Bill Details - HB417 (2019)

HB 417 - AS INTRODUCED

 

 

2019 SESSION

19-0574

10/01

 

HOUSE BILL 417

 

AN ACT relative to property restrictions on certain amateur radio antennas.

 

SPONSORS: Rep. Aldrich, Belk. 2; Rep. Torosian, Rock. 14

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill regulates the enforcement of property restrictions by a community association on the installation and maintenance of amateur radio antennas.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0574

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to property restrictions on certain amateur radio antennas.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Amateur Radio Antenna.  Amend RSA 477 by inserting after section 22-a the following new section:

477:22-b  Amateur Radio Antenna; Enforcement of Restrictions.

I.  In this section:

(a)  “Amateur radio services”, “amateur service”, and “amateur station” have the meanings given such terms in the Code of Federal Regulations, 47 C.F.R. 97.3.

(b)  “Community association” means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration.

II.  No property restriction or private land use restriction of a community association, including a restrictive covenant, shall be enforced which:

(a)  On its face or as applied, precludes communications in an amateur radio service regulated under federal law in 47 C.F.R, Part 97;

(b)  Fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or

(c)  Does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a covenant or bylaw seeking to enforce such restriction.

III.  The amateur radio antenna licensee shall be required to notify and obtain prior approval from the community association concerning installation of an outdoor antenna.

IV.  A community association may prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property which is not under the exclusive use or control of the licensee.

V.  Subject to paragraph I, a community association may establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.

2  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Commerce and Consumer Affairs HJ 3 P. 13
Feb. 5, 2019 Public Hearing: 02/05/2019 10:45 am LOB 302
Feb. 6, 2019 Subcommittee Work Session: 02/06/2019 09:30 am LOB 302
Feb. 6, 2019 Executive Session: 02/06/2019 02:00 pm LOB 302
Retained in Committee

Action Dates

Date Body Type
Feb. 5, 2019 House Hearing
Feb. 6, 2019 House Exec Session

Bill Text Revisions

HB417 Revision: 4635 Date: Jan. 7, 2019, 4:22 p.m.