N.Y. State Finance Law § 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.