(REPRINTED WITH ADOPTED AMENDMENTS)                                                                                 
FIRST REPRINT
A.B. 61
ASSEMBLY BILL NO. 61­ASSEMBLYMAN BEERS
PREFILED FEBRUARY 1, 2001
____________
Referred to Committee on Government Affairs

SUMMARY‹Provides certain restrictions relating to regulation of amateur
service communications. (BDR 22-672)

FISCAL NOTE:
Effect on Local Government: No.
Effect on the State: No.

EXPLANATION ­ Matter in bolded italics is new; matter between brackets
[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:

Section 1. Chapter 278 of NRS is hereby amended by adding thereto a
new section to read as follows:

1.  A governing body shall not adopt an ordinance, regulation or plan
or take any other action that precludes amateur service communications
or that in any other manner does not conform to the provisions of 47
C.F.R. § 97.15 and the limited preemption entitled ³Amateur Radio
Preemption, 101 F.C.C. 2d 952 (1985)² as issued by the Federal
Communications Commission.

2.  If a governing body adopts an ordinance, regulation or plan or
takes any other action that regulates the placement, screening or height
of a station antenna structure based on health, safety or aesthetic
considerations, the ordinance, regulation, plan or action must:

(a) Reasonably accommodate amateur service communications; and

(b) Constitute the minimum level of regulation practicable to carry out
the legitimate purpose of the governing body.

3.  The provisions of this section do not apply to any district
organized pursuant to federal, state or local law for the purpose of
historic or architectural preservation.

4.  Any ordinance, regulation or plan adopted by or other action
taken by a governing body in violation of the provisions of this
section is void.

5.  As used in this section:

(a) ³Amateur radio services² has the meaning ascribed to it in 47
C.F.R. § 97.3.

(b) ³Amateur service communications² means communications
carried out by one or more of the amateur radio services.

(c) ³Amateur station² has the meaning ascribed to it in 47 C.F.R. §
97.3.

(d) ³Station antenna structure² means the antenna that serves an
amateur station, including such appurtenances and other structures as
may be necessary to support, stabilize, raise, lower or otherwise adjust
the antenna.

Sec. 2.  NRS 278.010 is hereby amended to read as follows:
278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1
of this act, unless the context otherwise requires, the words and terms
defined in NRS 278.0105 to 278.0195, inclusive, have the meanings
ascribed to them in those sections.

Sec. 3.  A governing body shall review any ordinance, regulation or
plan that it has adopted or action it has taken before October 1, 2001,
relating to amateur service communications to determine whether such an
ordinance, regulation, plan or action conforms to the provisions of 47
C.F.R. § 97.15 and the limited preemption entitled ³Amateur Radio
Preemption, 101 F.C.C. 2d 952 (1985)² as issued by the Federal
Communications Commission.
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