Bill S4390-2015

Relates to the definition of "immediate family" for the transfer of certain commercial fishing licenses

Relates to the definition of "immediate family" for the transfer of certain commercial fishing licenses.

Details

Actions

  • May 28, 2015: referred to environmental conservation
  • May 28, 2015: DELIVERED TO ASSEMBLY
  • May 28, 2015: PASSED SENATE
  • May 27, 2015: ORDERED TO THIRD READING CAL.1003
  • May 27, 2015: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 18, 2015: REFERRED TO ENVIRONMENTAL CONSERVATION

Votes

Memo

BILL NUMBER:S4390

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 modifies the definition of immediate family for the purposes of commercial fishing license transfers.

SUMMARY OF SPECIFIC PROVISIONS:

Paragraph d of subdivision 6 of Section 13-0328 of the Environmental Conservation Law is amended to remove the provision that an immediate family member needs to be domiciled in the house of the license or permit holder for the purpose of commercial fishing license transfers.

JUSTIFICATION:

Section 13-0328 of the Environmental Conservation Law allows Department of Environmental Conservation 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 be transferred to immediate family members including a spouse, sibling, parent, child, grandparent, grandchild, and, in addition, all persons who are related by blood, marriage or adoption to the permit holder who live in the house of the license or permit holder. This legislation would allow immediate family members covered under the provisions of Section 13-0328 to be eligible to receive a transferred license or permit even if they do not live in the same household.

This legislation would retroactively apply to all licenses or permits eligible for reissuance under subdivision 6 f Section 13-0328 of the Environmental Conservation Law where the license holder dies after January 1, 2013 before surrendering his or her 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 whom the license or permit may be reissued.

PRIOR LEGISLATIVE HISTORY:

2015: New Legislation

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 4390 A. 6225 2015-2016 Regular Sessions S E N A T E - A S S E M B L Y March 18, 2015 ___________
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 d of subdivision 6 of section 13-0328 of the environmental conservation law, as added by chapter 264 of the laws of 2014, is amended 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 LICENSE OR permit holder [and domiciled in the house of the license or permit holder]. S 2. This act shall take effect immediately and shall apply to all licenses or permits eligible to be re-issued under subdivision 6 of section 13-0328 of the environmental conservation law where the license or permit holder dies 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 may be re-issued.

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