NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3661
SPONSOR: Manktelow TITLE OF BILL:
An act to amend the penal law, in relation to posting private property
PURPOSE OR GENERAL IDEA OF BILL:
To provide a more cost-effective and long lasting alternative to tradi-
tional "posted" signs as a means of demarcating one's property.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 5 of section 140.00 of the penal law, as
amended by chapter 698 of the laws of 1979, in order to include a
provision allowing property owners to demarcate property lines through
the use of purple paint as an alternative to displaying posted signs.
Section 2 states that the department of agriculture shall establish a
public information campaign in Order to distribute information on this
new alternative and its requirements. Section 3 states the effective
date.
JUSTIFICATION:
This bill would allow property owners to place purple paint markings on
trees as an alternative to the current method of defining one's property
through posted signs. The reasoning behind the existing law's provisions
is rational, as most people would initially assume that the best way of
conveying any sort of message is through the posting of a sign. However,
as time has passed, it is clear to see that this conventional method
comes with some faults, which this legislation seeks to amend. The prime
defect of this technique of delineating property lines is a sign's abil-
ity to be tampered with and/or removed completely. Trespassers can easi-
ly vandalize these posted signs in a way which would free them of any
accountability for unlawfully laying foot on another's property, most
commonly in instances of hunting. Aside from the physical and timely
demands of maintaining these signs, one must also consider the economic
demands. The constant repair and/or reinstallation of these signs and
fences add an extra, and burdensome, expense to property owners. Under
this bill, this shortcoming of the standard posted sign is ultimately
eliminated, or at the very least, dramatically lessens the likelihood of
such obstruction occurring.
In other states which have enacted similar legislation such as Illinois,
Missouri, Arkansas and Texas, one can see this reduction of occurrences
in action. In addition to this, a number of other states such as North
Carolina, Maine, Florida, Idaho, Montana, Arizona and Kansas also have
in place similar statutes with the slight difference in the use of
color. However, researchers on the subject advOcate the specific use of
the color purple as it stands out in .a natural setting, is not already
used in the forestry industry and it is a hue that is recognizable for
colorblind individuals.
PRIOR LEGISLATIVE HISTORY:
2020-21: referred to codes
2021-22: held for consideration in coded
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law in order to provide an appropriate window of
time for the public to become familiar with this new method of demarca-
tion.
