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ENGROSSED HOUSE
BILL NO. 2174 By: Hilbert, Phillips and
Talley of the House
and
Rosino of the Senate
An Act relating to aircraft and airports; creating
the Unmanned Aircraft Systems Development Act of
2021; stating legislative intent; establis hing the
Oklahoma Aeronautics Commission as the clearinghouse
for unmanned aircraft systems (UAS); designating the
Commission as the agency to promote, enhance, develop
and ensure safety of UAS; stating purpose of the
clearinghouse; requiring the Commissio n cooperate
with other entities for the development and
acceptance of UAS; allowing the Commission to use
established processes or use of contracting to
achieve goals; stating primary goal of clearinghouse;
stating duties of clearinghouse; amending 3 O.S.
2011, Section 82, which relates to definitions;
defining terms; providing for noncodification;
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 not to be
codified in the Oklahoma Statutes reads as follows:
A. This act shall be known and may be cited as the "Unmanned
Aircraft Systems Development Act of 2021".
B. It is the intent of the Oklahoma Legislature to bring
awareness to the fact that unmanned aircraft systems (UAS) or drones
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offer extraordinary and vast potential for transforming the way we
live and work. Fully realizing and implementing the benefits of UAS
will require public acceptance and a comprehensive statewid e
strategy. This act intends to ensure that the state's UAS resources
can be brought together to organize, collaborate and cooperate with
each other for the purposes of ensuring the successful integration
of UAS and to ensure that UAS are used in a safe, responsible and
lawful manner so that the public can, with confidence, embrace this
new and incredible technology.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 401 of Title 3, unless the re is
created a duplication in numbering, reads as follows:
A. The Oklahoma Aeronautics Commission is hereby established as
the clearinghouse for unmanned aircraft systems (UAS) in the State
of Oklahoma and shall be designated as the agency of this state for
the promotion, enhancement and development of UAS and to ensure the
safe integration and use of this new technology within the state.
The purpose of this clearinghouse is to create a partnership between
those entities that currently operate UAS, those that desire to use
this technology in the future and other entities that can support
the research and development of UAS to ensure that the State of
Oklahoma can more effectively respond to the needs of this critical
sector of the aviation and aerospace i ndustry. In the operation of
this clearinghouse, the Commission shall cooperate, assist and
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coordinate with the federal government, agencies of this state,
tribal entities, municipalities and other persons in the development
of unmanned aircraft systems t hroughout the state to ensure the
acceptance of this technology and the successful integration of UAS
into the National Airspace System. Contingent upon the availability
of funds, the Oklahoma Aeronautics Commission may use established
program processes or may contract with other qualified entities to
carry out the duties and responsibilities of this act.
B. The primary goal of the UAS clearinghouse within the
Commission is to establish a central point within state government
to develop the strategy for how the State of Oklahoma can become a
leader in the UAS industry. It will focus the collective resources,
knowledge, information and assets within state government to ensure
coordinated efforts amongst all parties. The clearinghouse will:
1. Conduct research on what other states and localities are
doing insofar as their UAS rules and regulations so that it can
provide recommendations to ensure Oklahoma is in the best position
within the industry;
2. Organize and coordinate the application for any UAS test
site, integration opportunity, pilot program or grant funding on
behalf of the State of Oklahoma;
3. Maintain a registry of UAS being operated by state agencies,
except those UAS that are part of a university -affiliated research
program; and
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4. Maintain a registry of educational institutions that offer
training programs for users of UAS.
SECTION 3. AMENDATORY 3 O.S. 2011, Section 82, is
amended to read as follows:
Section 82. As used in the Oklahoma Aeronautics Commission A ct,
unless the context otherwise requires:
(a) 1. "Aeronautics" means the science, art, and practice of
flight including, but not limited to, transportation by aircraft and
matters relating to air commerce; the operation, construction,
repair, or maintenance of aircraft, aircraft power plants and
accessories, including the repair, packing, and maintenance of
parachutes; the design, establishment, construction, extension,
operation, improvement, repair, or maintenance of airports,
restricted landing areas, or other air navigation facilities; and
instruction in flying or ground subjects pertaining thereto .
(b) "Aircraft" means any contrivance now known, or hereafter
invented, used, or designed for navigation of or flight in the air
or airspace.
(c) "Airport" means an area of land or water that is used, or
intended to be used, for the landing and takeoff of aircraft, and
buildings and facilities, if any.
(d) "Airspace" means that portion of the atmosphere overlying a
designated geographical area considered a s subject to territorial
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jurisdiction or international law in respect to its use by aircraft,
guided missiles, and rockets.
(e) "Commission" means the Oklahoma Aeronautics Commission.
(f) "Director" means the Director of Aeronautics of Oklahoma.
(g) "State" or "this state" means the State of Oklahoma.
(h) "Air navigation facility" means any facility used in,
available for use in, or designed for use in, aid of air navigation,
including landing areas, any structures, mechanisms, lights,
beacons, markers, communicating systems, or other instrumentalities
or devices used or useful as an aid, or constituting an advantage or
convenience, to the safe taking off, navigation, and landing of
aircraft, or the safe and efficient operation or maintenance of an
airport, and any combination of any or all of such facilities.
(i) "Operation of aircraft" or "operate aircraft" means the
use, navigation, or piloting of aircraft in the airspace over this
state or upon any airport within this state.
(j) "Airman" means any i ndividual who engages, as the person in
command, or as pilot, mechanic, or member of the crew, in the
navigation of aircraft while under way, and any individual who is
directly in charge of the inspection, maintenance, overhauling, or
repair of aircraft, a ircraft engines, propellers, and appliances.
(k) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or body
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politic; and includes any trustee, receiver, assignee, or other
similar representative t hereof.
(l) "Municipality" means any incorporated city, village, or
town of this state and any county or political subdivision or
district in this state, or any public trust thereof, which is, or
may be, authorized by law to acquire, establish, construct,
maintain, improve, and operate airports, airstrips, and aeronautical
navigation facilities.
(m) "Aeronautical hazard" means any structure, object of
natural growth, or use of land, which obstructs the airspace
required for the flight of aircraft in landi ng or taking off at an
airport that is otherwise hazardous to the operation and navigation
of aircraft.
(n) "Resources" means services, facilities, funds, equipment,
property, personnel, and such other activities as are customarily
included within the ter m.
(o) "Helipad" means a small, designated area, usually with a
prepared surface, on a heliport, airport, landing or takeoff area,
apron or ramp, or movement area used for takeoff, landing or parking
of helicopters.
(p) "Heliport" means an area of land, water or structure used
or intended to be used for the landing and takeoff of helicopters
and includes its buildings and facilities, if any.
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(q) "Commercial service airport" means an airport meeting the
current Federal Aviation Administration definition f or commercial
service airport.
(r) "Primary commercial service airport" means an airport
meeting the current Federal Aviation Administration definition for
primary commercial service airport.
(s) "Reliever airport" means an airport designated by the
Federal Aviation Administration as a reliever airport and which
provides substantial capacity or instrument training relief to a
primary commercial service airport.
(t) "General aviation airport" means an airport not meeting the
criteria for definition as a c ommercial service or reliever airport ;
2. "Aeronautical hazard" means any structure, object of natural
growth, or use of land which obstructs the airspace required for the
flight of aircraft in landing or taking off at an airport that is
otherwise hazardous to the operation and navigation of aircraft;
3. "Air navigation facility" means any facility used in,
available for use in, or designed for use in, aid of air navigation,
including landing areas, any structures, mechanisms, lights,
beacons, markers, co mmunicating systems, or other instrumentalities
or devices used or useful as an aid, or constituting an advantage or
convenience, to the safe taking off, navigation, and landing of
aircraft, or the safe and efficient operation or maintenance of an
airport, and any combination of any or all of such facilities;
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4. "Aircraft" means any contraption now known, or hereafter
invented, used, or designed for navigation of or flight in the air
or airspace;
5. "Airman" means any individual who engages, as the person in
command, or as a pilot, mechanic, or member of the crew, in the
navigation of aircraft while under way, and any individual who is
directly in charge of the inspection, maintenance, overhauling, or
repair of aircraft, aircraft engines, propellers, and a ppliances;
6. "Airport" means an area of land or water that is used, or
intended to be used, for the landing and takeoff of aircraft, and
buildings and facilities, if any;
7. "Airspace" means that portion of the atmosphere overlying a
designated geographical area considered as subject to territorial
jurisdiction or international law in respect to its use by aircraft,
guided missiles, and rockets;
8. "Commercial service airport" means an airport meeting the
current Federal Aviation Administration definiti on for commercial
service airport;
9. "Commission" means the Oklahoma Aeronautics Commission;
10. "Director" means the Director of Aeronautics of Oklahoma;
11. "General aviation airport" means an airport not meeting the
criteria for definition as a comm ercial service or reliever airport;
12. "Helipad" means a small, designated area, usually with a
prepared surface, on a heliport, airport, landing or takeoff area,
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apron or ramp, or movement area used for takeoff, landing or parking
of helicopters;
13. "Heliport" means an area of land, water or structure used
or intended to be used for the landing and takeoff of helicopters
and includes its buildings and facilities, if any;
14. "Manned aircraft" means an aircraft, as defined in this
section, that is oper ated with a person in or on the aircraft;
15. "Model aircraft" means an aircraft , as defined in this
section, that is mechanically driven or launched into flight and
that meets all of the following requirements:
a. is flown solely for hobby or recreationa l purposes,
and
b. is not used for payment, consideration, gratuity or
benefit, directly or indirectly charged, demanded,
received or collected by any person for the use of the
aircraft or any photographic or video image produced
by the aircraft;
16. "Municipality" means any incorporated city, village, or
town of this state and any county or political subdivision or
district in this state, or any public trust thereof, which is, or
may be, authorized by law to acquire, establish, construct,
maintain, improve, and operate airports, airstrips, and aeronautical
navigation facilities;
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17. "Operation of aircraft" or "operate aircraft" means the
use, navigation, or piloting of aircraft in the airspace over this
state or upon any airport within this state;
18. "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic and includes any trustee, receiver, assignee, or other
similar representative thereof;
19. "Primary commercial service airport" mea ns an airport
meeting the current Federal Aviation Administration definition for
primary commercial service airport;
20. "Reliever airport" means an airport designated by the
Federal Aviation Administration as a reliever airport and which
provides substantial capacity or instrument training relief to a
primary commercial service airport;
21. "Resources" means services, facilities, funds, equipment,
property, personnel, and such other activities as are customarily
included within the term;
22. "State" or "this state" means the State of Oklahoma;
23. "Unmanned aircraft" means an aircraft, as defined in this
section, that is operated without the possibility of human
intervention from within or on the aircraft; and
24. "Unmanned aircraft system" means an un manned aircraft and
associated elements including communication links and components
that control the unmanned aircraft that are required for the pilot
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in command to operate safely and efficiently in the National
Airspace System.
SECTION 4. This act shall become effective November 1, 2021.
Passed the House of Representatives the 8th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate