NOTE: The governor signed this measure on 3/13/2015.
      
      
      SENATE BILL 15-041
      
      
      BY SENATOR(S) Holbert, Cooke, Crowder, Grantham, Scheffel, Scott,
      Woods;
      also REPRESENTATIVE(S) Van Winkle, Arndt, Fields, Lebsock, Saine,
      Singer, Tate.
      
      
      Concerning a requirement that local governments regulate
           amateur radio communications in accordance with an
           existing federal preemption established by the federal
           communications commission.
      
      
      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. (1)  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.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO