(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 61–Assemblyman Beers

 

Prefiled February 1, 2001

 

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Provides certain restrictions relating to regulation of amateur service communications. (BDR 22‑672)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to property; prohibiting a governing body from taking certain actions that preclude amateur service communications; providing certain requirements relating to the regulation of the placement, screening or height of a station antenna structure; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 278 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  A governing body shall not adopt an ordinance, regulation or plan

1-4  or take any other action that precludes amateur service communications

1-5  or that in any other manner does not conform to the provisions of 47

1-6  C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio

1-7  Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal

1-8  Communications Commission.

1-9    2.  If a governing body adopts an ordinance, regulation or plan or

1-10  takes any other action that regulates the placement, screening or height

1-11  of a station antenna structure based on health, safety or aesthetic

1-12  considerations, the ordinance, regulation, plan or action must:

1-13    (a) Reasonably accommodate amateur service communications; and

1-14    (b) Constitute the minimum level of regulation practicable to carry out

1-15  the legitimate purpose of the governing body.

1-16    3.  The provisions of this section do not apply to any district

1-17  organized pursuant to federal, state or local law for the purpose of

1-18  historic or architectural preservation.

1-19    4.  Any ordinance, regulation or plan adopted by or other action

1-20  taken by a governing body in violation of the provisions of this section is

1-21  void.

2-1    5.  As used in this section:

2-2    (a) “Amateur radio services” has the meaning ascribed to it in 47

2-3  C.F.R. § 97.3.

2-4    (b) “Amateur service communications” means communications

2-5  carried out by one or more of the amateur radio services.

2-6    (c) “Amateur station” has the meaning ascribed to it in 47 C.F.R. §

2-7  97.3.

2-8    (d) “Station antenna structure” means the antenna that serves an

2-9  amateur station, including such appurtenances and other structures as

2-10  may be necessary to support, stabilize, raise, lower or otherwise adjust

2-11  the antenna.

2-12    Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-13    278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1

2-14  of this act, unless the context otherwise requires, the words and terms

2-15  defined in NRS 278.0105 to 278.0195, inclusive, have the meanings

2-16  ascribed to them in those sections.

2-17    Sec. 3.  A governing body shall review any ordinance, regulation or

2-18  plan that it has adopted or action it has taken before October 1, 2001,

2-19  relating to amateur service communications to determine whether such an

2-20  ordinance, regulation, plan or action conforms to the provisions of 47

2-21  C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio

2-22  Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal

2-23  Communications Commission.

 

2-24  H