What's happening
This bill expands the definition of "immediate family" for environmental permits and licenses, removing the requirement that family members live with the license holder.
Why it matters
Broader Family Eligibility. By removing the requirement that family members live with the deceased license or permit holder, more relatives—such as adult children, siblings, or other blood/marriage/adoption-related family who live elsewhere—are now eligible to inherit or be re-issued environmental permits or licenses.
Eases Succession Planning. This change may help families keep permits (such as for fishing, shellfishing, or other regulated activities) within the family after the original holder's death, reducing the risk that a permit is lost due to living arrangements at the time of death.
Potential Economic and Cultural Impact. Especially in communities where environmental permits are tied to family businesses or traditional livelihoods, this amendment can help preserve family-run operations and local heritage, rather than forcing the sale or expiration of these valuable licenses.
Retrospective Application. The bill applies retroactively to eligible permits where the holder died after January 1, 2013, potentially allowing families who lost eligibility under the old definition to reclaim or transfer permits they otherwise would have lost.
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Who cares
Headline styles
Broaden Fishing License Transfers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- 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.
Expand Fishing License Family 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. 3725 A. 5518
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
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.
LBD03216-01-9
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 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
2017-18 S.4818/A.6313;
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.