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