senate Bill S920A

Prohibits the construction of wireless communications facilities on or within fifteen hundred feet of school property

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 05 / Jan / 2012
    • PRINT NUMBER 920A

Summary

Prohibits the construction of wireless communications facilities on or within fifteen hundred feet of school property.

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Bill Details

Versions:
S920
S920A
Legislative Cycle:
2011-2012
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add ยง99-w, Gen Muni L
Versions Introduced in 2009-2010 Legislative Cycle:
S581

Sponsor Memo

BILL NUMBER:S920A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to prohibiting the
construction of wireless communication facilities within fifteen hundred
feet of school property

PURPOSE:
This legislation prohibits the construction of wireless
communication facilities within fifteen hundred feet of school
property.

SUMMARY OF PROVISIONS:
The general municipal law is amended by adding
a new section 99-w to prohibit the construction of wireless
communication facilities within fifteen hundred feet of school
property.

JUSTIFICATION:
The towers needed to facilitate cell phone
communication have caused a great deal of concern. There are numerous
stories detailing the potential negative effects of exposure to the
electromagnetic radiation produced by cellular towers and facilities.
To date, there is not a definitive study on the possible long and
short term effects of radio frequency energy.

In the absence of assured safety of the radio frequency energy, this
legislation would restrict the placement of wireless communication
facilities within fifteen hundred feet of school property and protect
children from potential harm.

LEGISLATIVE HISTORY:
S.6941 of 2008 (Senate Local Government Committee)
S.581 of 2009/10 (Senate Local Government Committee)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it becomes a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 920--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  recommitted  to  the  Committee on Local Government in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the general municipal law, in relation to prohibiting
  the construction of wireless communication facilities  within  fifteen
  hundred feet of school property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-w to read as follows:
  S  99-W.  CONSTRUCTION OF WIRELESS COMMUNICATION FACILITIES ON OR NEAR
SCHOOL PROPERTY; PROHIBITION. 1.  FOR  PURPOSES  OF  THIS  SECTION,  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "SCHOOL  PROPERTY"  SHALL MEAN ALL BUILDINGS, STRUCTURES AND LAND
CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR  PRIVATE
ELEMENTARY OR SECONDARY SCHOOL.
  (B) "WIRELESS COMMUNICATION FACILITY" SHALL MEAN AN UNSTAFFED FACILITY
USED  IN  THE  RECEIPT  AND  TRANSMISSION OF WIRELESS TELEPHONE SERVICE,
INCLUDING, BUT NOT LIMITED TO,  ANTENNAS,  ANCILLARY  TELECOMMUNICATIONS
EQUIPMENT AND TELECOMMUNICATIONS TOWERS AND POLES.
  2.  A  MUNICIPAL  CORPORATION  OR OTHER ENTITY HAVING THE AUTHORITY TO
ISSUE A PERMIT OR  LICENSE  TO  AUTHORIZE  THE  PLACEMENT,  ERECTION  OR
CONSTRUCTION  OF  A  WIRELESS COMMUNICATION FACILITY SHALL PROHIBIT SUCH
PLACEMENT, ERECTION OR CONSTRUCTION OF SUCH FACILITY ON SCHOOL  PROPERTY
OR WITHIN FIFTEEN HUNDRED FEET OF SCHOOL PROPERTY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04396-02-1

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