Introduced Version




SENATE BILL No. 109

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-7-5.2.

Synopsis: Regulation of amateur radio antennas. Requires a municipality or county to comply with an FCC ruling concerning amateur radio preemption or a regulation related to amateur radio service. Prohibits a municipality or county from restricting the height of amateur radio antennas to less than 75 feet above ground level.

Effective: July 1, 2003.



Antich


    January 7, 2003, read first time and referred to Committee on Governmental Affairs and Interstate Cooperation.




Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 109


    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 36-7-5.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 5.2. Regulation of Amateur Radio Antennas
    Sec. 1. A municipality or county may not enact or enforce an ordinance, a resolution, or an order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2d 952 (1985)" or a regulation related to the amateur radio service adopted under 47 CFR Part 97.
    Sec. 2. If a municipality or county adopts an ordinance, a resolution, or an order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance, resolution, or order must:
        (1) reasonably accommodate amateur radio communications; and
        (2) represent the minimal regulation practicable to accomplish the municipality's or county's legitimate purpose.

    Sec. 3. A local ordinance, resolution, or order may not restrict the height of an amateur radio antenna to less than seventy-five (75) feet above ground level.
    Sec. 4. This chapter does not prohibit a municipality or county from taking action to protect or preserve a historic, a historical, or an architectural district that is established by the municipality or county or under state or federal law.