S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4113
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. MAGEE -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the mental hygiene law and the  environmental  conserva-
   tion  law, in relation to the provision of recreational activities for
   individuals 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08815-02-7

 A. 4113                             2
 
 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.
   § 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.
   §  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.
   §  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.
   § 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.