[PPRAANet] FW: Colorado's PRB-1 Bill - SB 15-041 Passed!

[John Bloodgood]

Latest update (below) is that it will get signed tomorrow

John Bloodgood, KD0SFY
PIO -- Region 2 District 2, Colorado ARES (Pikes Peak ARES)
www.facebook.com/PikesPeakARES
Twitter  @PikesPeakARES

 

> 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.
> 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,
> 
> --------------------------------------------------------------------
> ARRL Colorado Section
> Section Manager: Jack Ciaccia, WM0G
> wm0g at arrl.org
> --------------------------------------------------------------------
>