S T A T E O F N E W Y O R K
________________________________________________________________________
7337
I N S E N A T E
March 30, 2010
___________
Introduced by Sen. FOLEY -- 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, 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
S. 7337 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.