senate Bill S6419A

Signed By Governor
2013-2014 Legislative Session

Relates to the definition of immediate family

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Archive: Last Bill Status Via A8561 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2014 signed chap.264
Aug 01, 2014 delivered to governor
Jun 17, 2014 returned to assembly
passed senate
3rd reading cal.341
substituted for s6419a
Jun 17, 2014 substituted by a8561a
Jun 09, 2014 amended on third reading 6419a
vote reconsidered - restored to third reading
Jun 06, 2014 returned to senate
recalled from assembly
Apr 29, 2014 referred to environmental conservation
delivered to assembly
passed senate
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.341
Jan 22, 2014 referred to environmental conservation

Votes

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Mar 25, 2014 - Environmental Conservation committee Vote

S6419
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A (Active)
Original
A (Active)

S6419 - Bill Details

See Assembly Version of this Bill:
A8561A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0328, En Con L

S6419 - Bill Texts

view summary

Relates to the definition of "immediate family".

view sponsor memo
BILL NUMBER:S6419

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the definition of "immediate family"

PURPOSE OR GENERAL IDEA OF BILL:

This legislation eliminates the requirement under current law that
only permits a fisherman to designate a family member who lives in the
same house for the re-issuance of fishing licenses and permits in case
of death.

SUMMARY OF SPECIFIC PROVISIONS:

Paragraph c of subdivision 19 of Section 11-0103 of the Environmental
Conservation law is amended to redefine reference to the "immediate
family" of a person as all persons who are related by blood, marriage
or adoption to the person whose immediate family is referred to. It
eliminates the requirement that such "immediate family" member must be
domiciled in the same house of such person.

JUSTIFICATION:

Current law only permits a fisherman to designate a family member who
lives in the same house for the re-issuance of fishing licenses and
permits in case of death. This law leads to unfair and undesirable
results. In May 2013, East Quogue commercial fisherman Stian Stiansen
died after his boat was capsized by a rogue wave in Shinnecock Inlet.
Stian had filed out all the proper paperwork to have his fishing
licenses and permits transferred to his nephew, Norman Stiansen, also
a commercial fisherman. The Department of Environmental Conservation
ruled that under State law, the licenses and permits could not be
re-issued because Norman did not live in the same house as Stian.
Under this new legislation, a fisherman will be able to designate a
member of the family for the re-issuance of permits and licenses in
case of death regardless of domicile. The legislation also includes a
retroactivity clause that would permit Norman Stiansen and any other
similarly situated fisherman, where the original permit or license
holder died after January 1, 2013 and designated a family member, to
be reissued the licenses and permits.

PRIOR LEGISLATIVE HISTORY:

2014: New Legislation

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

    S. 6419                                                  A. 8561

                      S E N A T E - A S S E M B L Y

                            January 22, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

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

AN ACT to amend the environmental conservation law, in relation  to  the
  definition of "immediate family"

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

  Section 1. Paragraph c of subdivision 19 of  section  11-0103  of  the
environmental  conservation law, subdivision 19 as renumbered by chapter
400 of the laws of 1973, is amended to read as follows:
  c. A reference to the "immediate family" of a person means all persons
who are related by blood, marriage or adoption to the person whose imme-
diate family is referred to[, and are domiciled in  the  house  of  such
person].
  S  2.  This  act shall take effect immediately; and shall apply to all
licenses or permits eligible to be reissued  under  subdivision  six  of
section  13-0328 of the environmental conservation law where the license
or permit holder died after January 1, 2013 before surrendering  his  or
her  license  or  permit to the department of environmental conservation
and the license or permit holder has designated in writing a  member  of
his  or  her immediate family, as defined in section one of this act, to
whom the license or permit shall be reissued.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11692-02-3

S6419A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8561A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0328, En Con L

S6419A (ACTIVE) - Bill Texts

view summary

Relates to the definition of "immediate family".

view sponsor memo
BILL NUMBER:S6419A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the definition of "immediate family"

PURPOSE: This legislation modified the definition of immediate family
for the purposes of commercial fishing license transfers.

SUMMARY OF PROVISIONS: Subdivision 6 of section 13-0328 of the Environ-
mental Conservation Law is amended to define "immediate family" to mean
a spouse, sibling, parent, child, grandparent, grandchild and all
persons who are related by blood marriage or adoption and live in the
house of the license holder.

JUSTIFICATION:

Section 13-1328 allows DEC to transfer certain commercial fishing
licenses to immediate family members in cases where a license holder
dies prior to transferring his or her license. Currently, the definition
of immediate family means that licenses may only be transferred to imme-
diate family members who live in the house of the license holder. This
legislation would allow family members, such as children and parents, to
be eligible to receive a transferred license even though they do not
live in the same household.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect 180 days after it shall have
become law.

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

                                 6419--A
    Cal. No. 341

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading, passed by Senate and delivered  to
  the  Assembly, recalled, vote reconsidered, restored to third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to amend the environmental conservation law, in relation to the
  definition of "immediate family"

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

  Section  1.    Subdivision  6  of section 13-0328 of the environmental
conservation law is amended by adding a  new  paragraph  d  to  read  as
follows:
  D.  FOR  PURPOSES  OF  THIS  SECTION, "IMMEDIATE FAMILY" SHALL INCLUDE
SPOUSE, SIBLING, PARENT, CHILD, GRANDPARENT, GRANDCHILD, AND,  IN  ADDI-
TION,  ALL PERSONS WHO ARE RELATED BY BLOOD, MARRIAGE OR ADOPTION TO THE
PERMIT HOLDER AND DOMICILED IN THE HOUSE OF THE LICENSE OR PERMIT  HOLD-
ER.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply only to any license or permit
reissued on or after such date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11692-05-4

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