As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 158


Representatives Stebelton, Okey 

Cosponsors: Representatives Gardner, Grossman, Hackett, Huffman, Letson, Murray, Schuring, Yuko, Adams, J., Beck, Blair, Carney, Combs, Damschroder, Fedor, Gerberry, Hottinger, Johnson, Kozlowski, Luckie, McClain, Milkovich, Young Speaker Batchelder 

Senator Jordan 



A BILL
To enact sections 303.214, 519.214, 713.082, and 1
5502.031 of the Revised Code to codify federal 2
restrictions on local zoning of amateur station 3
antenna structures thereby preserving amateur 4
radio service communications as a Homeland 5
Security resource and to place the burden of proof 6
for compliance on the zoning authority.7


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 303.214, 519.214, 713.082, and 8
5502.031 of the Revised Code be enacted to read as follows:9

       Sec. 303.214.  County rural zoning commissions, boards of 10
county commissioners, and county boards of zoning appeals shall 11
comply with section 5502.031 of the Revised Code.12

       Sec. 519.214.  Township zoning commissions, boards of 13
township trustees, and township boards of zoning appeals shall 14
comply with section 5502.031 of the Revised Code.15

       Sec. 713.082.  The legislative authorities of municipal 16
corporations, planning commissions established under section 17
713.01 of the Revised Code, and administrative boards created 18
under section 713.11 of the Revised Code shall comply with section 19
5502.031 of the Revised Code.20

       Sec. 5502.031.  (A) As used in this section:21

       (1) "Amateur radio service" means the amateur service, the 22
amateur-satellite service, and the radio amateur civil emergency 23
service as provided for under 47 C.F.R. part 97.24

       (2) "Amateur station" means a station in an amateur radio 25
service consisting of the apparatus necessary for carrying on 26
radio communications.27

       (3) "Legislative authority" means the following:28

       (a) With respect to a county, any county rural zoning 29
commission, board of county commissioners, or county board of 30
zoning appeals;31

       (b) With respect to a township, any township zoning 32
commission, board of township trustees, or township board of 33
zoning appeals;34

       (c) With respect to a municipal corporation, the legislative 35
authority of any municipal corporation, a planning commission 36
established under section 713.01 of the Revised Code, or an 37
administrative board created under section 713.11 of the Revised 38
Code.39

       (B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25, 40
519.99, and 713.06 to 713.15 of the Revised Code do not confer on 41
any legislative authority the authority to preclude amateur radio 42
service communications. Any rules adopted under those sections by 43
a legislative authority to regulate amateur radio service shall 44
comply with the following limitations:45

       (1) The legislative authority shall not restrict the height 46
or location of amateur station antenna structures in such a way as 47
to prevent effective amateur radio service communications and 48
shall comply with 47 C.F.R. 97.15.49

       (2) The rules shall reasonably accommodate amateur station 50
communications and shall constitute the minimum practicable 51
regulation necessary to accomplish the legislative authority's 52
purpose.53

       (C) Any legislative authority that denies an application for 54
approval of an amateur station antenna structure shall state the 55
reasons for the denial and shall, on appeal, bear the burden of 56
proving that the authority's actions are consistent with this 57
section.58