NY State Senate Bill 2009-S3991

Senate Bill S3991

2009-2010 Legislative Session

Makes the purchase and possession of habitat stamps mandatory for the taking of fish and wildlife and authorizes a commemorative habitat stamp

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Apr 07, 2009	referred to environmental conservation

2009-S3991 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0305, 11-0701, 11-0703 & 11-0713, En Con L; amd §404-t, V & T L; amd §83, St Fin L

2009-S3991 (ACTIVE) - Summary

Makes the purchase and possession of habitat stamps mandatory for the taking of fish and wildlife and authorizes a commemorative habitat stamp.

2009-S3991 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3991

 TITLE OF BILL :
An act to amend the environmental conservation law, the vehicle and
traffic law and the state finance law, in relation to the habitat and
access stamp and the conserve habitat license plate


 PURPOSE :
This bill is intended to restore, preserve, and revitalize New York's
desired game and non-game fish and wildlife populations.  The habitat
stamp program is made mandatory for nonresidents who wish to obtain a
hunting or fishing license in New York. The stamp is still voluntary
for New York residents, but the fee is increased from

$S to $10. The bill will also increase public access to public and
private lands for the purpose of hunting, fishing, and trapping. By
requiring out of state licensed sportsman to purchase a $10 habitat
and access stamp, and continuing the voluntary commemorative stamp
program with a cost not to exceed $10 per stamp, the state is expected
to generate approximately 2 million dollars annually for conservation
funds.

 SUMMARY OF PROVISIONS :
Section 1: Amends subdivision 17 of section 11-0305 of the
environmental conservation law, to require the purchase and possession

of a habitat and access stamp for non residents in order to take fish
and wildlife. The existing voluntary habitat stamp fee is raised from
$5 to $10 for residents. The department is authorized to make the
habitat and access stamp available through departmental offices and at
participating outdoor recreation dealers and educational retailers
approved by the department. Section 2: Makes technical changes.
Section 3 and section 4: Amends EL Sections 11-0703 and 11-0713 to
require that non residents over the age of 16 must first obtain a
habit and access stamp prior to obtaining a fishing or hunting license
in the state.  Section S: Specifies that monies received from the
distinctive "conserve habitat plate" issued by the department of motor
vehicles be deposited specifically to the habitat account of the
conservation fund. Section 6: Creates the habitat account within the
conservation fund and provides that 5O% of the revenues raised from
the habitat and access stamp be deposited into the habitat account.

 JUSTIFICATION :
New York State is currently experiencing a consistent loss of habitat
and access. The state's farm and grasslands are reverting to forests
at an alarming rate, endangering the species inhabiting these
environments. This negative trend will continue until a feasible
habitat management plan is adopted. Concerning access, the majority of
habitat acreage in New York State belongs to private landowners, who
would be more receptive to public access agreements in exchange for
habitat management projects on their lands.  In 2002, the voluntary
habitat stamp program was created. The program was intended to fund
habitat and access conservation projects designed to conserve fish and
wildlife abundance, as well as increase public access to public and
private lands for fish and wildlife related recreation.

Unfortunately, the program's success was marginalized during the
introductory period due to the inability to market and promote the
stamps to license agents and sportsman. By increasing the cost of a
stamp and requiring non resident sportsman to purchase the a habitat
and access stamp, New York would join at least 31 states currently
enforcing a mandatory habitat access program.  In addition, the State
Division of Fish, Wildlife, and Marine Resources (FWMR) will gain
approximately 2 million dollars annually for conservation projects
related to habitat retention and enhancement. While awareness of the
volunteer stamp program and its benefits have risen, the program's
impact will be limited until purchase of the stamp is mandatory for
all out of state licensed hunters, trappers, and fisherman.

 LEGISLATIVE HISTORY :
2008: S.6974A- recommitted to Environmental Conservation/A.10635A -
recommitted to Environmental Conservation

 FISCAL IMPLICATIONS :
Additional 2 million dollars for state habitat conservation programs.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S3991 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3991

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  WINNER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental  conservation  law,  the  vehicle  and
  traffic  law and the state finance law, in relation to the habitat and
  access stamp and the conserve habitat license plate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  17  of  section 11-0305 of the environmental
conservation law, as added by section 3 of part F of chapter 82  of  the
laws of 2002, is amended to read as follows:
  17.  To prepare or cause to be prepared [voluntary] habitat AND ACCESS
stamps and TO furnish such stamps annually to license issuing agents and
officers for sale and issuance in the same manner as licenses and  other
types  of  stamps.  The department shall, by rule, establish the fee for
the habitat AND ACCESS stamp, which shall not exceed [five] TEN  dollars
[plus  an  additional  amount  for], AND MAKE PROVISION THAT the issuing
agent or officer MAY RETAIN 5.5 PERCENT OF THE GROSS PROCEEDS  FROM  THE
SALE OF EACH HABITAT AND ACCESS STAMP.  The DEPARTMENT MAY, THROUGH BULK
SALES OR OTHERWISE, FURNISH FOR RETAIL SALE HABITAT AND ACCESS STAMPS TO
OUTDOOR  RECREATION  RETAILERS AND EDUCATIONAL RETAILERS DEEMED TO BE IN
KEEPING WITH THE PURPOSE OF THE STAMP AND MAY SELL  HABITAT  AND  ACCESS
STAMPS  AT  DEPARTMENT FACILITIES. IN NO CASE SHALL THE STAMP BE SOLD AT
RETAIL FOR A PRICE WHICH EXCEEDS THE FEE  AT  WHICH  THE  STAMP  MAY  BE
PURCHASED  THROUGH A LICENSE ISSUING AGENT. EXCEPT AS PROVIDED IN SUBDI-
VISION SEVEN OF SECTION 11-0703 OF THIS ARTICLE, THE purchase of a stamp
is voluntary and a stamp need not be possessed in order to take fish  or
wildlife.
  S  2.  Subdivisions  16 and 17 of section 11-0701 of the environmental
conservation law, as added by section 17 of part F of chapter 82 of  the
laws of 2002, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11005-01-9

S. 3991                             2

  16.  A  conservation  legacy license entitles the holder to fish, hunt
wildlife, hunt big game with a  longbow  and  a  muzzle-loading  firearm
during  special  seasons  therefor, hunt turkey, enjoy the benefits of a
[voluntary] habitat AND ACCESS stamp and receive  the  "New  York  State
Conservationist"  magazine  as  if the holder of such license held sepa-
rately a resident super-sportsman license,  a  [voluntary]  habitat  AND
ACCESS  stamp and a subscription to the "New York State Conservationist"
magazine.
  17. A conservation patron license entitles the holder to the  benefits
of  a  [voluntary]  habitat  AND ACCESS stamp and a subscription to "New
York State Conservationist" magazine as if the holder  of  such  license
held   separately   a   [voluntary]  habitat  AND  ACCESS  stamp  and  a
subscription to the "New York State Conservationist" magazine.
  S 3. Section 11-0703 of the environmental conservation law is  amended
by adding a new subdivision 7 to read as follows:
  7. NO NON-RESIDENT AGED SIXTEEN OR OLDER SHALL BE ELIGIBLE TO PURCHASE
A  NON-RESIDENT  LICENSE  OR STAMP AS DEFINED IN SECTION 11-0701 OF THIS
TITLE UNLESS SUCH NON-RESIDENT HOLDS OR SIMULTANEOUSLY PURCHASES A HABI-
TAT AND ACCESS STAMP FOR THE CORRESPONDING  LICENSE  YEAR,  EXCEPT  THAT
THIS SUBDIVISION SHALL NOT APPLY TO A NON-RESIDENT WHO POSSESSES A VALID
NEW  YORK  STATE  LIFETIME LICENSE ISSUED PURSUANT TO SECTION 11-0702 OF
THIS TITLE.
  S 4. Subdivisions 4 and 5 of  section  11-0713  of  the  environmental
conservation  law, subdivision 5 as renumbered by section 5 of part D of
chapter 61 of the laws of 2000, are renumbered subdivisions 5 and 6  and
a new subdivision 4 is added to read as follows:
  4. THE ISSUING OFFICER SHALL NOT ISSUE A NON-RESIDENT LICENSE OR STAMP
DEFINED  IN  SECTION  11-0701 OF THIS TITLE TO AN APPLICANT AGED SIXTEEN
YEARS OR OLDER UNLESS AT THE TIME OF ISSUANCE THE APPLICANT PRESENTS  OR
PURCHASES A HABITAT AND ACCESS STAMP FOR THE CORRESPONDING LICENSE YEAR,
EXCEPT THAT THIS SUBDIVISION SHALL NOT APPLY TO A NON-RESIDENT APPLICANT
WHO POSSESSES A VALID NEW YORK STATE LIFETIME LICENSE ISSUED PURSUANT TO
SECTION 11-0702 OF THIS TITLE.
  S 5. Subdivision 2 of section 404-t of the vehicle and traffic law, as
added by chapter 376 of the laws of 2002, is amended to read as follows:
  2.  A  distinctive  conserve  habitat  plate  issued  pursuant to this
section shall be issued in the same manner as other number  plates  upon
the  payment of the regular registration fees prescribed by section four
hundred one of this article; provided, however, that an additional annu-
al service charge of twenty-five  dollars  shall  be  charged  for  such
plate.  Such service charge under this section shall be deposited to the
credit of the HABITAT  ACCOUNT  OF  THE  conservation  fund  established
pursuant to SUBDIVISION (H) OF section eighty-three of the state finance
law;  provided,  however, that one year after the effective date of this
section, funds up to a maximum of six thousand dollars, or so much ther-
eof as may be available, shall  be  allocated  from  such  fund  to  the
department  to  offset  costs  associated  with  the  production of such
license plate.
  S 6. Subdivision (h) of section 83 of the state finance law, as  added
by section 54 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
  (h)  [All]  ONE  HALF  OF  ALL  moneys,  revenues and interest thereon
received as a result of the  application  of  subdivision  seventeen  of
section  11-0305  of  the environmental conservation law authorizing the
issuance and sale of [voluntary] habitat AND ACCESS stamps,  other  than
the  amount  retained  by  the issuing agent or officer, AND ALL MONEYS,

S. 3991                             3

REVENUES AND INTEREST THEREON RECEIVED HERETOFORE OR HEREAFTER FROM  THE
ANNUAL  SERVICE  CHARGE CHARGED FOR THE "CONSERVE HABITAT" LICENSE PLATE
PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED FOUR-T OF THE  VEHI-
CLE AND TRAFFIC LAW AS ADDED BY CHAPTER THREE HUNDRED SEVENTY-SIX OF THE
LAWS  OF TWO THOUSAND TWO shall be deposited in a special account within
the conservation fund to be known as the habitat account.  All  of  such
moneys,  revenues  and  interest shall be available to the department of
environmental conservation, pursuant to appropriation,  exclusively  for
fish  and  wildlife  habitat management, protection and restoration, and
the improvement and development of public access for fish and  wildlife-
related recreation and study.
  S 7. This act shall take effect immediately.

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