12-16,126. Kansas emergency communications preservation act. (a) In order to enhance and preserve the operation of federally licensed amateur radio communications and to ensure its continued role in serving as an integral resource during times of emergency for Kansas and its communities, there is hereby enacted an act which may be known and cited as the Kansas emergency 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 a radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest;
(B) amateur-satellite service, as defined in 47 C.F.R. § 97.3 (April 25, 2001) as a radiocommunication service using stations on earth satellites for the same purpose as those of the amateur service; 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 carried out by one or more of the federally licensed amateur radio services.
(3) "Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.
(4) "Station antenna structures" means the antennas that serve a federally licensed amateur station, including such appurtenances and other structures as may be necessary to support, stabilize, raise, lower or otherwise adjust the antennas. The station antenna structures shall not be construed to be permanent structures.
(c) A governing body of a city or county shall not adopt an ordinance, resolution, regulation or plan, or take any other action that precludes federally licensed amateur radio service communications, or that in any manner does not conform to the provisions of 47 C.F.R. § 97.15 and the limited preemption entitled "amateur radio preemption, 101 F.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 other action that regulates the placement, screening, number or height of a station antenna structure based on health, safety or aesthetic considerations, the ordinance, resolution, regulation, plan or action must:
(1) Reasonably accommodate federally licensed amateur radio service communications; and
(2) constitute the minimum regulation practicable to carry out the legitimate purpose of the governing body.
(e) The provisions of this section do not apply to any district organized pursuant to federal, state or local law, for the purpose of historic or architectural preservation.
(f) Any ordinance, resolution, regulation, plan or other action adopted or taken by a governing body in violation of the provisions of this section is void.
(g) Station antenna structures constructed prior to the effective date of this section are exempted from subsequent changes in zoning regulations by the city or county and may be repaired as required.
History: L. 2008, ch. 68, § 1; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 16 - Miscellaneous Provisions
12-1608 Quarterly report by treasurer.
12-1610a Kansas Government Journal subscriptions.
12-1610b Same; compilation of information.
12-1610c League of Kansas municipalities; annual dues, expenses of attending meetings.
12-1610e Same; membership in, when; instrumentality; powers; act supplemental.
12-1610f Same; city delegates; powers and duties.
12-1613 Property of dormant cities.
12-1614 Same; election of officers; delivery of property to mayor.
12-1616b Same; approval of plans by chief engineer before bonds issued.
12-1617 Farm and aquaculture products; peddler's license or permit; fee.
12-1617a Delegates to firemen's association and school.
12-1617c Dissolution of certain inoperative sewer districts located wholly within cities.
12-1617d Dissolution of certain inoperative cemetery districts located wholly within cities.
12-1617f Weeds, removal or destruction; assessment and collection of costs; notice; procedure.
12-1617g Ordinances on nuisances.
12-1634 Same; cities in counties over 90,000; regulation of speed; bond issue.
12-1651 Official newspaper in cities of second and third classes; qualifications.
12-1654 Oil and gas leases; moneys to general fund.
12-1655 Same; validation of prior leases.
12-1658 Historical collections; housing and display.
12-1659 Same; supervisor or curator; compensation.
12-1660 Same; historical society as supervisor or curator, when; compensation.
12-1661 Same; tax levy, use of proceeds.
12-1662 Federal aid to public agencies; definitions.
12-1665 Same; temporary notes; refunding notes; sale or exchange.
12-1667 Same; tax levies; outside aggregate limits.
12-1668 Same; act not exclusive.
12-1670 Same; approval or disapproval; resubmission, when.
12-1671 Certain investments; exception to cash-basis law.
12-1672 Certain investments; exception to budget law.
12-1674 Same; special services fund; use; no-fund warrants.
12-1676 Inapplicability of act to certain moneys; rates.
12-1676a Weekly advisory memorandum as to rates of interest to county treasurers.
12-1677a Municipal investment pool fund; investments; requirements; rules and regulations.
12-1677d Municipally established foundations; investment of funds.
12-1677f Investment of public funds by governmental entities; reinvestment of matured funds.
12-1680b Same; resolution; publication; petition.
12-1680c Same; special election upon protest.
12-1681 Community historical museums authorized; property and employees.
12-1683 Conduct of activities of museums; acceptance of gifts.
12-1684 Petition for establishment; election; tax levies.
12-1685 Same; filing of petition; joint meeting; notice of receipt and meeting.
12-1687 Membership of museum commissions; terms; officers; powers.
12-1688 Community historical museums; tax levies; increases, election.
12-1690 Same; supervisor and curator; appointment and compensation; duties.
12-1691 Same; acceptance of gifts and articles of historical value.
12-1692 Promotion of tourism and conventions; definitions.
12-1694b Same; interest and penalties for failure to pay or untimely payment of transient guest tax.
12-1695 Convention and tourism committee; appointment; terms; contracts for programs.
12-1696 Promotion of tourism and conventions; definitions.
12-1698a Same; interest and penalties for failure to pay or untimely payment of transient guest tax.
12-1699 Same; levy of tax prohibited, when.
12-16,100 Same; transient guest tax refund fund.
12-16,101 Convention and tourism committee; appointment; terms; contracts and programs.
12-16,103 Acquisition of fee title to realty; sale of realty; record.
12-16,104 Release of easement; notice; fee.
12-16,105 Use of property no longer needed for school building in McPherson, Kansas.
12-16,106 Human relations commission; enforcement and review of orders.
12-16,107 Same; enforcement of subpoenas.
12-16,108 State grants or loans to municipalities; definitions.
12-16,109 Same; authority to borrow money for temporary financing of service or improvement.
12-16,110 Same; general obligation of municipality; excluded from debt limit.
12-16,111 Same; not subject to budget limitations.
12-16,112 Same; amount of bonds, if issued.
12-16,113 Accounting required of expenditures of transient guest tax moneys.
12-16,114 Housing trust funds; purpose; funding of; administration.
12-16,115 Imitation firearms; civil penalty for sale, manufacture or distribution.
12-16,116 Transfer of title to public streets, avenues, alleys or lanes; cities in Crawford county.
12-16,118 Transfer of certain money and royalty interest to city of Oxford; procedure.
12-16,119 Booking or processing fee; disbursement; fee limitation.
12-16,121 Paving materials provided by cities and counties; limitations.
12-16,122 Paving materials; mining and manufacturing for use by cities and counties; limitations.
12-16,123 Cities and counties prohibited from requiring lists of tenants; exceptions.
12-16,124 Firearms and ammunition; regulation by city or county, limitations.
12-16,124a Same; limitation on liability of municipality.
12-16,124b Same; prohibiting use of tax proceeds for firearms buyback programs.
12-16,126 Kansas emergency communications preservation act.
12-16,128 Mayoral appointments; governing body approval; time limits; other requirements.
12-16,129 Accident response service fee prohibited.
12-16,132 Cities; certain ordinances void as against public policy.
12-16,134 Knives and knife making components; regulation by municipality, limitations.
12-16,136 Regulating consumer incentive items and nutrition labeling of food; definitions.