Bill Text: NY S00391 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LOCAL GOVERNMENT [S00391 Detail]

Download: New_York-2015-S00391-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          391
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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:
    1    Section  1.  The  general  municipal  law  is  amended by adding a new
    2  section 99-x to read as follows:
    3    S 99-X. CONSTRUCTION OF WIRELESS COMMUNICATION FACILITIES ON  OR  NEAR
    4  SCHOOL  PROPERTY;  PROHIBITION.  1.  FOR  PURPOSES  OF THIS SECTION, THE
    5  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    6    (A) "SCHOOL PROPERTY" SHALL MEAN ALL BUILDINGS,  STRUCTURES  AND  LAND
    7  CONTAINED  WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE
    8  ELEMENTARY OR SECONDARY SCHOOL.
    9    (B) "WIRELESS COMMUNICATION FACILITY" SHALL MEAN AN UNSTAFFED FACILITY
   10  USED IN THE RECEIPT AND  TRANSMISSION  OF  WIRELESS  TELEPHONE  SERVICE,
   11  INCLUDING,  BUT  NOT  LIMITED TO, ANTENNAS, ANCILLARY TELECOMMUNICATIONS
   12  EQUIPMENT AND TELECOMMUNICATIONS TOWERS AND POLES.
   13    2. A MUNICIPAL CORPORATION OR OTHER ENTITY  HAVING  THE  AUTHORITY  TO
   14  ISSUE  A  PERMIT  OR  LICENSE  TO  AUTHORIZE  THE PLACEMENT, ERECTION OR
   15  CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY  SHALL  PROHIBIT  SUCH
   16  PLACEMENT,  ERECTION OR CONSTRUCTION OF SUCH FACILITY ON SCHOOL PROPERTY
   17  OR WITHIN FIFTEEN HUNDRED FEET OF SCHOOL PROPERTY.
   18    S 2. This act shall take effect on the one hundred eightieth day after
   19  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02381-01-5