What's happening
This bill expands the definition of "immediate family" for certain environmental permits, removing the requirement that family members live with the permit holder.
Why it matters
Expanding the definition of “immediate family” broadens who can inherit or receive certain environmental permits or licenses. this could help more families maintain continuity in businesses like fishing or shellfishing if the original permit holder dies, regardless of whether relatives lived with them.
By removing the “domiciled in the house” requirement, the bill recognizes modern, geographically dispersed families. , ensuring that family members who reside elsewhere (such as adult children, siblings, or relatives living apart) are not excluded from inheriting important permits.
The retroactive application (back to January 1, 2013) may provide relief or new opportunities to families previously denied permit transfers. , potentially restoring business operations and livelihoods that were interrupted by the old, stricter definition.
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Who cares
Headline styles
Expand Fishing License Transfers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.310
- Referred to environmental conservation
- Reported and committed to rules
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Broaden Fishing License Transfers
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4818 A. 6313
2017-2018 Regular Sessions
SENATE - ASSEMBLY
March 2, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, 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 Assembly, 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 addition, 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.
LBD09348-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 Department of Environmental Conservation to transfer certain commercial fishing licenses to immediate family members in cases where a license holder dies prior to transferring his or her license. Currently, the definition 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 January 1, 2013 before surrendering his or her 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 whom the license or permit may be reissued.
Legislative history
2015-16 S.4390/A.6225
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.