Bill Text: NY A07173 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - referred to education [A07173 Detail]

Download: New_York-2017-A07173-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7173
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     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:
     1    Section 1. The education law is amended by adding a new section  409-m
     2  to read as follows:
     3    § 409-m. Prohibition of wireless communication facilities.  1. For the
     4  purposes  of  this  section the following terms shall have the following
     5  meanings:
     6    (a) "School" shall mean any school district or  board  of  cooperative
     7  educational services.
     8    (b) "School property" shall mean any school building used for instruc-
     9  tional  purposes and its surrounding grounds, sites and other grounds to
    10  be used for playgrounds, athletics and other instructional purposes, and
    11  any administrative offices.
    12    (c) "Wireless communication facility" shall mean an unstaffed facility
    13  used in the receipt  and  transmission  of  wireless  telephone  service
    14  including,  but  not  limited to, antennas, ancillary telecommunications
    15  equipment, and telecommunications towers and poles.
    16    2. No wireless communication facility shall be placed or operated upon
    17  school property. Nor shall any school negotiate  for  or  enter  into  a
    18  contract  for  the  placement or operation of any wireless communication
    19  facility upon school property.
    20    3. Any school which is in violation of subdivision two of this section
    21  on the effective date of this section, shall, within one hundred  eighty
    22  days  of  such  date,  terminate  all contracts for the placement and/or
    23  operation of a wireless communication  facility  upon  school  property,
    24  and/or  remove any and all wireless communication facilities upon school
    25  property.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10472-01-7