Bill Text: NY A01394 | 2015-2016 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A01394 Detail]

Download: New_York-2015-A01394-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1394
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       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
         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:
    1    Section  1. Subdivision (a) of section 7.07 of the mental hygiene law,
    2  as amended by section 1 of part I of chapter 58 of the laws of 2005,  is
    3  amended to read as follows:
    4    (a) The office of mental health is charged with the responsibility for
    5  assuring  the development of comprehensive plans, programs, and services
    6  in the areas of research, prevention,  and  care,  treatment,  rehabili-
    7  tation,  education,  FOSTERING  ENJOYMENT OF RECREATIONAL ACTIVITIES and
    8  training of the mentally ill. Such plans, programs, and  services  shall
    9  be  developed by the cooperation of the office, the other offices of the
   10  department where appropriate, local governments, consumers and community
   11  organizations and agencies. The office shall provide appropriate facili-
   12  ties and encourage the provision of facilities by local  government  and
   13  community organizations and agencies.
   14    S  2.  Subdivision  (a)  of section 7.15 of the mental hygiene law, as
   15  amended by section 3 of part I of chapter 58 of the  laws  of  2005,  is
   16  amended to read as follows:
   17    (a)  The commissioner shall plan, promote, establish, develop, coordi-
   18  nate, evaluate, and conduct programs and services of prevention, diagno-
   19  sis, examination, care, treatment, rehabilitation, training, ENHANCEMENT
   20  OF QUALITY OF LIFE and research for the benefit  of  the  mentally  ill.
   21  Such  programs  shall  include but not be limited to in-patient, out-pa-
   22  tient, partial hospitalization, day care, emergency, rehabilitative, and
   23  other appropriate treatments and services. He  or  she  shall  take  all
   24  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.
                                                                  LBD05005-01-5
       A. 1394                             2
    1  purposes of this chapter and to carry out the purposes and objectives of
    2  the department within the amounts made available therefor  by  appropri-
    3  ation,  grant,  gift,  devise,  bequest,  or  allocation from the mental
    4  health  services  fund  established  under section ninety-seven-f of the
    5  state finance law.
    6    S 3. Subdivision (a) of section 13.07 of the mental  hygiene  law,  as
    7  amended  by  chapter  168  of  the  laws  of 2010, is amended to read as
    8  follows:
    9    (a) The office for people with developmental disabilities shall assure
   10  the development of comprehensive plans, programs, and  services  in  the
   11  areas  of research, prevention, and care, treatment, habilitation, reha-
   12  bilitation, FOSTERING ENJOYMENT OF RECREATIONAL  ACTIVITIES,  vocational
   13  and  other  education,  and  training  of individuals with developmental
   14  disabilities. Such plans, programs, and services shall be  developed  by
   15  the  cooperation  of  the  office, other offices of the department where
   16  appropriate, other state departments and  agencies,  local  governments,
   17  community  organizations  and agencies providing services to individuals
   18  with developmental disabilities, their families and representatives.  It
   19  shall  provide  appropriate  facilities, programs, supports and services
   20  and encourage  the  provision  of  facilities,  programs,  supports  and
   21  services by local government and community organizations and agencies.
   22    S  4.  Subdivision  (a) of section 13.15 of the mental hygiene law, as
   23  amended by chapter 37 of the  laws  of  2011,  is  amended  to  read  as
   24  follows:
   25    (a)  The commissioner shall plan, promote, establish, develop, coordi-
   26  nate, evaluate, and conduct programs and services of prevention, diagno-
   27  sis, examination, care, treatment, rehabilitation, training, ENHANCEMENT
   28  OF LIFE and research for the benefit of individuals  with  developmental
   29  disabilities.   Such programs shall include but not be limited to in-pa-
   30  tient, out-patient, partial hospitalization, day care, emergency,  reha-
   31  bilitative, and other appropriate treatments and services. He shall take
   32  all  actions  that  are necessary, desirable, or proper to implement the
   33  purposes of this chapter and to carry out the purposes and objectives of
   34  the office within the amounts made available therefor by  appropriation,
   35  grant,  gift,  devise,  bequest,  or  allocation  from the mental health
   36  services fund established under  section  ninety-seven-f  of  the  state
   37  finance law.
   38    S  5. Section 11-0707 of the environmental conservation law is amended
   39  by adding a new subdivision 3-a to read as follows:
   40    3-A. ANY PERSON WHO HAS A MENTAL ILLNESS OR DEVELOPMENTAL  DISABILITY,
   41  AS SUCH TERMS ARE DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW, MAY
   42  TAKE  FISH AS IF HE OR SHE HELD A FISHING LICENSE, EXCEPT THAT HE OR SHE
   43  MAY NOT TAKE BAIT FISH BY NET OR TRAP. SUCH PERSON SHALL  BE  AUTHORIZED
   44  TO  TAKE  FISH UPON POSSESSING SOME FORM OF IDENTIFYING INFORMATION THAT
   45  INDICATES SUCH PERSON HAS A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY.
   46    S 6. This act shall take effect on the one hundred twentieth day after
   47  it shall have become a law; provided, however, that effective immediate-
   48  ly, the commissioners of mental health, developmental  disabilities  and
   49  environmental  conservation  are  authorized and directed to add, amend,
   50  and/or repeal any rule or regulation necessary for the timely  implemen-
   51  tation of this act on such effective date.
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