Bill S6552-2013

Directs the commissioners of mental health and developmental disabilities to foster enjoyment of recreational activities

Directs the commissioners of mental health and developmental disabilities to foster enjoyment of recreational activities; provides that the mentally ill and developmentally disabled may fish without a license.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • May 29, 2014: ADVANCED TO THIRD READING
  • May 28, 2014: 2ND REPORT CAL.
  • May 21, 2014: 1ST REPORT CAL.915
  • Feb 5, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - May 21, 2014
Ayes (5): Carlucci, Ball, Felder, Hannon, Seward
Ayes W/R (2): Bonacic, Zeldin
Nays (4): Tkaczyk, Krueger, Latimer, Rivera

Memo

BILL NUMBER:S6552

TITLE OF BILL: An act to amend the mental hygiene law and the environmental conservation law, in relation to the provision of recreational activities for individual's with mental illness or a developmental disability

PURPOSE: To facilitate the ability of persons with a mental illness or developmental disability to fish without having to first obtain a fishing license. This activity, in addition to other physical activities, should be encouraged so that such persons can pursue an outdoor recreational activity that increases their physical activity and valuable social interaction with other like-minded individuals and families.

SUMMARY OF PROVISIONS:

Sections 1 - 4: Amends the Mental Hygiene Law sections 7.07, 7.15, 13.07 and 13.15 to incorporate into the law that the Office of Mental Health and Office for People with Developmental Disabilities could help to foster enjoyment of recreational activities, such as sport fishing, for persons who are mentally ill or have a developmental disability.

Section 5: Amends Environmental Conservation Law Section 11-0707 to facilitate the ability of a person who is mentally ill or has a developmental disability as defined in Mental Hygiene Law to recreationally fish without first obtaining a license to do so. Such permission would not allow such person to take bait fish by net or trap. To qualify, such person would need to possess some form of identifying information that indicates such person is mentally ill or has a developmental disability when fishing.

JUSTIFICATION: Fishing can be an enjoyable outdoor recreational activity for people of all ages. Unfortunately, often due to a lack of income or the mental capability of some to obtain and retain a fishing license, some people who are mentally ill or have a developmental disability do not pursue such outdoor recreational activities that can have a strong social component. People with disabilities, with the help of their case managers, psychologists, social workers or family members could help to encourage their patients, clients or family members to take up valuable outdoor recreational activities such as fishing. To facilitate the encouragement of such persons to pursue outdoor recreational activities such as fishing, this bill negates the need for such persons to obtain a fishing license.

Many individuals who are mentally ill or are developmentally disabled are on low fixed incomes, therefore, it is difficult for such persons to afford such recreational fishing licenses without eliminating other essential items, such as food and adequate shelter. For those persons who have a developmental disability or a mental illness, the activity of fishing has been noted by psychologists, therapists, and social workers as a low cost physical activity that such disabled persons can enjoy, look forward to and which is therapeutic for such persons and the fami lies of such persons. In addition, the pursuit of outdoor recreational activities, such as fishing, can lead such persons to have more opportunities and reasons to interact with other like-minded sportsmen and fishermen and to share common bonds, stories and "yards" that inevitability occur while sharing time at the local fishing hole.

This bill provides a low cost and easy avenue that psychologist, therapists, social workers and family members can advise their clients, patients or relatives to pursue to become more physically and mentally active and connected more socially with the community. In addition, this bill would reduce the legitimate difficulties that the mentally ill or developmentally disabled can have in not only securing a fishing license, but retaining such license throughout the year without it getting lost or misplaced.

LEGISLATIVE HISTORY: New Bill.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6552 IN SENATE February 5, 2014 ___________
Introduced by Sens. CARLUCCI, KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities 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 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.

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