Bill Text: NY A08865 | 2013-2014 | 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) 2014-02-25 - referred to environmental conservation [A08865 Detail]

Download: New_York-2013-A08865-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8865
                                 I N  A S S E M B L Y
                                   February 25, 2014
                                      ___________
       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
   25  purposes of this chapter and to carry out the purposes and objectives of
   26  the department within the amounts made available therefor  by  appropri-
   27  ation,  grant,  gift,  devise,  bequest,  or  allocation from the mental
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13862-01-4
       A. 8865                             2
    1  health services fund established under  section  ninety-seven-f  of  the
    2  state finance law.
    3    S  3.  Subdivision  (a) of section 13.07 of the mental hygiene law, as
    4  amended by chapter 168 of the laws  of  2010,  is  amended  to  read  as
    5  follows:
    6    (a) The office for people with developmental disabilities shall assure
    7  the  development  of  comprehensive plans, programs, and services in the
    8  areas of research, prevention, and care, treatment, habilitation,  reha-
    9  bilitation,  FOSTERING  ENJOYMENT OF RECREATIONAL ACTIVITIES, vocational
   10  and other education, and  training  of  individuals  with  developmental
   11  disabilities.  Such  plans, programs, and services shall be developed by
   12  the cooperation of the office, other offices  of  the  department  where
   13  appropriate,  other  state  departments and agencies, local governments,
   14  community organizations and agencies providing services  to  individuals
   15  with  developmental disabilities, their families and representatives. It
   16  shall provide appropriate facilities, programs,  supports  and  services
   17  and  encourage  the  provision  of  facilities,  programs,  supports and
   18  services by local government and community organizations and agencies.
   19    S 4. Subdivision (a) of section 13.15 of the mental  hygiene  law,  as
   20  amended  by  chapter  37  of  the  laws  of  2011, is amended to read as
   21  follows:
   22    (a) The commissioner shall plan, promote, establish, develop,  coordi-
   23  nate, evaluate, and conduct programs and services of prevention, diagno-
   24  sis, examination, care, treatment, rehabilitation, training, ENHANCEMENT
   25  OF  LIFE  and research for the benefit of individuals with developmental
   26  disabilities.  Such programs shall include but not be limited to  in-pa-
   27  tient,  out-patient, partial hospitalization, day care, emergency, reha-
   28  bilitative, and other appropriate treatments and services. He shall take
   29  all actions that are necessary, desirable, or proper  to  implement  the
   30  purposes of this chapter and to carry out the purposes and objectives of
   31  the  office within the amounts made available therefor by appropriation,
   32  grant, gift, devise, bequest,  or  allocation  from  the  mental  health
   33  services  fund  established  under  section  ninety-seven-f of the state
   34  finance law.
   35    S 5. Section 11-0707 of the environmental conservation law is  amended
   36  by adding a new subdivision 3-a to read as follows:
   37    3-A.  ANY PERSON WHO HAS A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY,
   38  AS SUCH TERMS ARE DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW, MAY
   39  TAKE FISH AS IF HE OR SHE HELD A FISHING LICENSE, EXCEPT THAT HE OR  SHE
   40  MAY  NOT  TAKE BAIT FISH BY NET OR TRAP. SUCH PERSON SHALL BE AUTHORIZED
   41  TO TAKE FISH UPON POSSESSING SOME FORM OF IDENTIFYING  INFORMATION  THAT
   42  INDICATES SUCH PERSON HAS A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY.
   43    S 6. This act shall take effect on the one hundred twentieth day after
   44  it shall have become a law; provided, however, that effective immediate-
   45  ly,  the  commissioners of mental health, developmental disabilities and
   46  environmental conservation are authorized and directed  to  add,  amend,
   47  and/or  repeal any rule or regulation necessary for the timely implemen-
   48  tation of this act on such effective date.