Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Jan 12, 2011 |
referred to judiciary |
Senate Bill S1794
2011-2012 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
co-Sponsors
(D, WF) Senate District
(D, WF) 28th Senate District
2011-S1794 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §238-a, RP L; add §414-a, Ed L
- Versions Introduced in 2009-2010 Legislative Session:
-
S4913
2011-S1794 (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.
2011-S1794 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1794 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: Section 1: Amends the Real Property Law to add a new section 238-a. It requires landlords to hold a public forum 45 days prior to entering into a contract to mount 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
2011-S1794 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1794 2011-2012 Regular Sessions I N S E N A T E January 12, 2011 ___________ Introduced by Sens. KLEIN, HASSELL-THOMPSON, KRUEGER -- 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. THE TERM "RESIDENTIAL BUILDING" AS USED IN THIS SECTION SHALL MEAN A RESIDENTIAL BUILDING THAT HAS FOUR OR MORE DWELLING UNITS OR APARTMENTS. 2. A LANDLORD SHALL BE REQUIRED TO HOLD A PUBLIC FORUM WITH HIS OR HER TENANTS NOT LESS THAN FORTY-FIVE DAYS PRIOR TO CONTRACTING WITH A CELL PHONE SERVICE CARRIER TO MOUNT OR ATTACH A CELL PHONE TOWER, CELL PHONE ANTENNA OR BASE STATION ONTO THE RESIDENTIAL BUILDING STRUCTURE. EACH SUCH LANDLORD SHALL PROVIDE WRITTEN NOTICE OF SUCH PUBLIC FORUM TO EACH TENANT OF THE RESIDENTIAL BUILDING NOT LESS THAN TEN DAYS PRIOR TO THE PUBLIC FORUM. THE NOTICE SHALL INCLUDE THE DATE, TIME, PLACE AND PURPOSE OF SUCH FORUM. EVERY PUBLIC FORUM SHALL BE HELD AT A COMMON AREA WITH THE RESIDENTIAL BUILDING TO WHICH IT RELATES. THE PUBLIC FORUMS REQUIRED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05417-01-1
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