2.   Notwithstanding  any  other  general  or  special  law,  rule  or regulation, all moneys, revenue and interest arising out of the sale  of voluntary migratory bird stamps, other than that retained by the issuing agent  or  officer,  and  art  prints pursuant to section 11-0307 of the environmental  conservation law and this section shall be deposited in a special account within  the  conservation  fund,  to  be  known  as  the migratory  bird  account,  and  shall  be  dedicated to and available by appropriation only for the purposes set forth in this subdivision, which may only be altered or amended by law.  (f) Notwithstanding the provisions  of  any  other  law,  all  moneys, revenue penalties, and interest arising out of the fees for the issuance of  guide  licenses  pursuant  to  section  11-0533 of the environmental conservation law and this  section  shall  be  deposited  in  a  special account  within the conservation fund, to be known as the guides license account, and shall be dedicated to and available by  appropriation  only for  the  administration of and purposes set forth in section 11-0533 of the environmental conservation law, which may only be altered or amended by law.  (g)  All  moneys,  fees,  fines  and  penalties  arising  out  of  the administration  and  enforcement  of  the  tidal  wetlands  act (article twenty-five of the environmental conservation law)  shall  be  deposited into the marine resources account of the conservation fund.  (i)  All moneys, revenues and interest thereon received as a result of the application of  subdivision  eighteen  of  section  11-0305  of  the environmental  conservation  law  authorizing  a  one  dollar  voluntary contribution mechanism on all hunting  and  fishing  licenses  shall  be deposited  in a special account within the conservation fund to be known as the venison donation  account.  All  of  such  moneys,  revenues  and interest  shall  be  made  available  by the department of environmental conservation, pursuant to appropriation,  to  an  appropriate  nonprofit organization for implementation of a venison donation program.  (j)  All  moneys, revenue and interest thereon received as a result of the  issuance  and  sale  of  voluntary  outdoor  recreation  and  trail maintenance  pins  and  patches  pursuant  to  section  11-0329  of  the environmental conservation law, other than the amount  retained  by  the issuing agent or officer, shall be deposited in a special account within the  conservation  fund  to be known as the outdoor recreation and trail maintenance account. All of such moneys, revenues and interest shall  be available  to  the department of environmental conservation, pursuant to appropriation, exclusively for outdoor  recreation,  trail  maintenance, and  the  development  and  improvement  of  public  access  to  outdoor recreation and trails.