NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4565
SPONSOR: Miller TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
including the mourning dove within the definition of "migratory game
birds" and to allow for their taking
PURPOSE OR GENERAL IDEA OF BILL:
Relates to including the mourning dove within the definition of "migra-
tory game birds" and to allow for their taking.
SUMMARY OF PROVISIONS:
Section 1. Amends the environmental conservation law by including the
mourning dove within the definition of migratory game birds.
Section 2. States the effective date.
JUSTIFICATION:
Currently the mourning dove is not classified as a migratory game bird
and illegal to hunt in New York State. Mourning dove hunting ranked 8th
in hunter participation back in 2011 with 1,271,000 dove hunters in the
41 dove hunting states which include the US territory of Puerto Rico;
three Canadian providences (British Columbia, Ontario and Quebec), and
throughout Central and South America. In the 1980s, Cornell researchers
estimated New York's mourning dove population to be around 10 million
birds. With the future land use, changes that includes reduced till
agriculture, and permaculture are likely to increase both the conti-
nental population and New York's population of mourning doves. Estab-
lishing the mourning dove within the definition of "migratory game
birds" would make it consistent with the federal classification and
allow NYS DEC to implement a mourning dove harvest strategy and hunting
season for hunters to enjoy the full benefits of wildlife in New York
State.
PRIOR LEGISLATIVE HISTORY:
2018:S7202, 2020: S1598
2021 referred to environmental conservation
2022 referred to environmental conservation
2022: A6523; held for consideration in environmental conservation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
commissioner of environmental conservation shall promulgate any rules
and regulations necessary for the implementation of this act on or
before such effective date.
PURPOSE OR GENERAL IDEA OF BILL:
Provides that an inmate of a correctional facility shall be guilty of a
felony for harassing a correctional facility employee by fraudulent use
of his or her name.
SUMMARY OF PROVISIONS:
Section 1 amends section 240.32 of the penal law, as amended by section
127-p of subpart S of part C of chapter 62 of the laws of 2011, which
provides that an inmate or respondent is guilty of aggravated harassment
of an employee by an inmate, a class E felony, when, with intent to
harass, annoy, threaten or alarm a person in a facility whom he or she
knows or reasonably should know to be an employee of such facility or
the board of parole or the office of mental health, or a probation
department, bureau or unit or a police officer, such inmate or respond-
ent causes the employee's name to either:
(a) be published in any writing without such employee's permission; or
(b) be used fraudulently to order magazines or any other product in that
employee's name.
Section 2: Provides effective date.
JUSTIFICATION:
This legislation addresses situations occurring in prisons where inmates
are fraudulently using correction employees' names to subscribe to maga-
zines as a form of retaliation for disciplinary actions imposed upon
such inmates. For example, one inmate sent a fraudulent request to a
magazine that caters to "gender-confused" individuals, adding several
correction officers' names to that magazine's pen pal list. These offi-
cers then received unwelcome correspondence from "gender-confused"
inmates from all over the country.
According to law enforcement, the most these inmates can be charged with
is a class A misdemeanor, hardly a deterrent for most of these inmates
who are searing length)/ prison sentences. This bill sends a strong
message that this type of behavior will not be tolerated. A class E
felony could add up to four years additional prison time to their
sentences.
PRIOR LEGISLATIVE HISTORY:
2020 referred to codes
2020 held for consideration in codes
2021 referred to codes
2022: A4779; referred to codes, then held for consideration in codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4565
2023-2024 Regular Sessions
IN ASSEMBLY
February 16, 2023
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
including the mourning dove within the definition of "migratory game
birds" and to allow for their taking
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 1 of paragraph a of subdivision 2 of section
2 11-0103 of the environmental conservation law, as amended by chapter 47
3 of the laws of 1976, is amended to read as follows:
4 (1) "Migratory game birds" means the Anatidae or waterfowl, commonly
5 known as geese, brant, swans and river and sea ducks; the Rallidae,
6 commonly known as rails, American coots, mud hens and gallinules; the
7 Limicolae or shorebirds, commonly known as woodcock, snipe, plover,
8 surfbirds, sandpipers, tattlers and curlews; the Corvidae, commonly
9 known as jays, crows and magpies; the Zenaida macroura, commonly known
10 as the mourning dove.
11 § 2. This act shall take effect immediately. Effective immediately,
12 the addition, amendment and/or repeal of any rule or regulation neces-
13 sary for the implementation of this act on its effective date are
14 authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05430-01-3
