Assembly Bill A8865

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

                                  8865

                          I N  A S S E M B L Y

                            February 25, 2014
                               ___________

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

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-
ation,  grant,  gift,  devise,  bequest,  or  allocation from the mental

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

                                                           LBD13862-01-4

A. 8865                             2

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.