NY State Senate Bill 2023-S1168

Current Bill Status - In Senate Committee Codes 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 03, 2024	referred to codes
Jan 10, 2023	referred to codes

co-Sponsors

2023-S1168 (ACTIVE) - Details

See Assembly Version of this Bill:: A3661
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §140.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3994, A6429
2019-2020: S4248, A9618
2021-2022: S5372, A4716

2023-S1168 (ACTIVE) - Summary

Permits owners of private property to post such property to prevent trespass by painting purple markings on trees or markers.

2023-S1168 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1168

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to posting private property

 
PURPOSE:

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.

 
EXISTING LAW:

Currently, under New York State's Environmental Conservation law §
11-2111, in order to demarcate one's property, a sign shall be posted on
each side of the protected area and on each side of each corner of the
protected area, provided the corner can be reasonably ascertained. This
sign must include either the word "posted" or a written warning against
entry for specific purposes without the owner's consent, as well as the
name and address of the property owner.

 
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 adds 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.

 
LEGISLATIVE HISTORY:

S.5372/A.4716 of 2021-2022

S.4248 of 2019-2020

S.3994 of 2017-2018

 
FISCAL IMPLICATIONS:

None to the state.

 
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.

2023-S1168 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1168
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to posting private property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 5 of  section  140.00  of  the  penal  law,  as
 amended  by  chapter  698  of  the  laws  of 1979, is amended to read as
 follows:
   5. "Enter or remain unlawfully."  (A)  A  person  "enters  or  remains
 unlawfully" in or upon premises when he is not licensed or privileged to
 do  so.  A person who, regardless of his intent, enters or remains in or
 upon premises which are at the time open to  the  public  does  so  with
 license  and  privilege  unless he defies a lawful order not to enter or
 remain, personally communicated to him by the owner of such premises  or
 other  authorized person. A license or privilege to enter or remain in a
 building which is only partly open to the public is  not  a  license  or
 privilege  to  enter or remain in that part of the building which is not
 open to the public. A person who enters or remains upon  unimproved  and
 apparently  unused  land, which is neither fenced nor otherwise enclosed
 in a manner designed to exclude intruders,  does  so  with  license  and
 privilege  unless  notice against trespass is personally communicated to
 him by the owner of such land or other authorized person, or unless such
 notice is given by posting in a conspicuous manner. A person who  enters
 or remains in or about a school building without written permission from
 someone  authorized  to  issue  such  permission or without a legitimate
 reason which includes a relationship involving custody of  or  responsi-
 bility  for a pupil or student enrolled in the school or without legiti-
 mate business or a purpose relating to the operation of the school  does
 so without license and privilege.
   (B)  AN OWNER OR LESSEE OF ANY REAL PROPERTY MAY POST SUCH PROPERTY BY
 PLACING IDENTIFYING PURPLE MARKS ON TREES OR POSTS AROUND THE AREA TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03523-01-3

 S. 1168                             2
 
 POSTED. EACH PURPLE MARK SHALL BE: (I) A VERTICAL LINE OF AT LEAST EIGHT
 INCHES IN LENGTH AND THE BOTTOM OF THE MARK SHALL BE NO LESS THAN  THREE
 FEET  NOR  MORE  THAN FIVE FEET HIGH. SUCH MARKS SHALL BE PLACED NO MORE
 THAN  ONE  HUNDRED FEET APART AND SHALL BE READILY VISIBLE TO ANY PERSON
 APPROACHING THE PROPERTY; OR (II) A POST CAPPED OR OTHERWISE  MARKED  ON
 AT  LEAST ITS TOP TWO INCHES. THE BOTTOM OF THE CAP OR MARK SHALL BE NOT
 LESS THAN THREE FEET BUT NOT MORE THAN FIVE FEET SIX INCHES HIGH.  POSTS
 SO  MARKED SHALL BE PLACED NOT MORE THAN THIRTY-SIX FEET APART AND SHALL
 BE READILY VISIBLE TO ANY PERSON  APPROACHING  THE  PROPERTY.  PRIOR  TO
 APPLYING  A  CAP  OR  MARK  WHICH  IS VISIBLE FROM BOTH SIDES OF A FENCE
 SHARED BY DIFFERENT PROPERTY OWNERS  OR  LESSEES,  ALL  SUCH  OWNERS  OR
 LESSEES SHALL CONCUR IN THE DECISION TO POST THEIR OWN PROPERTY. NOTHING
 IN  THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE THE OWNER OR LESSEE
 OF ANY REAL PROPERTY TO PLACE ANY PURPLE MARKS ON ANY TREE OR POST OR TO
 INSTALL ANY POST OR FENCE IF DOING SO WOULD VIOLATE ANY APPLICABLE  LAW,
 RULE,   ORDINANCE,  ORDER,  COVENANT,  BYLAW,  DECLARATION,  REGULATION,
 RESTRICTION, CONTRACT, OR INSTRUMENT.
   § 2. The department of agriculture and markets shall conduct a  public
 information campaign concerning the provisions of this act. Such depart-
 ment  may  prepare a brochure or disseminate the information through the
 agency website. Such information  shall  include  the  requirements  set
 forth  in  paragraph (b) of subdivision 5 of section 140.00 of the penal
 law, including information regarding the size requirements of the  mark-
 ings as well as the manner in which the markings shall be displayed.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S1168

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S1168 (ACTIVE) - Details

2023-S1168 (ACTIVE) - Summary

2023-S1168 (ACTIVE) - Sponsor Memo

2023-S1168 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1168

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Sponsored By

Peter Oberacker

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Mark Walczyk

2023-S1168 (ACTIVE) - Details

2023-S1168 (ACTIVE) - Summary

2023-S1168 (ACTIVE) - Sponsor Memo

2023-S1168 (ACTIVE) - Bill Text download pdf

Comments