Relates to the definition of "immediate family".
Ayes (61): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
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.
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
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 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