Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Apr 27, 2009 |
referred to judiciary |
Senate Bill S4913
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4913 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4256
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §238-a, RP L; add §414-a, Ed L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1794, A906
2009-S4913 (ACTIVE) - Summary
Requires landlords to hold a public forum with tenants prior to contracting with cell phone carriers to mount cell phone towers on residential buildings; requires school districts to provide parents and school faculty with written notification of cell phone towers being mounted onto school facilities.
2009-S4913 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4913 TITLE OF BILL : An act to amend the real property law, in relation to requiring landlords to hold a public forum with tenants prior to contracting with cell phone service carriers to mount cell phone towers on residential buildings; and to amend the education law, in relation to requiring school districts to provide parents and school faculty with written notification of cell phone towers being mounted onto school facilities PURPOSE OR GENERAL IDEA OF BILL : To provide prior notification to tenants in residential buildings when cell phone service carriers approach their landlord with an offer to build cell antennas on the roof or side of the building. The bill also instructs school districts to notify parents and school faculty of such negotiations, prior to the approval of a building permit. SUMMARY OF SPECIFIC PROVISIONS : The real property law is amended to a new sec. 238-a. Requires landlords to hold a public forum prior to mounting a cellular phone tower on a residential building structure. A violation of this section results in a civil penalty of two-hundred and fifty dollars for each day that passes after a building permit has been approved and no forum has been called.
2009-S4913 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4913 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring land- lords to hold a public forum with tenants prior to contracting with cell phone service carriers to mount cell phone towers on residential buildings; and to amend the education law, in relation to requiring school districts to provide parents and school faculty with written notification of cell phone towers being mounted onto school facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property law is amended by adding a new section 238-a to read as follows: S 238-A. DUTY OF LANDLORD TO HOLD A PUBLIC FORUM PRIOR TO MOUNTING CELLULAR PHONE TOWERS ONTO RESIDENTIAL BUILDING STRUCTURES. 1. THE TERMS "CELLULAR PHONE TOWER", "CELLULAR PHONE ANTENNA" AND "BASE STATION" AS USED IN THIS SECTION SHALL MEAN A STRUCTURE CONSISTING OF RADIOS, COMPUTERIZED SWITCHING EQUIPMENT, AND ANTENNAS THAT RECEIVE AND TRANSMIT RADIO FREQUENCY SIGNALS WHICH FACILITATE CELLULAR PHONE TRANS- MISSION AND RECEPTION. 2. A LANDLORD SHALL BE REQUIRED TO HOLD A PUBLIC FORUM WITH HIS OR HER TENANTS PRIOR TO CONTRACTING WITH A CELL PHONE SERVICE CARRIER TO MOUNT A CELL PHONE TOWER, CELL PHONE ANTENNA OR BASE STATION ONTO THE RESIDEN- TIAL BUILDING STRUCTURE. 3. A LANDLORD WHO VIOLATES SUBDIVISION TWO OF THIS SECTION SHALL BE SUBJECT, IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE PRESCRIBED BY LAW, TO A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR EACH DAY THAT PASSES AFTER A BUILDING PERMIT HAS BEEN APPROVED TO BUILD A CELLULAR PHONE TOWER, CELLULAR PHONE ANTENNA OR BASE STATION, TO BE MOUNTED ONTO A RESIDENTIAL BUILDING STRUCTURE WITHOUT PROPER NOTIFICATION TO TENANTS. S 2. The education law is amended by adding a new section 414-a to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03520-02-9
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