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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved 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".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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 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