ENGROSSED SENATE
BILL NO. 1195	By:	Wyrick and Justice of the Senate

			and

		Cox and Armes of the House

An Act relating to anemometer towers; defining terms; requiring certain markings for anemometer towers in certain locations; stating effective dates; requiring certain markings for towers, guy wires and facilities; stating penalties for violations; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 121 of Title 3, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of this act, the term "anemometer" means an instrument for measuring and recording the speed of wind.  The term "anemometer tower" means a structure, including all guy wires and accessory facilities, on which an anemometer is mounted.
B.  In addition to any zoning requirements of the Airport Zoning Act or the Aircraft Pilot and Passenger Protection Act, any anemometer tower that is fifty (50) feet in height above the ground or higher, that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law shall be marked, painted, flagged, or otherwise constructed to be recognizable in clear air during daylight hours.
C.  Any anemometer tower erected before the effective date of this act shall be marked as required herein within one year following the effective date of this act.  Any anemometer tower erected on or after the effective date of this act shall be marked as required herein at the time it is erected.
D.  Marking as required by this act shall include marking the anemometer tower, guy wires, and accessory facilities as follows:
1.  The top one-third (1/3) of the anemometer tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and with orange at the bottom of the marked portion of the tower;
2.  Two marker balls shall be attached to and evenly spaced on each of the outside guy wires;
3.  The area surrounding each point where a guy wire is attached to the ground shall have a contrasting appearance with any surrounding vegetation.  If the adjacent land is grazed, the area surrounding the anchor point shall be fenced not less than sixty-four (64) square feet with an outer boundary at least four (4) feet from the anchor point; and
4.  One or more seven-foot safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.
E.  Violations of this act shall constitute a misdemeanor punishable by a fine of One Hundred Dollars ($100.00) per day, per separate offense.  Subsequent violations of this act shall be punishable by a minimum fine of One Thousand Dollars ($1,000.00) not to exceed Five Thousand Dollars ($5,000.00) per day, per separate offense.
SECTION 2.  This act shall become effective November 1, 2014.
Passed the Senate the 26th day of February, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives