Oklahoma 2022 Regular Session

Oklahoma House Bill HB2174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	SENATE FLOOR VERSION - HB2174 SFLR Page 1
4		-	(Bold face denotes Committee Amendments) 1
	3	+	ENGR. H. B. NO. 2174 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28	27
29		-	SENATE FLOOR VERSION
30		-	March 24, 2021
31		-
32		-
33	28		ENGROSSED HOUSE
34		-	BILL NO. 2174 By: Hilbert, Phillips~~, Talley~~
35		-	~~and Steagall~~ of the House
	29	+	BILL NO. 2174 By: Hilbert, Phillips and
	30	+	Talley of the House
36	31
37	32		and
38	33
39	34		Rosino of the Senate
40	35
41	36
42	37
43	38
44	39
45	40		An Act relating to aircraft and airports; creating
46	41		the Unmanned Aircraft Systems Development Act of
47	42		2021; stating legislative intent; establis hing the
48	43		Oklahoma Aeronautics Commission as the clearinghouse
49	44		for unmanned aircraft systems (UAS); designating the
50	45		Commission as the agency to promote, enhance, develop
51	46		and ensure safety of UAS; stating purpose of the
52	47		clearinghouse; requiring the Commissio n cooperate
53	48		with other entities for the development and
54	49		acceptance of UAS; allowing the Commission to use
55	50		established processes or use of contracting to
56	51		achieve goals; stating primary goal of clearinghouse;
57	52		stating duties of clearinghouse; amending 3 O.S.
58	53		2011, Section 82, which relates to definitions;
59	54		defining terms; providing for noncodification;
60	55		providing for codification; and providing an
61	56		effective date.
62	57
63	58
64	59
65	60
66	61
67	62		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
68	63		SECTION 1. NEW LAW A new section of law not to be
69	64		codified in the Oklahoma Statutes reads as follows:
70	65		A. This act shall be known and may be cited as the "Unmanned
71	66		Aircraft Systems Development Act of 2021".
	67	+	B. It is the intent of the Oklahoma Legislature to bring
	68	+	awareness to the fact that unmanned aircraft systems (UAS) or drones
72	69
73		-	SENATE FLOOR VERSION - HB2174 SFLR Page 2
74		-	(Bold face denotes Committee Amendments) 1
	70	+	ENGR. H. B. NO. 2174 Page 2 1
75	71		2
76	72		3
77	73		4
78	74		5
79	75		6
80	76		7
81	77		8
82	78		9
83	79		10
84	80		11
85	81		12
86	82		13
87	83		14
88	84		15
89	85		16
90	86		17
91	87		18
92	88		19
93	89		20
94	90		21
95	91		22
96	92		23
97	93		24
98	94
99		-	B. It is the intent of the Oklahoma Legislature to bring
100		-	awareness to the fact that unmanned aircraft systems (UAS) or drones
101	95		offer extraordinary and vast potential for transforming the way we
102	96		live and work. Fully realizing and implementing the benefits of UAS
103	97		will require public acceptance and a comprehensive statewid e
104	98		strategy. This act intends to ensure that the state's UAS resources
105	99		can be brought together to organize, collaborate and cooperate with
106	100		each other for the purposes of ensuring the successful integration
107	101		of UAS and to ensure that UAS are used in a safe, responsible and
108	102		lawful manner so that the public can, with confidence, embrace this
109	103		new and incredible technology.
110	104		SECTION 2. NEW LAW A new section of law to be codified
111	105		in the Oklahoma Statutes as Section 401 of Title 3, unless the re is
112	106		created a duplication in numbering, reads as follows:
113	107		A. The Oklahoma Aeronautics Commission is hereby established as
114	108		the clearinghouse for unmanned aircraft systems (UAS) in the State
115	109		of Oklahoma and shall be designated as the agency of this state for
116	110		the promotion, enhancement and development of UAS and to ensure the
117	111		safe integration and use of this new technology within the state.
118	112		The purpose of this clearinghouse is to create a partnership between
119	113		those entities that currently operate UAS, those that desire to use
120	114		this technology in the future and other entities that can support
121	115		the research and development of UAS to ensure that the State of
122	116		Oklahoma can more effectively respond to the needs of this critical
	117	+	sector of the aviation and aerospace i ndustry. In the operation of
	118	+	this clearinghouse, the Commission shall cooperate, assist and
123	119
124		-	SENATE FLOOR VERSION - HB2174 SFLR Page 3
125		-	(Bold face denotes Committee Amendments) 1
	120	+	ENGR. H. B. NO. 2174 Page 3 1
126	121		2
127	122		3
128	123		4
129	124		5
130	125		6
131	126		7
132	127		8
133	128		9
134	129		10
135	130		11
136	131		12
137	132		13
138	133		14
139	134		15
140	135		16
141	136		17
142	137		18
143	138		19
144	139		20
145	140		21
146	141		22
147	142		23
148	143		24
149	144
150		-	sector of the aviation and aerospace i ndustry. In the operation of
151		-	this clearinghouse, the Commission shall cooperate, assist and
152	145		coordinate with the federal government, agencies of this state,
153	146		tribal entities, municipalities and other persons in the development
154	147		of unmanned aircraft systems t hroughout the state to ensure the
155	148		acceptance of this technology and the successful integration of UAS
156	149		into the National Airspace System. Contingent upon the availability
157	150		of funds, the Oklahoma Aeronautics Commission may use established
158	151		program processes or may contract with other qualified entities to
159	152		carry out the duties and responsibilities of this act.
160	153		B. The primary goal of the UAS clearinghouse within the
161	154		Commission is to establish a central point within state government
162	155		to develop the strategy for how the State of Oklahoma can become a
163	156		leader in the UAS industry. It will focus the collective resources,
164	157		knowledge, information and assets within state government to ensure
165	158		coordinated efforts amongst all parties. The clearinghouse will:
166	159		1. Conduct research on what other states and localities are
167	160		doing insofar as their UAS rules and regulations so that it can
168	161		provide recommendations to ensure Oklahoma is in the best position
169	162		within the industry;
170	163		2. Organize and coordinate the application for any UAS test
171	164		site, integration opportunity, pilot program or grant funding on
172	165		behalf of the State of Oklahoma;
	166	+	3. Maintain a registry of UAS being operated by state agencies,
	167	+	except those UAS that are part of a university -affiliated research
	168	+	program; and
173	169
174		-	SENATE FLOOR VERSION - HB2174 SFLR Page 4
175		-	(Bold face denotes Committee Amendments) 1
	170	+	ENGR. H. B. NO. 2174 Page 4 1
176	171		2
177	172		3
178	173		4
179	174		5
180	175		6
181	176		7
182	177		8
183	178		9
184	179		10
185	180		11
186	181		12
187	182		13
188	183		14
189	184		15
190	185		16
191	186		17
192	187		18
193	188		19
194	189		20
195	190		21
196	191		22
197	192		23
198	193		24
199	194
200		-	3. Maintain a registry of UAS being operated by state agencies,
201		-	except those UAS that ar e part of a university-affiliated research
202		-	program; and
203	195		4. Maintain a registry of educational institutions that offer
204	196		training programs for users of UAS.
205	197		SECTION 3. AMENDATORY 3 O.S. 2011, Section 82, is
206	198		amended to read as follows:
207	199		Section 82. As used in the Oklahoma Aeronautics Commission A ct,
208	200		unless the context otherwise requires:
209	201		(a) 1. "Aeronautics" means the science, art, and practice of
210	202		flight including, but not limited to, transportation by aircraft and
211	203		matters relating to air commerce; the operation, construction,
212	204		repair, or maintenance of aircraft, aircraft power plants and
213	205		accessories, including the repair, packing, and maintenance of
214	206		parachutes; the design, establishment, construction, extension,
215	207		operation, improvement, repair, or maintenance of airports,
216	208		restricted landing areas, or other air navigation facilities; and
217	209		instruction in flying or ground subjects pertaining thereto .
218	210		(b) "Aircraft" means any contrivance now known, or hereafter
219	211		invented, used, or designed for navigation of or flight in the air
220	212		or airspace.
221	213		(c) "Airport" means an area of land or water that is used, or
222	214		intended to be used, for the landing and takeoff of aircraft, and
223	215		buildings and facilities, if any.
	216	+	(d) "Airspace" means that portion of the atmosphere overlying a
	217	+	designated geographical area considered a s subject to territorial
224	218
225		-	SENATE FLOOR VERSION - HB2174 SFLR Page 5
226		-	(Bold face denotes Committee Amendments) 1
	219	+	ENGR. H. B. NO. 2174 Page 5 1
227	220		2
228	221		3
229	222		4
230	223		5
231	224		6
232	225		7
233	226		8
234	227		9
235	228		10
236	229		11
237	230		12
238	231		13
239	232		14
240	233		15
241	234		16
242	235		17
243	236		18
244	237		19
245	238		20
246	239		21
247	240		22
248	241		23
249	242		24
250	243
251		-	(d) "Airspace" means that portion of the atmosphere overlying a
252		-	designated geographical area considered a s subject to territorial
253	244		jurisdiction or international law in respect to its use by aircraft,
254	245		guided missiles, and rockets.
255	246		(e) "Commission" means the Oklahoma Aeronautics Commission.
256	247		(f) "Director" means the Director of Aeronautics of Oklahoma.
257	248		(g) "State" or "this state" means the State of Oklahoma.
258	249		(h) "Air navigation facility" means any facility used in,
259	250		available for use in, or designed for use in, aid of air navigation,
260	251		including landing areas, any structures, mechanisms, lights,
261	252		beacons, markers, communicating systems, or other instrumentalities
262	253		or devices used or useful as an aid, or constituting an advantage or
263	254		convenience, to the safe taking off, navigation, and landing of
264	255		aircraft, or the safe and efficient operation or maintenance of an
265	256		airport, and any combination of any or all of such facilities.
266	257		(i) "Operation of aircraft" or "operate aircraft" means the
267	258		use, navigation, or piloting of aircraft in the airspace over this
268	259		state or upon any airport within this state.
269	260		(j) "Airman" means any i ndividual who engages, as the person in
270	261		command, or as pilot, mechanic, or member of the crew, in the
271	262		navigation of aircraft while under way, and any individual who is
272	263		directly in charge of the inspection, maintenance, overhauling, or
273	264		repair of aircraft, a ircraft engines, propellers, and appliances.
	265	+	(k) "Person" means any individual, firm, partnership,
	266	+	corporation, company, association, joint stock association, or body
274	267
275		-	SENATE FLOOR VERSION - HB2174 SFLR Page 6
276		-	(Bold face denotes Committee Amendments) 1
	268	+	ENGR. H. B. NO. 2174 Page 6 1
277	269		2
278	270		3
279	271		4
280	272		5
281	273		6
282	274		7
283	275		8
284	276		9
285	277		10
286	278		11
287	279		12
288	280		13
289	281		14
290	282		15
291	283		16
292	284		17
293	285		18
294	286		19
295	287		20
296	288		21
297	289		22
298	290		23
299	291		24
300	292
301		-	(k) "Person" means any individual, firm, partnership,
302		-	corporation, company, association, joint stock association, or body
303	293		politic; and includes any trustee, receiver, assignee, or other
304	294		similar representative t hereof.
305	295		(l) "Municipality" means any incorporated city, village, or
306	296		town of this state and any county or political subdivision or
307	297		district in this state, or any public trust thereof, which is, or
308	298		may be, authorized by law to acquire, establish, construct,
309	299		maintain, improve, and operate airports, airstrips, and aeronautical
310	300		navigation facilities.
311	301		(m) "Aeronautical hazard" means any structure, object of
312	302		natural growth, or use of land, which obstructs the airspace
313	303		required for the flight of aircraft in landi ng or taking off at an
314	304		airport that is otherwise hazardous to the operation and navigation
315	305		of aircraft.
316	306		(n) "Resources" means services, facilities, funds, equipment,
317	307		property, personnel, and such other activities as are customarily
318	308		included within the ter m.
319	309		(o) "Helipad" means a small, designated area, usually with a
320	310		prepared surface, on a heliport, airport, landing or takeoff area,
321	311		apron or ramp, or movement area used for takeoff, landing or parking
322	312		of helicopters.
	313	+	(p) "Heliport" means an area of land, water or structure used
	314	+	or intended to be used for the landing and takeoff of helicopters
	315	+	and includes its buildings and facilities, if any.
323	316
324		-	SENATE FLOOR VERSION - HB2174 SFLR Page 7
325		-	(Bold face denotes Committee Amendments) 1
	317	+	ENGR. H. B. NO. 2174 Page 7 1
326	318		2
327	319		3
328	320		4
329	321		5
330	322		6
331	323		7
332	324		8
333	325		9
334	326		10
335	327		11
336	328		12
337	329		13
338	330		14
339	331		15
340	332		16
341	333		17
342	334		18
343	335		19
344	336		20
345	337		21
346	338		22
347	339		23
348	340		24
349	341
350		-	(p) "Heliport" means an area of land, water or structure used
351		-	or intended to be used for the landing and takeoff of helicopters
352		-	and includes its buildings and facilities, if any.
353	342		(q) "Commercial service airport" means an airport meeting the
354	343		current Federal Aviation Administration definition f or commercial
355	344		service airport.
356	345		(r) "Primary commercial service airport" means an airport
357	346		meeting the current Federal Aviation Administration definition for
358	347		primary commercial service airport.
359	348		(s) "Reliever airport" means an airport designated by the
360	349		Federal Aviation Administration as a reliever airport and which
361	350		provides substantial capacity or instrument training relief to a
362	351		primary commercial service airport.
363	352		(t) "General aviation airport" means an airport not meeting the
364	353		criteria for definition as a c ommercial service or reliever airport ;
365	354		2. "Aeronautical hazard" means any structure, object of natural
366		-	growth or use of land which obstructs the airspace required for the
	355	+	growth, or use of land which obstructs the airspace required for the
367	356		flight of aircraft in landing or taking off at an airport that is
368	357		otherwise hazardous to the operation and navigation of aircraft;
369	358		3. "Air navigation facility" means any facility used in,
370		-	available for use in or designed for use in, aid of air navigation
	359	+	available for use in, or designed for use in, aid of air navigation,
371	360		including landing areas, any structures, mechanisms, lights,
372		-	beacons, markers, co mmunicating systems or other instrumentalities
	361	+	beacons, markers, co mmunicating systems, or other instrumentalities
373	362		or devices used or useful as an aid, or constituting an advantage or
	363	+	convenience, to the safe taking off, navigation, and landing of
	364	+	aircraft, or the safe and efficient operation or maintenance of an
	365	+	airport, and any combination of any or all of such facilities;
374	366
375		-	SENATE FLOOR VERSION - HB2174 SFLR Page 8
376		-	(Bold face denotes Committee Amendments) 1
	367	+	ENGR. H. B. NO. 2174 Page 8 1
377	368		2
378	369		3
379	370		4
380	371		5
381	372		6
382	373		7
383	374		8
384	375		9
385	376		10
386	377		11
387	378		12
388	379		13
389	380		14
390	381		15
391	382		16
392	383		17
393	384		18
394	385		19
395	386		20
396	387		21
397	388		22
398	389		23
399	390		24
400	391
401		-	convenience, to the safe taking off, navigation, and landing of
402		-	aircraft or the safe and efficient operation or maintenance of an
403		-	airport, and any combination of any or all of such facilities;
404	392		4. "Aircraft" means any contraption now known, or hereafter
405		-	invented, used or designed for navigation of or flight in the air or
406		-	airspace;
	393	+	invented, used, or designed for navigation of or flight in the air
	394	+	or airspace;
407	395		5. "Airman" means any individual who engages, as the person in
408		-	command, or as a pilot, mechanic or member of the crew, in the
	396	+	command, or as a pilot, mechanic, or member of the crew, in the
409	397		navigation of aircraft while under way, and any individual who is
410		-	directly in charge of the inspection, maintenance, overhauling or
411		-	repair of aircraft, aircraft engines, propellers and ~~appliances~~;
	398	+	directly in charge of the inspection, maintenance, overhauling, or
	399	+	repair of aircraft, aircraft engines, propellers, and a ppliances;
412	400		6. "Airport" means an area of land or water that is used, or
413	401		intended to be used, for the landing and takeoff of aircraft, and
414	402		buildings and facilities, if any;
415	403		7. "Airspace" means that portion of the atmosphere overlying a
416	404		designated geographical area considered as subject to territorial
417	405		jurisdiction or international law in respect to its use by aircraft,
418	406		guided missiles, and rockets;
419	407		8. "Commercial service airport" means an airport meeting the
420	408		current Federal Aviation Administration definiti on for commercial
421	409		service airport;
422	410		9. "Commission" means the Oklahoma Aeronautics Commission;
423	411		10. "Director" means the Director of Aeronautics of Oklahoma;
	412	+	11. "General aviation airport" means an airport not meeting the
	413	+	criteria for definition as a comm ercial service or reliever airport;
	414	+	12. "Helipad" means a small, designated area, usually with a
	415	+	prepared surface, on a heliport, airport, landing or takeoff area,
424	416
425		-	SENATE FLOOR VERSION - HB2174 SFLR Page 9
426		-	(Bold face denotes Committee Amendments) 1
	417	+	ENGR. H. B. NO. 2174 Page 9 1
427	418		2
428	419		3
429	420		4
430	421		5
431	422		6
432	423		7
433	424		8
434	425		9
435	426		10
436	427		11
437	428		12
438	429		13
439	430		14
440	431		15
441	432		16
442	433		17
443	434		18
444	435		19
445	436		20
446	437		21
447	438		22
448	439		23
449	440		24
450	441
451		-	11. "General aviation airport" means an a irport not meeting the
452		-	criteria for definition as a comm ercial service or reliever airport;
453		-	12. "Helipad" means a small, designated area, usually with a
454		-	prepared surface, on a heliport, airport, landing or takeoff area,
455	442		apron or ramp, or movement area used for takeoff, landing or parking
456	443		of helicopters;
457	444		13. "Heliport" means an area of land, water or structure used
458	445		or intended to be used for the landing and takeoff of helicopters
459	446		and includes its buildings and facilities, if any;
460	447		14. "Manned aircraft" means an aircraft, as defined in this
461	448		section, that is oper ated with a person in or on the aircraft;
462	449		15. "Model aircraft" means an aircraft , as defined in this
463	450		section, that is mechanically driven or launched into flight and
464	451		that meets all of the following requirements:
465	452		a. is flown solely for hobby or recreationa l purposes,
466	453		and
467	454		b. is not used for payment, consideration, gratuity or
468	455		benefit, directly or indirectly charged, demanded,
469	456		received or collected by any person for the use of the
470	457		aircraft or any photographic or video image produced
471	458		by the aircraft;
472		-	16. "Municipality" means any incorporated city, village or town
473		-	of this state and any county or political subdivision or district in
474		-	this state, or any public trust thereof, which is, or may be,
	459	+	16. "Municipality" means any incorporated city, village, or
	460	+	town of this state and any county or political subdivision or
	461	+	district in this state, or any public trust thereof, which is, or
	462	+	may be, authorized by law to acquire, establish, construct,
	463	+	maintain, improve, and operate airports, airstrips, and aeronautical
	464	+	navigation facilities;
475	465
476		-	SENATE FLOOR VERSION - HB2174 SFLR Page 10
477		-	(Bold face denotes Committee Amendments) 1
	466	+	ENGR. H. B. NO. 2174 Page 10 1
478	467		2
479	468		3
480	469		4
481	470		5
482	471		6
483	472		7
484	473		8
485	474		9
486	475		10
487	476		11
488	477		12
489	478		13
490	479		14
491	480		15
492	481		16
493	482		17
494	483		18
495	484		19
496	485		20
497	486		21
498	487		22
499	488		23
500	489		24
501	490
502		-	authorized by law to acquire, establish, construct, maintain,
503		-	improve and operate airports, airstrips, and aeronautical navigation
504		-	facilities;
505	491		17. "Operation of aircraft" or "operate aircraft" means the
506		-	use, navigation or piloting of aircraft in the airspace over ~~thi s~~
	492	+	use, navigation, or piloting of aircraft in the airspace over this
507	493		state or upon any airport within this state;
508	494		18. "Person" means any individual, firm, partnership,
509		-	corporation, company, association, joint stock association or body
510		-	politic and includes any trustee, receiver, assignee or other
	495	+	corporation, company, association, joint stock association, or body
	496	+	politic and includes any trustee, receiver, assignee, or other
511	497		similar representative thereof;
512	498		19. "Primary commercial service airport" mea ns an airport
513	499		meeting the current Federal Aviation Administration definition for
514	500		primary commercial service airport;
515	501		20. "Reliever airport" means an airport designated by the
516	502		Federal Aviation Administration as a reliever airport and which
517	503		provides substantial capacity or instrument training relief to a
518	504		primary commercial service airport;
519	505		21. "Resources" means services, facilities, funds, equipment,
520		-	property, personnel and such other activities as are customarily
	506	+	property, personnel, and such other activities as are customarily
521	507		included within the term;
522	508		22. "State" or "this state" means the State of Oklahoma;
523	509		23. "Unmanned aircraft" means an aircraft, as defined in this
524	510		section, that is operated without the possibility of human
525	511		intervention from within or on the aircraft; and
	512	+	24. "Unmanned aircraft system" means an un manned aircraft and
	513	+	associated elements including communication links and components
	514	+	that control the unmanned aircraft that are required for the pilot
526	515
527		-	SENATE FLOOR VERSION - HB2174 SFLR Page 11
528		-	(Bold face denotes Committee Amendments) 1
	516	+	ENGR. H. B. NO. 2174 Page 11 1
529	517		2
530	518		3
531	519		4
532	520		5
533	521		6
534	522		7
535	523		8
536	524		9
537	525		10
538	526		11
539	527		12
540	528		13
541	529		14
542	530		15
543	531		16
544	532		17
545	533		18
546	534		19
547	535		20
548	536		21
549	537		22
550	538		23
551	539		24
552	540
553		-	24. "Unmanned aircraft system" means an un manned aircraft and
554		-	associated elements including communication links and components
555		-	that control the unmanned aircraft that are required for the pilot
556	541		in command to operate safely and efficiently in the National
557	542		Airspace System.
558	543		SECTION 4. This act shall become effective November 1, 2021.
559		-	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
560		-	March 24, 2021 - DO PASS
	544	+	Passed the House of Representatives the 8th day of March, 2021.
	545	+
	546	+
	547	+
	548	+
	549	+	Presiding Officer of the House
	550	+	of Representatives
	551	+
	552	+
	553	+	Passed the Senate the ___ day of __________, 2021.
	554	+
	555	+
	556	+
	557	+
	558	+	Presiding Officer of the Senate
	559	+
	560	+