[NCARC] Fw: Colorado's PRB-1 Bill - SB 15-041 Passed!

Thu Mar 12 18:47:26 EDT 2015

    I'm sure some of you have seen this, now all of you have.

            Joe
----- Original Message ----- 
From: Gerry<mailto:mitch at frii.com> 
To: Joe Hawley<mailto:jhawley2 at msn.com> 
Sent: Thursday, March 12, 2015 3:17 PM
Subject: Fw: Colorado's PRB-1 Bill - SB 15-041 Passed!

Maybe we can discuss this at the next meeting or net..

-----Original Message----- 
From: ARRL Members Only Web site
Sent: Thursday, March 12, 2015 6:07 AM
To: mitch at frii.com<mailto:mitch at frii.com>
Subject: Colorado's PRB-1 Bill - SB 15-041 Passed!

BREAKING NEWS!!!

Colorado's PRB-1 Bill - (SB 15-041) presented by Senator Chris Holbert
and Representative Kevin Van Winkle, passed House and Senate Government
committee unanimously without amendments. The Bill went on to a second
and third reading and again passed unanimously without amendments. The
Bill will now be signed into Law on March 13, 2015 by Governor
Hickenlooper. Special thanks to Robert B. Wareham NØESQ, our ARRL
Colorado State Government Liaison for getting the Bill written and
introduced by Senator Holbert and Representative Van Winkle as well as
for testifying in committee.

Summarized History for Bill Number SB15-041

(The date the bill passed to the committee of the whole reflects the
date the bill passed out of committee.)

01/07/2015 - Introduced In Senate - Assigned to Local Government
01/20/2015 - Senate Committee on Local Government Refer Unamended -
Consent Calendar to Senate Committee of the Whole
01/23/2015 - Senate Second Reading Passed - No Amendments
01/26/2015 - Senate Third Reading Passed - No Amendments
01/26/2015 - Introduced In House - Assigned to Local Government
02/12/2015 - House Committee on Local Government Refer Unamended to
House Committee of the Whole
02/18/2015 - House Second Reading Laid Over Daily - No Amendments
02/19/2015 - House Second Reading Passed - No Amendments
02/20/2015 - House Third Reading Passed - No Amendments
03/04/2015 - Sent to the Governor

SB-041

Here is the bill formulated by our ARRL Colorado Section Government
Liaison, Robert Wareham, NØESQ that has been passed by the Colorado
Senate and House without amendments. ARRL Legal Counsel, Chris Imlay
also presented legal case precedents that were introduced as well. This
should help hams who are considering tower installation to have the
state adoption of PRB-1 pre-empt onerous local city and county antenna
rulings. This will allow PRB-1 to be introduced and decided at County
Court proceedings versus having to be brought before the much more
expensive Federal Court to be argued. Similar bills like this have been
passed in 31 other states, so far.

First Regular Session
Seventieth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 15-0339.01 Gregg Fraser x:4325
SENATE BILL 15-041

Senate Committees House Committees
Local Government

SENATE SPONSORSHIP
Holbert,
HOUSE SPONSORSHIP
Van Winkle,
A BILL FOR AN ACT CONCERNING A REQUIREMENT THAT LOCAL GOVERNMENTS
REGULATE
AMATEUR RADIO COMMUNICATIONS IN ACCORDANCE WITH AN EXISTING FEDERAL
PREEMPTION ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION.

Bill Summary
Note: This summary applies to this bill as introduced and does not
reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the re-engrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries<http://www.leg.state.co.us/billsummaries>.
The federal communications commission (FCC) currently limits the
authority of local governments to regulate amateur radio
communications. Any local government regulation must be based on
health, safety, or aesthetic considerations, must be crafted to
reasonably accommodate amateur radio communications, and must represent
the minimum practicable regulation to accomplish a legitimate purpose of
the local government. This federal preemption is contained in a
memorandum opinion and order from the FCC known as "PRB-1". The bill
specifies that no local government shall enact or enforce an ordinance
or resolution regulating amateur radio antennas that fails to comply
with the restrictions contained in the PRB-1.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 29-20-109 as follows:
29-20-109. Local government regulation of amateur radio antennas.

NO LOCAL GOVERNMENT SHALL ENACT OR ENFORCE AN  ORDINANCE OR RESOLUTION
REGULATING AMATEUR RADIO ANTENNAS THAT FAILS TO CONFORM TO THE LIMITED
PREEMPTION SET FORTH IN THE  MEMORANDUM OPINION AND ORDER PRB-1
ENTITLED "FEDERAL PREEMPTION OF STATE AND LOCAL REGULATIONS PERTAINING
TO AMATEUR RADIO FACILITIES", 101 FCC 2d 952 (1985), ISSUED BY THE
FEDERAL COMMUNICATIONS COMMISSION AND FURTHER CODIFIED IN 47 CFR 97.15
(b). AN ORDINANCE OR RESOLUTION ADOPTED BY A LOCAL GOVERNMENT THAT
REGULATES AMATEUR RADIO ANTENNAS SHALL CONFORM TO THE LIMITED FEDERAL
PREEMPTION WHICH PROVIDES THAT LOCAL GOVERNMENT REGULATIONS INVOLVING
THE PLACEMENT, SCREENING, OR HEIGHT OF ANTENNAS MUST:
(a) BE BASED ON HEALTH, SAFETY, OR AESTHETIC CONSIDERATIONS;
(b) BE CRAFTED TO REASONABLY ACCOMMODATE AMATEUR COMMUNICATIONS; AND
(c) REPRESENT THE MINIMUM PRACTICABLE REGULATION REQUIRED TO ACCOMPLISH
THE LOCAL GOVERNMENT'S LEGITIMATE PURPOSE.

SECTION 2. Act subject to petition - effective date. This act takes
effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly
(August 5, 2015, if adjournment sine die is on May 6, 2015); except
that, if a referendum petition is filed pursuant to section 1 (3) of
article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item,
section, or part will not take effect unless approved by the people at
the general election to be held in November 2016 and, in such case,
will take effect on the date of the official declaration of the vote
thereon by the governor.

73,

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