senate Bill S6419

Amended

Relates to the definition of immediate family

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 25 / Mar / 2014
    • 1ST REPORT CAL.341
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 29 / Apr / 2014
    • PASSED SENATE
  • 29 / Apr / 2014
    • DELIVERED TO ASSEMBLY
  • 29 / Apr / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 06 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 06 / Jun / 2014
    • RETURNED TO SENATE
  • 09 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 6419A
  • 17 / Jun / 2014
    • SUBSTITUTED BY A8561A

Summary

Relates to the definition of "immediate family".

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Bill Details

Versions:
S6419
S6419A
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง11-0103, En Con L

Sponsor Memo

BILL NUMBER:S6419

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the definition of "immediate family"

PURPOSE OR GENERAL IDEA OF BILL:

This legislation eliminates the requirement under current law that
only permits a fisherman to designate a family member who lives in the
same house for the re-issuance of fishing licenses and permits in case
of death.

SUMMARY OF SPECIFIC PROVISIONS:

Paragraph c of subdivision 19 of Section 11-0103 of the Environmental
Conservation law is amended to redefine reference to the "immediate
family" of a person as all persons who are related by blood, marriage
or adoption to the person whose immediate family is referred to. It
eliminates the requirement that such "immediate family" member must be
domiciled in the same house of such person.

JUSTIFICATION:

Current law only permits a fisherman to designate a family member who
lives in the same house for the re-issuance of fishing licenses and
permits in case of death. This law leads to unfair and undesirable
results. In May 2013, East Quogue commercial fisherman Stian Stiansen
died after his boat was capsized by a rogue wave in Shinnecock Inlet.
Stian had filed out all the proper paperwork to have his fishing
licenses and permits transferred to his nephew, Norman Stiansen, also
a commercial fisherman. The Department of Environmental Conservation
ruled that under State law, the licenses and permits could not be
re-issued because Norman did not live in the same house as Stian.
Under this new legislation, a fisherman will be able to designate a
member of the family for the re-issuance of permits and licenses in
case of death regardless of domicile. The legislation also includes a
retroactivity clause that would permit Norman Stiansen and any other
similarly situated fisherman, where the original permit or license
holder died after January 1, 2013 and designated a family member, to
be reissued the licenses and permits.

PRIOR LEGISLATIVE HISTORY:

2014: New Legislation

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

    S. 6419                                                  A. 8561

                      S E N A T E - A S S E M B L Y

                            January 22, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  definition of "immediate family"

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

  Section 1. Paragraph c of subdivision 19 of  section  11-0103  of  the
environmental  conservation law, subdivision 19 as renumbered by chapter
400 of the laws of 1973, is amended to read as follows:
  c. A reference to the "immediate family" of a person means all persons
who are related by blood, marriage or adoption to the person whose imme-
diate family is referred to[, and are domiciled in  the  house  of  such
person].
  S  2.  This  act shall take effect immediately; and shall apply to all
licenses or permits eligible to be reissued  under  subdivision  six  of
section  13-0328 of the environmental conservation law where the license
or permit holder died after January 1, 2013 before surrendering  his  or
her  license  or  permit to the department of environmental conservation
and the license or permit holder has designated in writing a  member  of
his  or  her immediate family, as defined in section one of this act, to
whom the license or permit shall be reissued.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11692-02-3

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