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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 - 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.
|||| 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".
|||| 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
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