S T A T E   O F   N E W   Y O R K
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                                  5532

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

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  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 DEVELOP-
MENTALLY DISABLED, AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW,
AT A FACILITY OPERATED BY A NOT-FOR-PROFIT CORPORATION WHEN SUCH FACILI-
TY IS CERTIFIED BY THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILI-
TIES,  or resident patient at the rehabilitation hospital of the depart-
ment 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  nurs-
ing  home or residential health care facility on an outing authorized by
the administrator of such nursing home or residential health care facil-
ity may take fish as if he OR SHE held a fishing license, except that he

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09138-01-1
              

A. 5532                             2

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 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 ther-
eat duly authorized so to do by the superintendent or other head  there-
of. 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.