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SENATE FLOOR VERSION
February 24, 2021
SENATE BILL NO. 659 By: Rosino of the Senate
and
Hilbert of the House
An Act relating to aircraft and airports; amending 3
O.S. 2011, Section 82, which relates to definitions;
adding definitions; creating the Unmanned Aircraft
Systems Development Act of 2021; declaring intent of
Act; establishing the Clearinghouse for Unmanned
Aircraft Systems within the Oklahoma Aeronautics
Commission; stating purpose of Clearinghouse;
requiring use of best avai lable practices; requiring
maintaining of certain registries related to unmanned
aircraft systems; providing for codific ation;
providing for noncodification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 O.S. 2011, Section 82, is
amended to read as follows:
Section 82. As used in the Oklahoma Aeronautics Commission Act,
unless the context otherwise requires:
(a) A. “Aeronautics” means the science, art , and practice of
flight including, but n ot limited to, transportation by aircraft and
matters relating to air commerce; the operation, construction,
repair, or maintenance of aircr aft, aircraft power plants and
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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 pertainin g thereto.
(b) B. “Aircraft” means any contrivance now known, or hereafter
invented, used, or designed for navigation of or flight in the air
or airspace.
(c) C. “Airport” means an area of land or water that is used,
or intended to be used, for the landi ng and takeoff of aircraft, and
buildings and facilities, if any.
(d) D. “Airspace” means that portion of the atmosphere
overlying a designated geographical area considered as s ubject to
territorial jurisdiction or in ternational law in respect to its use
by aircraft, guided missiles, and rockets.
(e) E. “Commission” means the Oklahoma Aeronautics Commission.
(f) F. “Director” means the Director of Aeronautics of
Oklahoma.
(g) G. “State” or “this state” means the State of Oklahoma.
(h) 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
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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) 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) J. “Airman” means any individual who engages, as the person
in command, or as pilot, m echanic, 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, propelle rs, and appliances.
(k) K. “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.
(l) 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) M. “Aeronautical hazard” means any structure, object of
natural growth, or use of land, which obstructs the airspace
required for the fli ght of aircraft in landing or taking off at an
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airport that is otherwise hazar dous to the operation and navigation
of aircraft.
(n) N. “Resources” means services, facilities, funds,
equipment, property, personnel , and such other activities as are
customarily included within the term.
(o) 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) P. “Heliport” means an area of land, water o r structure
used or intended to be use d for the landing and takeoff of
helicopters and includes its buildings and facilities, if any.
(q) Q. “Commercial service airport ” means an airport meeting
the current Federal Aviation Administration definition for
commercial service airport.
(r) R. “Primary commercial service airport” means an airport
meeting the current Federal Aviation Administration definition for
primary commercial service airport.
(s) S. “Reliever airport” means an airport designated by the
Federal Aviation Administration as a rel iever airport and which
provides substantial capacity or instrument training relief to a
primary commercial service airport.
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(t) T. “General aviation airport ” means an airport not meeting
the criteria for definition a s a commercial service or reliever
airport.
U. “Manned aircraft” means an aircraft, as defined in this
section, that is operated with a person in or on the aircraft.
V. “Model aircraft” means an aircraft, as defined in this
section, that is mechanically driven or launched into flight and
that meets both of the following requirement s:
1. Is flown solely for hobby or recreational purposes ; and
2. Is not used for payment, consideration, gratuity or benefit,
directly or indirectly charged, demanded, receive d or collected by
any person for the u se of the aircraft or any photographic or video
image produced by the aircraft.
W. “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.
X. “Unmanned aircraft system” means an unmanned ai rcraft, as
defined in this section, and associated elements including
communication links and components that control the unmanned
aircraft, that are required for the pil ot in command to operate
safely and efficient ly in the national airspace system.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 400 of Title 3, unless ther e is
created a duplication in numbering , reads as follows:
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This act shall be known and may be cited as the “Unmanned
Aircraft Systems Development Act of 2021 ”.
SECTION 3. NEW LAW A new section of law not to be
codified in the Oklaho ma Statutes reads as follows:
Unmanned aircraft systems (UAS) or drones 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 statewide strategy. The intent of
this act is to ensure that UAS resources of the state 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 l awful manner so
that the public can embrace this technology.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 401 of Title 3, unless there is
created a duplication in num bering, reads as fol lows:
A. The Oklahoma Aeronautics Commi ssion is hereby established as
the Clearinghouse for Unmanned Aircraft Systems (UAS) in this state
and shall be designated as the agency of this state for the
promotion, enhancement and development of UAS to ensure the safe
integration and use of this new technology within this state.
B. The purpose of this Clearinghouse is to create a partnership
between those persons and entities that currently operate UAS, those
that desire to use this technolo gy in the future and any other
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entity that supports the research and development of UAS, to ensure
that this state can more effectively respond to the needs of the
aviation and aerospace industry.
C. In the operation of th e Clearinghouse, the Commission shall
cooperate, assist and coordinate with the federal gover nment,
agencies of this state, tribal entities, municipalities and other
persons or entities in the development of UAS throughout this state
to ensure the acceptance of th is technology and the successful
integration of UAS into the National Airspace System . Contingent
upon the availability of funds, the Commission may use established
program processes or may contract with other qual ified entities to
carry out the duties and responsibilities of this act.
D. 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 this state can become a leader in
the UAS industry. It shall focus the collective resources,
knowledge, information and assets within state government t o ensure
coordinated efforts amongst all parties.
E. The Clearinghouse shall:
1. Conduct research on UAS rules, regulations and policies of
other states and municipalities so that it may provide
recommendations to en sure this state is utilizing the best practices
available within the industry;
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2. Organize and coordinate the application s, letters of
support, informational materials and notices or groups for any new
UAS test site, integration oppo rtunity, pilot program or grant
funding when acting on behalf of this state;
3. Maintain a registry of UAS operated by state agencies; and
4. Maintain a registry of educational institutions offering
training programs for users of UAS.
SECTION 5. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 24, 2021 - DO PASS