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

                                  10488

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

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

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing  mentally  retarded and developmentally disabled residents
  of a not-for-profit facility to fish without a license

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

  Section  1.  Subdivision  3  of  section  11-0707 of the environmental
conservation law, as amended by chapter 319 of  the  laws  of  2003,  is
amended to read as follows:
  3.  Any  person  who  is a patient at any facility in this state main-
tained by the United States Veterans' Administration or at any  hospital
or  sanitorium  for treatment of tuberculosis maintained by the state or
any municipal corporation thereof or resident patient at any institution
of the department of Mental Hygiene, OR RESIDENT PATIENT WHO IS MENTALLY
RETARDED OR DEVELOPMENTALLY DISABLED, AS DEFINED IN SECTION 1.03 OF  THE
MENTAL  HYGIENE  LAW,  AT A FACILITY OPERATED BY A NOT-FOR-PROFIT CORPO-
RATION WHEN SUCH FACILITY IS CERTIFIED BY THE OFFICE OF MENTAL  RETARDA-
TION AND DEVELOPMENTAL DISABILITIES, or resident patient at the rehabil-
itation  hospital  of  the  department  of  Health,  or at any rest camp
maintained by the state through the Division of Veterans' Affairs in the
Executive Department or any inmate of a conservation  work  camp  within
the  youth  rehabilitation  facility of the department of correction, or
any inmate of a youth opportunity or youth rehabilitation center  within
the  Office  of  Children and Family Services, any resident of a nursing
home or residential health care facility as defined in subdivisions  two
and  three of section twenty-eight hundred one of the public health law,
or any staff member or volunteer accompanying or assisting one  or  more
residents of such nursing home or residential health care facility on an
outing  authorized by the administrator of such nursing home or residen-
tial health care facility 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, if
he  OR  SHE  has  on  his  OR  HER  person  an authorization upon a form
furnished by the department containing such identifying information  and

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

                                                           LBD16575-02-0

A. 10488                            2

data as may be required by it, and signed by the superintendent or other
head  of such facility, institution, hospital, sanitarium, nursing home,
residential health care facility or rest camp, as the case may be, or by
a staff physician thereat duly authorized so to do by the superintendent
or  other  head  thereof.  Such authorization with respect to inmates of
said conservation work camps shall be limited to areas under  the  care,
custody and control of the department.
  S 2.  This act shall take effect immediately.