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ARRL COLORADO SECTION MANAGER
The 10 Colorado ARES Regions
A BILL FOR AN ACT CONCERNING A LIMITATION ON THE USE OF MOBILE ELECTRONIC DEVICES WHILE DRIVING.
Second Regular Session – Seventy-second General Assembly
STATE OF COLORADO INTRODUCED LLS NO. 20-0016.01 Yelana Love x2295 SENATE BILL 20-065
Senate Committees House Committees Transportation & Energy Bill Summary
The bill limits the use of a mobile electronic device while driving to adult drivers who use the mobile electronic device through a hands-free accessory.
The bill establishes penalties of $50 and 2 points for a first violation, $100 and 2 points for a second violation, $200 and 4 points for a third or subsequent violation, and $300 and 4 points if the violation.
SENATE SPONSORSHIP Court, HOUSE SPONSORSHIP Roberts, Melton
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact, with amendments, 42-4-239 as follows: 42-4-239. Use of a mobile electronic device – definitions – penalty – preemption – legislative declaration.
(1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) OPERATING A MOTOR VEHICLE IS STATISTICALLY THE MOST DANGEROUS AND POTENTIALLY FATAL THING THAT PEOPLE DO ON A DAILY BASIS. APPROXIMATELY TWO COLORADANS DIE EACH DAY THROUGH INCIDENTS INVOLVING MOTOR VEHICLES, ACCORDING TO THE COLORADO DEPARTMENT OF TRANSPORTATION, REFERRED TO IN THIS SECTION AS “CDOT”. A MAJOR FACTOR THAT INCREASES THE DANGER IS WIDESPREAD AND IRRESPONSIBLE CELLULAR PHONE USAGE WHILE DRIVING.
(b) SINCE THE INVENTION OF THE SMARTPHONE, THE DEVICE HAS BECOME CHEAPER, MORE ACCESSIBLE, AND MORE WIDELY USED. THIS INCREASE IN PHONE USAGE WHILE DRIVING HAS BROUGHT AN INCREASE IN MOTOR-VEHICLE-RELATED DEATHS, AS DRIVERS WHO USE PHONES HAVE THEIR MANUAL, VISUAL, AND COGNITIVE ATTENTION DIVERTED AWAY FROM THEIR PRIMARY TASK OF DRIVING. TRAFFIC FATALITIES IN COLORADO INCREASED TWENTY-FOUR PERCENT BETWEEN 2017 AND 2018.
(c) IT IS CLEAR THAT PHONE USAGE WHILE DRIVING IS A SIGNIFICANT PROBLEM. IN A SURVEY CONDUCTED BY CDOT, FIFTY-THREE PERCENT OF RESPONDENTS ADMITTED TO HOLDING THEIR PHONE WHILE DRIVING THEIR CARS IN THE WEEK PRIOR TO THE SURVEY. AN INCREASE IN THE NUMBER OF DRIVERS USING CELL PHONES POSES A SUBSTANTIAL HEALTH AND SAFETY RISK TO COLORADANS. REMOVING PHONES FROM
THE HANDS OF DRIVERS WILL REDUCE DISTRACTED DRIVING AND SAVE LIVES.
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) “EMERGENCY” MEANS A SITUATION IN WHICH A PERSON:
(I) HAS REASON TO FEAR FOR THE PERSON’S LIFE OR SAFETY OR BELIEVES THAT A CRIMINAL ACT MAY BE PERPETRATED AGAINST THE PERSON OR ANOTHER PERSON, REQUIRING THE USE OF A MOBILE ELECTRONIC DEVICE WHILE THE CAR IS MOVING; OR (II) REPORTS A FIRE, A TRAFFIC ACCIDENT IN WHICH ONE OR MORE INJURIES ARE APPARENT, A SERIOUS ROAD HAZARD, A MEDICAL OR HAZARDOUS MATERIALS EMERGENCY, OR A PERSON WHO IS DRIVING IN A RECKLESS, CARELESS, OR OTHERWISE UNSAFE MANNER.
(b) “FIRST RESPONDER” MEANS:
(I) A PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;
(II) A FIREFIGHTER, AS DEFINED IN SECTION 29-5-203;
(III) A VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION 19 31-30-1102; OR
(IV) ANY OTHER PERSON WHO RESPONDS IN A PROFESSIONAL CAPACITY TO A PUBLIC SAFETY EMERGENCY.
(c) “HANDS-FREE ACCESSORY” MEANS AN ACCESSORY THAT ENABLES A PERSON TO USE A MOBILE ELECTRONIC DEVICE WITHOUT USING EITHER HAND, ALTHOUGH THE USE OF EITHER HAND MAY BE NECESSARY TO ACTIVATE, DEACTIVATE, OR INITIATE A FUNCTION OF THE MOBILE ELECTRONIC DEVICE.
(d) (I) “MOBILE ELECTRONIC DEVICE” MEANS A HANDHELD OR PORTABLE ELECTRONIC DEVICE CAPABLE OF PROVIDING VOICE COMMUNICATION BETWEEN TWO OR MORE PERSONS, AMUSEMENT, OR WIRELESS DATA.
(II) “MOBILE ELECTRONIC DEVICE” DOES NOT INCLUDE AN APPROVED IGNITION INTERLOCK DEVICE, AS DEFINED IN SECTION 42-2-132.5, OR A MEDICAL DEVICE.
(e) “USE” MEANS:
(I) HOLDING, TALKING ON, OR LISTENING TO A MOBILE ELECTRONIC DEVICE; OR
(II) ENGAGING A MOBILE ELECTRONIC DEVICE FOR TEXT MESSAGING, GAMEPLAY, TAKING PHOTOS OR VIDEOS, OR OTHER FORMS OF MANUAL DATA ENTRY OR TRANSMISSION.
(3) EXCEPT AS SPECIFIED IN SUBSECTION (4) OF THIS SECTION:
(a) A PERSON UNDER EIGHTEEN YEARS OF AGE SHALL NOT DRIVE A MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE;
(b) A PERSON EIGHTEEN YEARS OF AGE OR OLDER SHALL NOT DRIVE A MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE UNLESS THE USE IS THROUGH A HANDS-FREE ACCESSORY.
(4) IT IS NOT A VIOLATION OF THIS SECTION:
(a) TO USE A MOBILE ELECTRONIC DEVICE:
(I) TO CONTACT A PUBLIC SAFETY ENTITY;
(II) DURING AN EMERGENCY;
(III) AS A FIRST RESPONDER WHEN ACTING WITHIN THE SCOPE OF THE FIRST RESPONDER’S DUTIES;
(IV) TO INTERACT WITH A MEDICAL DEVICE; OR
(V) IN A MOTOR VEHICLE THAT IS AT REST IN A SHOULDER LANE OR LAWFULLY PARKED;
(b) TO OPERATE AN AMATEUR RADIO STATION AS A PERSON WHO HOLDS A VALID AMATEUR RADIO OPERATOR LICENSE ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION.
(5) (a) EXCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS SECTION, A PERSON WHO VIOLATES SUBSECTION (3) OF THIS SECTION COMMITS A CLASS A TRAFFIC INFRACTION. UPON CONVICTION:
(I) NOTWITHSTANDING SECTION 42-4-1701 (4)(a)(I)(P), THE COURT MAY ASSESS A FINE OF UP TO FIFTY DOLLARS FOR A FIRST OFFENSE;
(II) THE COURT SHALL ASSESS A FINE OF ONE HUNDRED DOLLARS FOR A SECOND OFFENSE; AND
(III) THE COURT SHALL ASSESS A FINE OF TWO HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE.
(b) A PERSON WHO VIOLATES SUBSECTION (3) OF THIS SECTION TO ENGAGE IN TEXT MESSAGING COMMITS A CLASS 2 MISDEMEANOR TRAFFIC OFFENSE AND, UPON CONVICTION, THE COURT SHALL ASSESS A FINE OF THREE HUNDRED DOLLARS.
(6) A LAW ENFORCEMENT OFFICER SHALL NOT CITE A PERSON OPERATING A MOTOR VEHICLE FOR A VIOLATION OF THIS SECTION UNLESS THE LAW ENFORCEMENT OFFICER SAW THE PERSON HOLD A MOBILE ELECTRONIC DEVICE. A LAW ENFORCEMENT OFFICER SHALL NOT CITE A PERSON FOR THE ENHANCED PENALTY FOR USING A MOBILE ELECTRONIC DEVICE TO ENGAGE IN TEXT MESSAGING UNLESS THE LAW ENFORCEMENT OFFICER SAW THE PERSON ENGAGING IN TEXT MESSAGING ON A MOBILE ELECTRONIC DEVICE.
(7) THIS SECTION DOES NOT AUTHORIZE THE SEIZURE AND FORFEITURE OF A MOBILE ELECTRONIC DEVICE.
(8) A LAW ENFORCEMENT OFFICER SHALL NOT CITE A COMMERCIAL DRIVER FOR A VIOLATION OF THIS SECTION IF THE COMMERCIAL DRIVER IS CITED FOR A VIOLATION OF 49 CFR 392.82. SECTION 2. In Colorado Revised Statutes, 42-2-127, amend
(5)(jj) and (5)(jj.5); and add (5)(jj.7) and (5)(jj.9) as follows:
42-2-127. Authority to suspend license – to deny license – type of conviction – points. (5) Point system schedule: Type of conviction Points (jj) A FIRST violation of section 42-4-239 (2) (3) . . . . . . . . . 1 2 (jj.5) A SECOND violation of section 42-4-239 (3) . . . . . . . . 4 2 (jj.7) A THIRD OR SUBSEQUENT VIOLATION OF SECTION 42-4-239 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (jj.9) A VIOLATION OF SECTION 42-4-239 (3) INVOLVING TEXT
MESSAGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 3. In Colorado Revised Statutes, 42-4-1701, amend (4)(a)(I)(P) as follows:
42-4-1701. Traffic offenses and infractions classified – penalties – penalty and surcharge schedule – repeal. (4) (a) (I) Except as provided in subsection (5)(c) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is
entered for a violation of this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized and have a surcharge levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to (4)(a)(I)(P) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class
B traffic infractions is fifteen dollars and the surcharge is four dollars.
These penalties and surcharges apply whether the defendant acknowledges the defendant’s guilt or liability in accordance with the procedure set forth by subsection (5)(a) of this section, is found guilty by a court of competent jurisdiction, or has a judgment entered against the defendant by a county court magistrate. Penalties and surcharges for
violating specific sections are as follows:
Section Violated Penalty Surcharge (P) Offenses by persons controlling vehicles:
42-4-239 (5)(a) (5)(a)(I) $ 50.00 $ 6.00
42-4-239 (5)(b) (5)(a)(II) 100.00 6.00
42-4-239 (5.5) (5)(a)(III) 300.00 200.00 6.00
42-4-239 (5)(b) 300.00 6.00
42-4-1704 15.00 6.00
SECTION 4. Effective date – applicability. This act takes effect July 1, 2020, and applies to offenses committed on or after said date.
SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.
COLORADO AUXCOMM BILL IS NOW LAW!
(L-R) Senator Chris Holbert (R), Robert Wareham, NØESQ (SEC/SGL), Jack Ciaccia, WMØG (SM), Jeff Ryan, KØRM (ASM), Perry Lundquist, W6AUN (ASEC), Representative Jonathan Singer (D) and seated is Colorado Governor, John W. Hickenlooper.
NEWS RELEASE!
For Immediate Release June 6, 2016
For Further Information:
Jack Ciaccia, ARRL Colorado Section Manager, WM0G@arrl.org, 303-587-0993
Robert Wareham, Colorado ARES Section Emergency Coordinator, N0ESQ@arrl.org, 303-552-7892
NEW COLORADO LAW CREATES AUXILIARY EMERGENCY COMMUNICATIONS UNIT WITHIN THE STATE’S DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
(Denver, Colorado)—The State of Colorado is leading the way in formally implementing the recommendations contained in the Federal Communications Commission’s (FCC) report to the United States Congress regarding utilizing amateur radio operators during disasters and emergencies, GN docket number 12-91.
Colorado’s House Bill 16-1040 was signed into law today (June 6, 2016) by Governor John Hickenlooper creating the Auxiliary Emergency Communications Unit in the state’s Division of Homeland Security and Emergency Management in the Department of Public Safety. The law passed through all legislative committees and both houses of the Colorado General Assembly unanimously. “The unanimous support of the Colorado Legislature on the AuxComm Bill serves as testimony to the level of cooperation that currently exists between the State of Colorado and members of the Colorado Amateur Radio Emergency Service. This Bill will make it possible for Colorado ARES to further enhance the level of emergency communications services during times of need within our State,” said ARRL Colorado Section Manager Jack Ciaccia.
Colorado’s General Assembly found that “Having a uniformly trained and credentialed unit of communication volunteers available for disaster response will materially assist emergency preparedness and disaster response efforts across the state.” Lawmakers also acknowledged that “In recent years amateur radio operators have been called upon by state and local governments to act as communication experts across a broader range of duties and responsibilities that extend beyond traditional amateur radio communication.” The findings went on to note that “While maintaining their traditional roles as amateur radio operators, many of these volunteers assist with the establishment and maintenance of communication facilities, assist with programming public safety radios during emergencies, and act as radio operators on public safety channels. During the past year, amateur radio operators have performed tens of thousands of hours of devoted service to the people of Colorado.”
The new law was conceived by Colorado Section Emergency Coordinator and State Government Liaison Robert Wareham, NØESQ while sitting with DHSEM staff in a restaurant after completing FEMA’s Office of Emergency Communications (OEC) Auxiliary Emergency Communications course in the early summer of 2012. Over that same summer, and the next year, Colorado experienced multiple major disasters including wildfires that destroyed several hundred homes and a 500-year-flood that inundated much of north-central Colorado. Amateur radio operators played key roles in responding to all of those disasters. “The real-life laboratory of successive major disaster helped us quickly realize the need for statewide response capabilities; which ideas worked, and which ones didn’t,” said Wareham. “In essence, we had the perfect storm of major disasters, FCC recommendations to Congress, and FEMA OEC sponsored training to bring it all together into the current auxiliary communications framework,” he added.
Under provisions of the new statute, Colorado ARES will enter into a section level Memorandum of Understanding (MoU) with the state’s Office of Emergency Management to recruit, train, credential, coordinate, and supervise members of the Auxiliary Emergency Communications Unit. “Too often valuable amateur radio resources are diluted by having multiple organizations in a single community competing with one another, such as having separate ARES and RACES organizations in a single county. Under the Colorado Model, all Colorado ARES members who meet the training and background check requirements of the AuxComm Unit will be issued credentials that will be recognized statewide,” Wareham explained. The law expressly provides that the AuxComm Unit performs all RACES functions for the state.
Wareham, an attorney, drafted the original bill and presented it to Representative Jonathan Singer (D-Boulder County), whose district had been severely affected by the 2013 floods; and Senator Chris Holbert (R-Douglas County). Singer agreed to be the prime sponsor of the Bill, while Holbert agreed to carry it in the state Senate. “It took longer than we expected, but in the end, the wait was worth it,” noted Wareham. In a tight budget year, the Colorado House made the bill one of its top ten priorities for discretionary funding by that body. In negotiations near the end of the session, Senate leaders agreed to match House funding from its discretionary funds to clear the way for passage of the Bill.
“The way we envision the amateur radio emergency communications community in Colorado is as a triangle with the tip pointed up. On the base level are all amateur radio operators. Hams who show an interest in community service join ARES® and complete some training. The top tier of the triangle are hams who show a commitment to emergency communications by investment in equipment, uniforms, go kits and advanced training. Obviously, the farther up the triangle you move, the more commitment and training are required. Colorado AuxComm certification will also require a criminal background check,” Wareham added. “When a disaster strikes that crosses multiple local political jurisdictions the state steps in to support local first responders. In the same way, AuxComm members will be mobilized statewide to provide emergency communications support,” he explained. Auxiliary Communicators will receive state-issued identification cards based upon OEM’s Salamander credentialing system—the same system used to credential full-time employees of the office. Local agencies can receive the volunteers knowing they meet specific training standards and have been vetted. Local governments will be encouraged to create their own AuxComm units made up of operators meeting the state credentialing requirements to utilize in local emergencies. The law expressly prohibits any organization from representing that it is an Auxiliary Communications Unit unless its members meet the credentialing requirements established by the state.
While the bill makes it clear that the unit is comprised of unpaid volunteers who are ham radio operators, it, for the first time, authorizes the reimbursement of reasonable and necessary expenses of auxiliary communicators. The bill also broadened the circumstances under which any disaster volunteer, not just auxiliary communicators, would receive Workmen’s Compensation benefits and tort immunity, similar to state or local government employees. The law also includes auxiliary communicators among those volunteers who cannot be terminated from employment for responding in support of a declared emergency. “This statute puts volunteer Amateur Radio operators on an equal footing with volunteer firefighters and other rescue workers with respect to legal benefits and protections. “The efforts of the Section ARRL officials in partnering with legislators on both sides of the aisle in the statehouse and senate serves as a model of how to work with lawmakers to protect and enhance Amateur Radio in Colorado,” said ARRL Rocky Mountain Division Vice-Director Jeff Ryan. Finally, the statute authorizes OEM to expend funds in support of strengthening the amateur radio infrastructure in the state of Colorado; and the General Assembly appropriated roughly $60,000 to administer the new program in the 2016-2017 budget year.
In 2012, Congress ordered the FCC to study the role of amateur radio operators and whether there were impediments to their expanded use during disasters and other emergencies. The FCC was given six months to investigate, gather comments, and report back to Congress. That report, GN docket number 12-91 recommended that the federal Department of Homeland Security (DHS) work with state, local, and tribal authorities to develop disaster area access policies and qualifications for trained amateur radio operators who provide emergency communications support. Colorado is believed to be the first state to formally create an AuxComm Unit by statute addressing many of the recommendations sent to Congress.
This is the second year in a row that a bill supporting amateur radio has unanimously passed out of Colorado’s General Assembly. Last year the State of Colorado codified the limited federal preemption of PRB-1 into Colorado law. Prior legislative successes include language limiting the scope of a tower painting bill on agricultural lands, and a provision specifically exempting amateur radio operators from the provisions of the hands-free cell phone bill in 2009. Wareham has now testified six times before legislative committees in support of amateur radio. In one of this year’s hearings, one lawmaker actually questioned, “Weren’t you here last year?” The new law takes effect on August 10, 2016. Wareham hopes to have the MoU between Colorado ARES and DHSEM in place by then.
Colorado’s PRB-1 Bill
Colorado’s PRB-1 Bill – SB 15-041 Presented by Senator Chris Holbert (R) and Representative Kevin Van Winkle (R) PASSED both the House and Senate Government committees UNANIMOUSLY without amendments. The Bill went on to a second and third reading and again PASSED UNANIMOUSLY without amendments. The Bill was signed into law on March 13, 2015, by Governor John W. Hickenlooper (D). Special thanks to Robert B. Wareham NØESQ, our ARRL Colorado State Government Liaison for getting the Bill written and introduced by Senators Holbert and Van Winkle as well as 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
The full text of this legislation can be found HERE
Here is the bill formulated by our ARRL Colorado Section Government Liaison, Robert Wareham, NØESQ that has been passed by the Colorado Senate and recommended without amendments and will now be presented shortly to the House for their approval. Thanks to Senator Chris Hobart (R) and Rep. Kevin Van Winkle (R) House District 43. The ARRL Legal Counsel, Chris Imlay presented legal case precedents to be introduced as well. This should help hams considering tower installation to have the state adoption of PRB-1 pre-empt onerous local city and county antenna rulings. PRB-1 can now be introduced and decided at Colorado 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 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 fail 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.
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