Allows persons having a medically determinable impairment of sufficient severity and duration to qualify for benefits under the federal social security act to take fish as if he or she held a fishing license.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to allowing certain disabled persons to take fish without a license
PURPOSE: To allow disabled citizens to fish without having to pay for a fishing license.
SUMMARY OF PROVISIONS:
Section 1: Amends Section Environmental Conservation law Section 11-0707 to permit the disabled to fish without having to pay for a fishing license. A definition of "disabled" is included so that persons must have an impairment of severity and duration to receive social security benefits.
JUSTIFICATION: Fishing can be an enjoyable recreational activity for people of all ages. Unfortunately, often due to a lack of income, people with disabilities do not take advantage of the many great fishing venues located in New York State. People with disabilities should be encouraged to take up fishing, and waiving the fishing license fee for these citizens will provide this necessary encouragement.
Many individuals who are disabled have low fixed incomes, therefore, it is difficult for such persons to afford such licenses without eliminating other essential items, such as food and adequate shelter. For disabled persons who have developmental disabilities or a mental illness, the activity of fishing has been noted by psychologists, therapists, and social workers as a low cost activity that such disabled persons can enjoy and is therapeutic for such persons and the families of such persons. This bill provides a low cost and easy avenue that psychologist, therapists, and social workers can advise their clients and Patients to pursue to become more active and connected with their community, both mentally and physically.
LEGISLATIVE HISTORY: A.5309 of 2007-08 - Referred to Environmental Conservation S.6199 of 2009-10 - Referred to Environmental Conservation, Referred to Finance, 2011 -2012 - S. 615, Reported to Finance.
FISCAL IMPLICATIONS: Negligible.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law; provided however, that effective immediately, the commissioner of environmental conservation is authorized and directed to add, amend, and/or repeal any rule or regulation necessary for the timely implementation of this act on such effective date.
STATE OF NEW YORK ________________________________________________________________________ 2262 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________Introduced by Sens. KLEIN, SAMPSON -- 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 allowing certain disabled persons to take fish without a license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 IS DISABLED 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 DATA AS MAY BE REQUIRED BY IT. FOR THE PURPOSES OF THIS SUBDIVISION "DISABLED" MEANS HAVING A MEDICALLY DETERMINABLE IMPAIRMENT OF SUFFI- CIENT SEVERITY AND DURATION TO QUALIFY FOR BENEFITS UNDER SECTION 1902 (A)(10)(A)(II)(XV) OF THE SOCIAL SECURITY ACT. S 2. 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 commissioner of environmental conservation is authorized and directed to add, amend, and/or repeal any rule or regulation necessary for the timely implementation of this act on such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04922-01-3