S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8041
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2011
                                      ___________
       Introduced  by  M.  of  A. SWEENEY, COLTON, CYMBROWITZ, JAFFEE, LATIMER,
         WEISENBERG, ABBATE, GALEF, MENG, MAISEL, REILLY, ROSENTHAL  --  Multi-
         Sponsored  by  --  M.  of A. GLICK, GUNTHER, LUPARDO, McENENY, PAULIN,
         PEOPLES-STOKES, THIELE, TITONE  --  read  once  and  referred  to  the
         Committee on Environmental Conservation
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         limiting recommended increases in fees for hunting, fishing and  trap-
         ping licenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5  of  section  11-0715  of  the  environmental
    2  conservation  law, as added by chapter 4 of the laws of 1982, is amended
    3  to read as follows:
    4    5. Prior to the first day of February in the second year following the
    5  year in which this subdivision shall have become a law, and prior to the
    6  first day of February of every second year thereafter, the  conservation
    7  fund  advisory  council shall submit recommendations to the commissioner
    8  regarding the level of fees established  by  this  section  taking  into
    9  account  economic  indicators,  the status of the conservation fund, and
   10  such program indicators as it may deem appropriate.  PROVIDED, THAT SUCH
   11  RECOMMENDATIONS SHALL NOT PROPOSE  THAT  ANY  FEE  ESTABLISHED  BY  THIS
   12  SECTION  BE  INCREASED  BY  THE  LESSER OF THREE PERCENT, OR ONE HUNDRED
   13  THIRTY-FOUR PERCENT OF THE RATE OF INFLATION ACCORDING TO  THE  CONSUMER
   14  PRICE  INDEX,  UNLESS  THE  STATE  COMPTROLLER SHALL HAVE DECLARED IN AN
   15  AFFIDAVIT FILED WITH THE SECRETARY OF STATE THAT THERE EXISTS  A  FINAN-
   16  CIAL  EMERGENCY  IN  THE  STATE  WHICH  NECESSITATES THE IMPOSITION OF A
   17  GREATER INCREASE OF SUCH FEES FOR THE CONTINUED  ADMINISTRATION  OF  THE
   18  PROVISIONS  OF  THIS  ARTICLE  BY THE DEPARTMENT. The commissioner shall
   19  transmit the recommendations in their  entirety  to  the  governor,  the
   20  legislature and interested individuals and organizations, and the gover-
   21  nor  may  submit a budget bill incorporating his recommendations thereon
   22  to the legislature.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10966-02-1