[ARRL-OK] Third attempt to Send

[Eddie Manley]

Second attempt to post
K5EMS

----- Original Message ----- 
From: Eddie Manley
To: arrl-ok at mailman.qth.net
Sent: Saturday, May 05, 2007 12:07 PM
Subject: Senate Bill 426


Thanks to all who have followed up on our reqest to contact the Conference 
Committee members regarding SB426.   We appreciate all of the support you 
have given.  If you haven't -- we need your help.  We will see what this 
next week brings and may need to call on you again.

The reason this is in a Conference committee is that the Senate passed SB426 
and sent it to the House.  The House amended SB426 with our Amateur Radio 
bill and then passed it with the changes.   Now the Senate has to look at it 
again because the version they passed now has been changed.  We hope and 
believe that the Conference committee will give it a "DO PASS" and then it
will go back to the Senate floor for final approval.  Once it passes the 
Legislature it will go to the Governor for his approval.  So we have several 
steps to make this Law.

Many have looked for the bill on the Legislative pages and can not find the 
amended version.  Our old HB 1037 and the original SB 426 are still on the 
Legislative site, but the current bill we need to support is a "Engrossed 
House Amendment" bill ... please find it attached for your viewing. Remember 
the first part of SB426 is the original Senate bill -- our amendment is in 
Section 2 "NEW LAW" of the Bill.

Feel free to ask any questions you might have.
Eddie K5EMS
=================================

ENGROSSED HOUSE AMENDMENT< >
        TO
ENGROSSED SENATE BILL NO. 426< >         By: Eason McIntyre<> of the Senate
                                                                             
                 and
                                                                          Martin 
(Steve)< >  of the House

An Act relating to cities and towns; amending 11 O.S. 2001, Section 2-104, 
as last amended by Section 1, Chapter 301, O.S.L. 2006 (11 O.S. Supp. 2006, 
Section 2-104), which relates to municipal incorporation; * * * and 
providing an effective date.

AUTHOR:  Add the following House Coauthor: < Sherrer>

AMENDMENT NO. 1.  Strike the title, enacting clause and entire bill and
insert

"An Act relating to cities and towns; amending 11 O.S. 2001, Section 2-104, 
as last amended by Section 1, Chapter 301, O.S.L. 2006 (11 O.S. Supp. 2006, 
Section 2-104), which relates to municipal incorporation; authorizing 
certain territories having certain population to incorporate with certain 
documentation; requiring territory to be included in the survey and plat or 
incorporated as a new municipality; defining terms; providing for municipal 
regulation of amateur radio; repealing 11 O.S. 2001, Section 47-119, which 
relates to use of certain private roadways; providing for codification; and
providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     11 O.S. 2001, Section 2-104, as last amended
by Section 1, Chapter 301, O.S.L. 2006 (11 O.S. Supp. 2006, Section 2-104),
is amended to read as follows:

Section 2-104.  A.  Except as otherwise provided by subsection subsections B 
and C of this section, no territory within five (5) miles of the corporate 
limits of a municipality having a population of more than two hundred 
thousand (200,000), and no territory within three (3) miles of the corporate 
limits of any municipality having a population less than two hundred 
thousand (200,000), according to the latest federal census, shall be 
included in the survey and plat provided in Section 2-103 of this title or 
incorporated as a new municipality.

B.  Territory within five (5) miles of the corporate limits of a 
municipality having a population of more than two hundred thousand (200,000) 
may incorporate as a new municipality if it can be proved to the board of 
county commissioners by documentation that the territory has historically 
been identified as a community of people residing in compact form.  Such 
territory shall be included in the survey and plat provided in Section 2-103 
of this title or incorporated as a new municipality.

C.  Territory within three (3) miles of the corporate limits of a 
municipality having a population of less than two hundred thousand (200,000) 
may incorporate as a new municipality if it can be proved to the board of 
county commissioners by documentation that the territory has historically 
been identified as a community of people residing in compact form.  Such 
territory shall be included in the survey and plat provided in Section 2-103 
of this title or incorporated as a new municipality.  Upon application of 
any person or municipality affected, the district court in the county where 
such territory is located may afford appropriate relief for any violation of 
this section.  Urban areas annexed by a municipality which are completely 
nonadjacent to the corporate limits of the municipality are not considered 
as within the corporate limits of that municipality for the purposes of this 
section.

SECTION 2.     NEW LAW     A new section of law to be codified in the 
Oklahoma Statutes as Section <55-103> of Title <11>, unless there is created 
a duplication in numbering, reads as follows:

A.  As used in this section:

1.  "Amateur radio" means the use of amateur radio and amateur satellite 
radio frequencies and services by qualified and federally authorized persons 
of any age who are interested in radio technique without pecuniary interest;

2.  "Antenna" means an array of wires, tubing, or the like used for the 
transmission and reception of radio waves; and

3.  "Antenna support structure" means a structure or framework that is 
designed to elevate an antenna above the ground for the purpose of 
increasing the effective communications range and reliability of an amateur 
radio station.  Amateur radio antenna support structures are removable by 
design and therefore are a removable structure for assessment purposes.

B.  A municipal ordinance regulating amateur radio antenna or amateur radio 
antenna support structures shall comply with the requirements of 47 C.F.R., 
Section 97.15(b), as amended from time to time, by allowing for the erection 
of an amateur radio antenna or an amateur radio antenna support structure at 
a height and dimension sufficient to accommodate amateur radio service
communications.

SECTION 3.     REPEALER     <11> O.S. 2001, Section <47-119>, is hereby 
repealed.

SECTION 4.  This act shall become effective November 1, 2007."

Passed the House of Representatives the <19th> day of <April>, 2007.

Presiding Officer of the House of Representatives

Passed the Senate the ____ day of __________, 2007.

Presiding Officer of the Senate