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Enrolled Version - Final Version House Bill 4335 History

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hb4335 enr


ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4335

(By Mr. Speaker, Mr. Kiss, and Delegates Spencer,

Staton and Stemple)

[Passed February 26, 2002; in effect ninety days from passage.]


AN ACT to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen; and that article twelve, chapter eight of said code be amended by adding thereto a new section, designated section five-d, all relating to requiring any municipal or county ordinance or order concerning the regulation or placement of amateur radio antennas meet certain requirements and comply with Federal Communications Commission regulations, rulings and orders.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirteen; and that article twelve, chapter eight of said code be amended by adding thereto a new section, designated section five-d, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-13. Regulation of amateur radio antennas.

(a) Any county ordinance or order concerning the regulation or placement of amateur radio antennas must:
(1) Comply with all Federal Communications Commission regulations and its rulings and orders;
(2) Reasonably accommodate amateur radio communications; and
(3) Represent the minimum practicable regulation to accomplish the county's legitimate purpose.
(b) Nothing in this section shall be deemed to prohibit a county commission from taking action to protect or preserve historic buildings, structures, sites and districts that have been established by federal, state or local law.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
MUNICIPALITIES
.
§8-12-5d. Regulation of amateur radio antennas.
(a) Any municipal ordinance or order concerning the regulation or placement of amateur radio antennas must:
(1) Comply with all Federal Communications Commission regulations and its rulings and orders;
(2) Reasonably accommodate amateur radio communications; and
(3) Represent the minimum practicable regulation to accomplish the municipality's legitimate purpose.
(b) Nothing in this section shall be deemed to prohibit a municipal governing body from taking action to protect or preserve historic buildings, structures, sites and districts that have been established by federal, state or local law.
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