12-16,126.   Kansas emergency communicationspreservation act.(a) In order to enhance and preserve the operation of federally licensedamateur radio communications and to ensure its continued role in serving as anintegral resource during times of emergency for Kansas and its communities,there is hereby enacted an act which may be known and cited as the Kansasemergency communications preservation act.

      (b)   As used in this section:

      (1)   "Amateur radio services" means:

      (A)   Amateur service, as defined in 47 C.F.R. 97.3 (April 25, 2001) as aradiocommunication service for the purpose of self-training, intercommunicationand technical investigations carriedout by amateurs, that is, duly authorized persons interested in radiotechnique solely with a personal aim and without pecuniary interest;

      (B)   amateur-satellite service, as defined in47 C.F.R. 97.3(April 25, 2001) as a radiocommunication service using stations onearth satellites for the same purpose as those of the amateurservice; and

      (C)   radio amateur civil emergency service, as defined in 47 C.F.R.97.407 (February 10, 2000).

      (2)   "Amateur service communications" means communications carriedout by one or more of the federally licensed amateur radio services.

      (3)   "Amateur station" means a station in an amateur radio service consistingof the apparatus necessary for carrying on radiocommunications.

      (4)   "Station antenna structures" means the antennas thatserve a federallylicensed amateur station, including such appurtenances and otherstructures as may be necessary to support, stabilize, raise, lower orotherwise adjust the antennas. The station antenna structures shall not beconstrued to be permanent structures.

      (c)   A governing body of a city or county shall not adopt an ordinance,resolution, regulation or plan, or take anyother action that precludes federally licensed amateur radio servicecommunications, or that in any manner does not conform to the provisions of 47C.F.R. 97.15 and the limited preemption entitled "amateur radio preemption, 101F.C.C. 2d 952 (1985)" as issued by the federal communications commission.

      (d)   If a governing body of a city or county adopts an ordinance, resolution,regulation or plan, or takes any otheraction that regulates the placement, screening, number or height of a stationantenna structure based on health, safety or aesthetic considerations, theordinance, resolution, regulation, plan or action must:

      (1)   Reasonably accommodate federally licensed amateur radioservice communications; and

      (2)   constitute the minimum regulation practicable to carryout the legitimate purpose of the governing body.

      (e)   The provisions of this section do not apply to any district organizedpursuant to federal, state or local law, for the purpose of historic orarchitectural preservation.

      (f)   Any ordinance, resolution, regulation, plan or other action adopted ortaken by a governing body in violation of the provisions of this section isvoid.

      (g)   Station antenna structures constructed prior to the effective date ofthis section are exempted from subsequent changes in zoning regulations by thecity or county and may be repaired as required.

      History:   L. 2008, ch. 68, § 1; July 1.