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Assembly Bill A7173

2017-2018 Legislative Session

Prohibits the placement and operation of wireless communication facilities upon school property

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Archive: Last Bill Status - In Assembly Committee

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2017-A7173 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §409-m, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A6617

2017-A7173 (ACTIVE) - Summary

Prohibits wireless communication facilities on school property; provides that a school may not negotiate for or enter into a contract for the placement or operation of any wireless communication facility on school property and schools with wireless communication facilities already on school property are allotted 180 days to terminate any contracts and remove the towers off the property.

2017-A7173 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7173
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M. of A. DE LA ROSA, CRESPO -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation to prohibiting the place-
   ment and operation of  wireless  communication  facilities  on  school
   property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  409-m
 to read as follows:
   § 409-M. PROHIBITION OF WIRELESS COMMUNICATION FACILITIES.  1. FOR THE
 PURPOSES  OF  THIS  SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "SCHOOL" SHALL MEAN ANY SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE
 EDUCATIONAL SERVICES.
   (B) "SCHOOL PROPERTY" SHALL MEAN ANY SCHOOL BUILDING USED FOR INSTRUC-
 TIONAL  PURPOSES AND ITS SURROUNDING GROUNDS, SITES AND OTHER GROUNDS TO
 BE USED FOR PLAYGROUNDS, ATHLETICS AND OTHER INSTRUCTIONAL PURPOSES, AND
 ANY ADMINISTRATIVE OFFICES.
   (C) "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. NO WIRELESS COMMUNICATION FACILITY SHALL BE PLACED OR OPERATED UPON
 SCHOOL PROPERTY. NOR SHALL ANY SCHOOL NEGOTIATE  FOR  OR  ENTER  INTO  A
 CONTRACT  FOR  THE  PLACEMENT OR OPERATION OF ANY WIRELESS COMMUNICATION
 FACILITY UPON SCHOOL PROPERTY.
   3. ANY SCHOOL WHICH IS IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION
 ON THE EFFECTIVE DATE OF THIS SECTION, SHALL, WITHIN ONE HUNDRED  EIGHTY
 DAYS  OF  SUCH  DATE,  TERMINATE  ALL CONTRACTS FOR THE PLACEMENT AND/OR
 OPERATION OF A WIRELESS COMMUNICATION  FACILITY  UPON  SCHOOL  PROPERTY,
 AND/OR  REMOVE ANY AND ALL WIRELESS COMMUNICATION FACILITIES UPON SCHOOL
 PROPERTY.
   § 2. This act shall take effect immediately.

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