Assembly Bill No. 61–Assemblyman Beers
Prefiled February 1, 2001
Referred to Committee on Government Affairs
– Matter in bolded italics is new; matter
[ omitted material] is material to be omitted.
AN ACT relating to property; prohibiting a governing body from taking certain actions that preclude amateur service communications; providing certain requirements relating to the regulation of the placement, screening or height of a station antenna structure; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-2 new section to read as follows:
1-3 1. A governing body shall not adopt an ordinance, regulation or plan
1-4 or take any other action that precludes amateur service communications
1-5 or that in any other manner does not conform to the provisions of 47
1-6 C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio
1-7 Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal
1-8 Communications Commission.
1-9 2. If a governing body adopts an ordinance, regulation or plan or
1-10 takes any other action that regulates the placement, screening or height
1-11 of a station antenna structure based on health, safety or aesthetic
1-12 considerations, the ordinance, regulation, plan or action must:
1-13 (a) Reasonably accommodate amateur service communications; and
1-14 (b) Constitute the minimum level of regulation practicable to carry out
1-15 the legitimate purpose of the governing body.
1-16 3. The provisions of this section do not apply to any district
1-17 organized pursuant to federal, state or local law for the purpose of
1-18 historic or architectural preservation.
1-19 4. Any ordinance, regulation or plan adopted by or other action
1-20 taken by a governing body in violation of the provisions of this section is
2-1 5. As used in this section:
2-2 (a) “Amateur radio services” has the meaning ascribed to it in 47
2-3 C.F.R. § 97.3.
2-4 (b) “Amateur service communications” means communications
2-5 carried out by one or more of the amateur radio services.
2-6 (c) “Amateur station” has the meaning ascribed to it in 47 C.F.R. §
2-8 (d) “Station antenna structure” means the antenna that serves an
2-9 amateur station, including such appurtenances and other structures as
2-10 may be necessary to support, stabilize, raise, lower or otherwise adjust
2-11 the antenna.
2-12 Sec. 2. NRS 278.010 is hereby amended to read as follows:
2-13 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1
2-14 of this act, unless the context otherwise requires, the words and terms
2-15 defined in NRS 278.0105 to 278.0195, inclusive, have the meanings
2-16 ascribed to them in those sections.
2-17 Sec. 3. A governing body shall review any ordinance, regulation or
2-18 plan that it has adopted or action it has taken before October 1, 2001,
2-19 relating to amateur service communications to determine whether such an
2-20 ordinance, regulation, plan or action conforms to the provisions of 47
2-21 C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio
2-22 Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal
2-23 Communications Commission.