senate Bill S920A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2012 print number 920a
amend and recommit to local government
Jan 04, 2012 referred to local government
Jan 05, 2011 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

S920 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S581

S920 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S920

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-v 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 one hundred eightieth day after it
shall have become a law.

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

                                   920

                       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

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-v to read as follows:
  S 99-V. 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.
                                                           LBD04396-01-1

S920A (ACTIVE) - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S581

S920A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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