NY State Senate Bill 2021-S5307

Senate Bill S5307

2021-2022 Legislative Session

Relates to the definition of "immediate family" for the transfer of certain commercial fishing licenses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Mar 02, 2021	referred to environmental conservation

2021-S5307 (ACTIVE) - Details

See Assembly Version of this Bill:: A5909
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6419, A8561
2015-2016: S4390, A6225
2017-2018: S4818, A6313
2019-2020: S3725, A5518
2023-2024: S2110, A3795

2021-S5307 (ACTIVE) - Summary

Relates to the definition of "immediate family" for the transfer of certain commercial fishing licenses.

2021-S5307 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5307

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
definition of "immediate family"

 
PURPOSE:

This legislation modifies the definition of immediate family for the
purposes of commercial fishing license transfers.

 
SUMMARY OF PROVISIONS:

Paragraph d of subdivision 6 of section 13-0328 of the Environmental
Conservation Law is amended to remove the provision that an immediate
family member needs to be domiciled in the house of the license or
permit holder for the purpose of commercial fishing license transfers.

JUSTIFICATION:

Section 13-0328 of the Environmental Conservation Law allows the Depart-
ment of Environmental Conservation to transfer certain commercial fish-
ing licenses to immediate family members in cases where a license holder
dies prior to transferring his or her license.  Currently, the defi-
nition of immediate family means that licenses may be transferred to
immediate family members including a spouse, sibling, parent, child,
grandparent, grandchild and in addition, all persons who are related by
blood, marriage or adoption to the permit holder who live in the house
of the license or permit holder. This legislation would allow immediate
family members covered under the provisions of section 13-0328 to be
eligible to receive a transferred license or permit even if they do not
live in the same household.

This legislation would retroactively apply to all licenses or permits
eligible for reissuance under subdivision 6 of section 13-0328 of the
Environmental Conservation Law where the license holder dies after Janu-
ary 1, 2013 before surrendering his or her permit to the Department of
Environmental Conservation and the license or permit holder has desig-
nated in writing a member of his or her immediate family whom the
license or permit may be reissued.

 
LEGISLATIVE HISTORY:

2020 S.3725/A.5518; 2017-18 S.4818/A.6313; 2015-16 S.4390/A.6225

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2021-S5307 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5307                                                  A. 5909
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- 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 d of subdivision 6  of  section  13-0328  of  the
 environmental  conservation  law, as added by chapter 264 of the laws of
 2014, is amended to read as follows:
   d. For purposes of this  section,  "immediate  family"  shall  include
 spouse,  sibling,  parent, child, grandparent, grandchild, and, in addi-
 tion, all persons who are related by blood, marriage or adoption to  the
 LICENSE  OR  permit holder [and domiciled in the house of the license or
 permit holder].
   § 2. This act shall take effect immediately and  shall  apply  to  all
 licenses  or  permits  eligible  to  be re-issued under subdivision 6 of
 section 13-0328 of the environmental conservation law where the  license
 or  permit  holder dies 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 may be re-issued.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06059-01-1

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