senate Bill S6552

Directs the commissioners of mental health and developmental disabilities to foster enjoyment of recreational activities

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Sponsor

Co-Sponsors

Bill Status


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

  • 05 / Feb / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 21 / May / 2014
    • 1ST REPORT CAL.915
  • 28 / May / 2014
    • 2ND REPORT CAL.
  • 29 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Directs the commissioners of mental health and developmental disabilities to foster enjoyment of recreational activities; provides that the mentally ill and developmentally disabled may fish without a license.

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Bill Details

See Assembly Version of this Bill:
A8865
Versions:
S6552
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§7.07, 7.15, 13.07 & 13.15, Ment Hyg L; amd §11-0707, En Con L

Votes

5
4
5
Aye
4
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S6552

TITLE OF BILL: An act to amend the mental hygiene law and the environ-
mental conservation law, in relation to the provision of recreational
activities for individual's with mental illness or a developmental disa-
bility

PURPOSE: To facilitate the ability of persons with a mental illness or
developmental disability to fish without having to first obtain a fish-
ing license. This activity, in addition to other physical activities,
should be encouraged so that such persons can pursue an outdoor recre-
ational activity that increases their physical activity and valuable
social interaction with other like-minded individuals and families.

SUMMARY OF PROVISIONS:

Sections 1 - 4: Amends the Mental Hygiene Law sections 7.07, 7.15, 13.07
and 13.15 to incorporate into the law that the Office of Mental Health
and Office for People with Developmental Disabilities could help to
foster enjoyment of recreational activities, such as sport fishing, for
persons who are mentally ill or have a developmental disability.

Section 5: Amends Environmental Conservation Law Section 11-0707 to
facilitate the ability of a person who is mentally ill or has a develop-
mental disability as defined in Mental Hygiene Law to recreationally
fish without first obtaining a license to do so. Such permission would
not allow such person to take bait fish by net or trap. To qualify, such
person would need to possess some form of identifying information that
indicates such person is mentally ill or has a developmental disability
when fishing.

JUSTIFICATION: Fishing can be an enjoyable outdoor recreational activ-
ity for people of all ages. Unfortunately, often due to a lack of income
or the mental capability of some to obtain and retain a fishing license,
some people who are mentally ill or have a developmental disability do
not pursue such outdoor recreational activities that can have a strong
social component. People with disabilities, with the help of their case
managers, psychologists, social workers or family members could help to
encourage their patients, clients or family members to take up valuable
outdoor recreational activities such as fishing. To facilitate the
encouragement of such persons to pursue outdoor recreational activities
such as fishing, this bill negates the need for such persons to obtain a
fishing license.

Many individuals who are mentally ill or are developmentally disabled
are on low fixed incomes, therefore, it is difficult for such persons to
afford such recreational fishing licenses without eliminating other
essential items, such as food and adequate shelter. For those persons
who have a developmental disability or a mental illness, the activity of
fishing has been noted by psychologists, therapists, and social workers
as a low cost physical activity that such disabled persons can enjoy,
look forward to and which is therapeutic for such persons and the fami-

lies of such persons. In addition, the pursuit of outdoor recreational
activities, such as fishing, can lead such persons to have more opportu-
nities and reasons to interact with other like-minded sportsmen and
fishermen and to share common bonds, stories and "yards" that inevita-
bility occur while sharing time at the local fishing hole.

This bill provides a low cost and easy avenue that psychologist, thera-
pists, social workers and family members can advise their clients,
patients or relatives to pursue to become more physically and mentally
active and connected more socially with the community. In addition,
this bill would reduce the legitimate difficulties that the mentally ill
or developmentally disabled can have in not only securing a fishing
license, but retaining such license throughout the year without it
getting lost or misplaced.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Negligible.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after it shall have become a law; provided however, that effective
immediately, the commissioner of environmental conservation is author-
ized and directed to add, amend, and/or repeal any rule or regulation
necessary for the timely implementation of this act on such effective
date.

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

                                  6552

                            I N  S E N A T E

                            February 5, 2014
                               ___________

Introduced  by  Sens. CARLUCCI, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities

AN ACT to amend the mental hygiene law and the  environmental  conserva-
  tion  law, in relation to the provision of recreational activities for
  individual's with mental illness or a developmental disability

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

  Section  1. Subdivision (a) of section 7.07 of the mental hygiene law,
as amended by section 1 of part I of chapter 58 of the laws of 2005,  is
amended to read as follows:
  (a) The office of mental health is charged with the responsibility for
assuring  the development of comprehensive plans, programs, and services
in the areas of research, prevention,  and  care,  treatment,  rehabili-
tation,  education,  FOSTERING  ENJOYMENT OF RECREATIONAL ACTIVITIES and
training of the mentally ill. Such plans, programs, and  services  shall
be  developed by the cooperation of the office, the other offices of the
department where appropriate, local governments, consumers and community
organizations and agencies. The office shall provide appropriate facili-
ties and encourage the provision of facilities by local  government  and
community organizations and agencies.
  S  2.  Subdivision  (a)  of section 7.15 of the mental hygiene law, as
amended by section 3 of part I of chapter 58 of the  laws  of  2005,  is
amended to read as follows:
  (a)  The commissioner shall plan, promote, establish, develop, coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis, examination, care, treatment, rehabilitation, training, ENHANCEMENT
OF QUALITY OF LIFE and research for the benefit  of  the  mentally  ill.
Such  programs  shall  include but not be limited to in-patient, out-pa-
tient, partial hospitalization, day care, emergency, rehabilitative, and
other appropriate treatments and services. He  or  she  shall  take  all
actions  that  are  necessary,  desirable,  or  proper  to implement the
purposes of this chapter and to carry out the purposes and objectives of
the department within the amounts made available therefor  by  appropri-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13862-01-4

S. 6552                             2

ation,  grant,  gift,  devise,  bequest,  or  allocation from the mental
health services fund established under  section  ninety-seven-f  of  the
state finance law.
  S  3.  Subdivision  (a) of section 13.07 of the mental hygiene law, as
amended by chapter 168 of the laws  of  2010,  is  amended  to  read  as
follows:
  (a) The office for people with developmental disabilities shall assure
the  development  of  comprehensive plans, programs, and services in the
areas of research, prevention, and care, treatment, habilitation,  reha-
bilitation,  FOSTERING  ENJOYMENT OF RECREATIONAL ACTIVITIES, vocational
and other education, and  training  of  individuals  with  developmental
disabilities.  Such  plans, programs, and services shall be developed by
the cooperation of the office, other offices  of  the  department  where
appropriate,  other  state  departments and agencies, local governments,
community organizations and agencies providing services  to  individuals
with  developmental disabilities, their families and representatives. It
shall provide appropriate facilities, programs,  supports  and  services
and  encourage  the  provision  of  facilities,  programs,  supports and
services by local government and community organizations and agencies.
  S 4. Subdivision (a) of section 13.15 of the mental  hygiene  law,  as
amended  by  chapter  37  of  the  laws  of  2011, is amended to read as
follows:
  (a) The commissioner shall plan, promote, establish, develop,  coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis, examination, care, treatment, rehabilitation, training, ENHANCEMENT
OF  LIFE  and research for the benefit of individuals with developmental
disabilities.  Such programs shall include but not be limited to  in-pa-
tient,  out-patient, partial hospitalization, day care, emergency, reha-
bilitative, and other appropriate treatments and services. He shall take
all actions that are necessary, desirable, or proper  to  implement  the
purposes of this chapter and to carry out the purposes and objectives of
the  office within the amounts made available therefor by appropriation,
grant, gift, devise, bequest,  or  allocation  from  the  mental  health
services  fund  established  under  section  ninety-seven-f of the state
finance law.
  S 5. Section 11-0707 of the environmental conservation law is  amended
by adding a new subdivision 3-a to read as follows:
  3-A.  ANY PERSON WHO HAS A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY,
AS SUCH TERMS ARE DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW, MAY
TAKE FISH AS IF HE OR SHE HELD A FISHING LICENSE, EXCEPT THAT HE OR  SHE
MAY  NOT  TAKE BAIT FISH BY NET OR TRAP. SUCH PERSON SHALL BE AUTHORIZED
TO TAKE FISH UPON POSSESSING SOME FORM OF IDENTIFYING  INFORMATION  THAT
INDICATES SUCH PERSON HAS A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  commissioners of mental health, developmental disabilities and
environmental conservation are authorized and directed  to  add,  amend,
and/or  repeal any rule or regulation necessary for the timely implemen-
tation of this act on such effective date.

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