2001 Legislation
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HOUSE BILL NO. 232 – Emergency Communications Preservatn

HOUSE BILL NO. 232

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Daily Data Tracking History



H0232aa.........................................................by BUSINESS
EMERGENCY COMMUNICATIONS PRESERVATION - Adds to existing law to provide a
short title; to provide a statement of purpose; to provide definitions; and
to provide restrictions on local units of government in enacting rules and
ordinances relating to antenna support structures and antennas.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Loc Gov
03/01    Rpt out - to Gen Ord
03/02    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 66-1-3
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Shepherd, Smylie, Stevenson, Stone, Swan, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Smith
      Absent and excused -- Denney, Higgins, Sellman
    Floor Sponsor -- Black
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Loc Gov
03/15    Rpt out - rec d/p - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen - PASSED - 34-1-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- Hawkins
      Absent and excused -- None
    Floor Sponsor -- Ipsen
    Title apvd - to House
03/22    To enrol - rpt enrol - Sp signed
03/23    Pres signed
03/26    To Governor
04/04    Governor signed
         Session Law Chapter 316
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 232
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EMERGENCY COMMUNICATIONS PRESERVATION ACT; AMENDING TITLE  55,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW CHAPTER 29, TITLE 55, IDAHO CODE, TO
  4        PROVIDE A SHORT TITLE, TO PROVIDE A STATEMENT OF PURPOSE, TO PROVIDE DEFI-
  5        NITIONS AND TO PROVIDE RESTRICTIONS ON LOCAL UNITS OF GOVERNMENT IN ENACT-
  6        ING RULES AND  ORDINANCES  RELATING  TO  ANTENNA  SUPPORT  STRUCTURES  AND
  7        ANTENNAS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That Title 55, Idaho Code, be, and the same is hereby amended
 10    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 11    ter 29, Title 55, Idaho Code, and to read as follows:
                                                                        
 12                                      CHAPTER 29
 13                        EMERGENCY COMMUNICATIONS PRESERVATION
                                                                        
 14        55-2901.  SHORT  TITLE.  This  chapter  shall be known and may be cited as
 15    "The Emergency Communications Preservation Act."
                                                                        
 16        55-2902.  PURPOSE. The purpose of this chapter is to preserve the capabil-
 17    ity of amateur radio operators within the state of Idaho to provide radio com-
 18    munications in times of emergency and disaster.
                                                                        
 19        55-2903.  DEFINITIONS. When used in this act:
 20        (1)  "Antenna" means any array of wires, tubing or similar materials  used
 21    for the transmission and reception of radio waves.
 22        (2)  "Antenna support structure" or "tower" means a structure or framework
 23    that  is  designed  to  elevate an antenna above the ground for the purpose of
 24    increasing the effective communications range and reliability  of  an  amateur
 25    radio station.
 26        (3)  "Amateur  radio" means the use of amateur and amateur-satellite radio
 27    frequencies and services used by licensed, qualified persons of  any  age  who
 28    are  interested  in radio technique without pecuniary remuneration. These ser-
 29    vices present an opportunity for  public  service,  emergency  communications,
 30    self-training, intercommunication and technical investigations.
 31        (4)  "Amateur  radio operator" means any person who has been duly examined
 32    and licensed by the federal communications commission or its designee for  the
 33    operation  of  transmitting  and  receiving  apparatus  on  radio  frequencies
 34    internationally agreed upon for the use of the amateur radio service.
 35        (5)  "Local unit of government" means a county, city or town.
                                                                        
 36        55-2904.  ANTENNA  SUPPORT STRUCTURES -- ANTENNAS -- RESTRICTIONS ON LOCAL
 37    UNITS OF GOVERNMENT. (1) Local units of government shall not enact or  enforce
 38    any  rule  or  ordinance that fails to conform to federal law as it relates to
 39    the height, construction or use of antenna support structures by amateur radio
                                                                        
                                           2
                                                                        
  1    operators.
  2        (2)  Any rule or ordinance involving the placement, screening or height of
  3    antennas and towers based on health, safety or aesthetic  considerations  must
  4    be  crafted to reasonably accommodate amateur radio communications and to rep-
  5    resent the minimum practicable regulation to accomplish a  legitimate  purpose
  6    of the local unit of government.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Black               
                                                                        
                                                     Seconded by Eskridge            
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 232
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 37, delete "(1) Local units of gov-
  3    ernment shall not enact or enforce"; and delete lines 38 and 39.
  4        On page 2, delete line 1; in line 2, delete "(2)"; and  also  in  line  2,
  5    following "ordinance" insert: "of a local unit of government".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 232, As Amended
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EMERGENCY COMMUNICATIONS PRESERVATION ACT; AMENDING TITLE  55,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW CHAPTER 29, TITLE 55, IDAHO CODE, TO
  4        PROVIDE A SHORT TITLE, TO PROVIDE A STATEMENT OF PURPOSE, TO PROVIDE DEFI-
  5        NITIONS AND TO PROVIDE RESTRICTIONS ON LOCAL UNITS OF GOVERNMENT IN ENACT-
  6        ING RULES AND  ORDINANCES  RELATING  TO  ANTENNA  SUPPORT  STRUCTURES  AND
  7        ANTENNAS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That Title 55, Idaho Code, be, and the same is hereby amended
 10    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 11    ter 29, Title 55, Idaho Code, and to read as follows:
                                                                        
 12                                      CHAPTER 29
 13                        EMERGENCY COMMUNICATIONS PRESERVATION
                                                                        
 14        55-2901.  SHORT  TITLE.  This  chapter  shall be known and may be cited as
 15    "The Emergency Communications Preservation Act."
                                                                        
 16        55-2902.  PURPOSE. The purpose of this chapter is to preserve the capabil-
 17    ity of amateur radio operators within the state of Idaho to provide radio com-
 18    munications in times of emergency and disaster.
                                                                        
 19        55-2903.  DEFINITIONS. When used in this act:
 20        (1)  "Antenna" means any array of wires, tubing or similar materials  used
 21    for the transmission and reception of radio waves.
 22        (2)  "Antenna support structure" or "tower" means a structure or framework
 23    that  is  designed  to  elevate an antenna above the ground for the purpose of
 24    increasing the effective communications range and reliability  of  an  amateur
 25    radio station.
 26        (3)  "Amateur  radio" means the use of amateur and amateur-satellite radio
 27    frequencies and services used by licensed, qualified persons of  any  age  who
 28    are  interested  in radio technique without pecuniary remuneration. These ser-
 29    vices present an opportunity for  public  service,  emergency  communications,
 30    self-training, intercommunication and technical investigations.
 31        (4)  "Amateur  radio operator" means any person who has been duly examined
 32    and licensed by the federal communications commission or its designee for  the
 33    operation  of  transmitting  and  receiving  apparatus  on  radio  frequencies
 34    internationally agreed upon for the use of the amateur radio service.
 35        (5)  "Local unit of government" means a county, city or town.
                                                                        
 36        55-2904.  ANTENNA  SUPPORT STRUCTURES -- ANTENNAS -- RESTRICTIONS ON LOCAL
 37    UNITS OF GOVERNMENT. Any rule or ordinance  of  a  local  unit  of  government
 38    involving  the  placement, screening or height of antennas and towers based on
 39    health, safety or aesthetic  considerations  must  be  crafted  to  reasonably
                                                                        
                                           2
                                                                        
  1    accommodate  amateur radio communications and to represent the minimum practi-
  2    cable regulation to accomplish a legitimate purpose of the local unit of  gov-
  3    ernment.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10992
                                
                                
This proposal provides for a new chapter of Title 55, Idaho Code,
dealing with emergency communications by amateur radio operators.
The purpose. of this chapter is to preserve the capability of
amateur radio operators within Idaho to provide radio
communications in times of emergency and disaster. The bill
specifies that local units of government cannot enact rules or
ordinances not in conformity to federal law. Additionally, local
ordinances and rules based on health, safety and aesthetic
considerations must reasonably accommodate amateur radio
communications.


                              FISCAL IMPACT
                                
None.



       


CONTACT:
Rep. Max Black 
(208) 332 1000





STATEMENT OF PURPOSE/FISCAL NOTE           H 23