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28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 659 By: Rosino and Bergstrom of the | |
31 | + | Senate | |
32 | + | ||
33 | + | and | |
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35 | + | Hilbert of the House | |
1 | 36 | ||
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4 | 39 | ||
5 | - | An Act | |
6 | - | ENROLLED SENATE | |
7 | - | BILL NO. 659 By: Rosino and Bergstrom of the | |
8 | - | Senate | |
9 | - | ||
10 | - | and | |
11 | - | ||
12 | - | Hilbert and Talley of the | |
13 | - | House | |
40 | + | An Act relating to aircraft and airports; amending 3 | |
41 | + | O.S. 2011, Section 82, which relates to definitions; | |
42 | + | adding definitions; creating the Unmanned Aircraft | |
43 | + | Systems Development Act of 2021; declaring intent of | |
44 | + | Act; establishing the Clearinghouse for Unmanned | |
45 | + | Aircraft Systems within the Oklahoma Aeronautics | |
46 | + | Commission; stating purpose of Clearinghouse; | |
47 | + | requiring use of best available practices; requiring | |
48 | + | maintaining of certain registries related to unmanned | |
49 | + | aircraft systems; providing for codification; | |
50 | + | providing for noncodification; and providing an | |
51 | + | effective date. | |
14 | 52 | ||
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56 | + | AUTHOR: Add the following House Coauthor: Talley | |
18 | 57 | ||
19 | - | An Act relating to aircraft and airports; creating | |
58 | + | AMENDMENT NO. 1. Delete the title, enacting clause and entire bill | |
59 | + | and replace with: | |
60 | + | ||
61 | + | ||
62 | + | "An Act relating to aircraft and airports; creating | |
20 | 63 | the Unmanned Aircraft Systems Development Act of | |
21 | 64 | 2021; stating legislative intent; establishing the | |
22 | 65 | Oklahoma Aeronautics Commission as the clearinghouse | |
23 | 66 | for unmanned aircraft systems (UAS); designating the | |
24 | 67 | Commission as the agency to promote, enhance, develop | |
25 | 68 | and ensure safety of UAS; stating purpose of the | |
26 | 69 | clearinghouse; requiring the Commission cooperate | |
27 | 70 | with other entities for the development and | |
28 | 71 | acceptance of UAS; allowing the Commission to use | |
29 | 72 | established processes or use of contracting to | |
30 | 73 | achieve goals; stating primary goal of clearinghouse; | |
31 | 74 | stating duties of clearinghouse; amending 3 O.S. | |
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32 | 101 | 2011, Section 82, which relate s to definitions; | |
33 | 102 | defining terms; providing for noncodification; | |
34 | 103 | providing for codification; and providing an | |
35 | 104 | effective date. | |
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40 | - | ||
41 | - | SUBJECT: Oklahoma Aeronautics Commission | |
42 | - | ||
43 | 109 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
44 | - | ||
45 | 110 | SECTION 1. NEW LAW A new section of law not to b e | |
46 | 111 | codified in the Oklahoma Statutes reads as follows: | |
47 | - | ||
48 | - | ||
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50 | 112 | A. This act shall be known and may be cited as the "Unmanned | |
51 | 113 | Aircraft Systems Development Act of 2021". | |
52 | - | ||
53 | 114 | B. It is the intent of the Oklahoma Legislature to bring | |
54 | 115 | awareness to the fact that unmanned air craft systems (UAS) or drones | |
55 | 116 | offer extraordinary and vast potential for transforming the way we | |
56 | 117 | live and work. Fully realizing and implementing the benefits of UAS | |
57 | 118 | will require public acceptance and a comprehensive statewide | |
58 | 119 | strategy. This act intends t o ensure that the state's UAS resources | |
59 | 120 | can be brought together to organize, collaborate and cooperate with | |
60 | 121 | each other for the purposes of ensuring the successful integration | |
61 | 122 | of UAS and to ensure that UAS are used in a safe, responsible and | |
62 | 123 | lawful manner, so that the public can, with confidence, embrace this | |
63 | 124 | new and incredible technology. | |
64 | - | ||
65 | 125 | SECTION 2. NEW LAW A new section of law to be codified | |
66 | 126 | in the Oklahoma Statutes as Section 401 of Title 3, unless there is | |
67 | 127 | created a duplication in numbering, reads as follows: | |
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69 | 154 | A. The Oklahoma Aeronautics Commission is hereby established as | |
70 | 155 | the clearinghouse for unmanned aircraft systems (UAS) in the State | |
71 | 156 | of Oklahoma and shall be designated as the agency of this state for | |
72 | 157 | the promotion, enhancement and development of UAS and to ensure the | |
73 | 158 | safe integration and use of this new technology within the state. | |
74 | 159 | The purpose of this clearinghouse is to create a partnership between | |
75 | 160 | those entities that currently operate UAS, those that desire to use | |
76 | 161 | this technology in the future and other entities that can support | |
77 | 162 | the research and development of UAS to ensure that the State of | |
78 | 163 | Oklahoma can more effectively respond to the needs of this critical | |
79 | 164 | sector of the aviation and aerospace industry. In the operation of | |
80 | 165 | this clearinghouse, the Commission shall cooperate, assist and | |
81 | 166 | coordinate with the federal government, agencies of this state, | |
82 | 167 | tribal entities, municipalities and other persons in the development | |
83 | 168 | of unmanned aircraft systems throughout the state to ensure the | |
84 | 169 | acceptance of this technology and the successful integration of UAS | |
85 | 170 | into the National Airspace System. Contingent upon the availability | |
86 | 171 | of funds, the Oklahoma Aeronautics Commission may use established | |
87 | 172 | program processes or may contract with other qual ified entities to | |
88 | 173 | carry out the duties and responsibilities of this act. | |
89 | - | ||
90 | 174 | B. The primary goal of the UAS clearinghouse within the | |
91 | 175 | Commission is to establish a central point within state government | |
92 | - | ||
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94 | 176 | to develop the strategy for how the State of Oklahoma can become a | |
95 | 177 | leader in the UAS industry. It will focus the collective resources, | |
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96 | 204 | knowledge, information and assets within state government to ensure | |
97 | 205 | coordinated efforts amongst all parties. The clearinghouse will: | |
98 | - | ||
99 | 206 | 1. Conduct research on what other states a nd localities are | |
100 | 207 | doing insofar as their UAS rules and regulations so that it can | |
101 | 208 | provide recommendations to ensure Oklahoma is in the best position | |
102 | 209 | within the industry; | |
103 | - | ||
104 | 210 | 2. Organize and coordinate the application for any UAS test | |
105 | 211 | site, integration opportu nity, pilot program or grant funding on | |
106 | 212 | behalf of the State of Oklahoma; | |
107 | - | ||
108 | 213 | 3. Maintain a registry of UAS being operated by state agencies, | |
109 | 214 | except those UAS that are part of a university -affiliated research | |
110 | 215 | program; and | |
111 | - | ||
112 | 216 | 4. Maintain a registry of educational institutions that offer | |
113 | 217 | training programs for users of UAS. | |
114 | - | ||
115 | 218 | SECTION 3. AMENDATORY 3 O.S. 2011, Section 82, is | |
116 | 219 | amended to read as follows: | |
117 | - | ||
118 | 220 | Section 82. As used in the Oklahoma Aeronautics Commission Act, | |
119 | 221 | unless the context otherwi se requires: | |
120 | - | ||
121 | 222 | (a) 1. "Aeronautics" means the science, art, and practice of | |
122 | 223 | flight including, but not limited to, transportation by aircraft and | |
123 | 224 | matters relating to air commerce; the operation, construction, | |
124 | 225 | repair, or maintenance of aircraft, aircraft powe r plants and | |
125 | 226 | accessories, including the repair, packing, and maintenance of | |
126 | 227 | parachutes; the design, establishment, construction, extension, | |
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127 | 254 | operation, improvement, repair, or maintenance of airports, | |
128 | 255 | restricted landing areas, or other air navigation facili ties; and | |
129 | 256 | instruction in flying or ground subjects pertaining thereto . | |
130 | - | ||
131 | 257 | (b) "Aircraft" means any contrivance now known, or hereafter | |
132 | 258 | invented, used, or designed for navigation of or flight in the air | |
133 | 259 | or airspace. | |
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137 | 260 | (c) "Airport" means an area of land or wate r that is used, or | |
138 | 261 | intended to be used, for the landing and takeoff of aircraft, and | |
139 | 262 | buildings and facilities, if any. | |
140 | - | ||
141 | 263 | (d) "Airspace" means that portion of the atmosphere overlying a | |
142 | 264 | designated geographical area considered as subject to territorial | |
143 | 265 | jurisdiction or international law in respect to its use by aircraft, | |
144 | 266 | guided missiles, and rockets. | |
145 | - | ||
146 | 267 | (e) "Commission" means the Oklahoma Aeronautics Commission. | |
147 | - | ||
148 | 268 | (f) "Director" means the Director of Aeronautics of Oklahoma. | |
149 | - | ||
150 | 269 | (g) "State" or "this state" means the State of Oklahoma. | |
151 | - | ||
152 | 270 | (h) "Air navigation facility" means any facility used in, | |
153 | 271 | available for use in, or designed for use in, aid of air navigation, | |
154 | 272 | including landing areas, any structures, mechanisms, lights, | |
155 | 273 | beacons, markers, communicating systems, or othe r instrumentalities | |
156 | 274 | or devices used or useful as an aid, or constituting an advantage or | |
157 | 275 | convenience, to the safe taking off, navigation, and landing of | |
158 | 276 | aircraft, or the safe and efficient operation or maintenance of an | |
159 | 277 | airport, and any combination of any or all of such facilities. | |
160 | 278 | ||
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161 | 304 | (i) "Operation of aircraft" or "operate aircraft" means the | |
162 | 305 | use, navigation, or piloting of aircraft in the airspace over this | |
163 | 306 | state or upon any airport within this state. | |
164 | - | ||
165 | 307 | (j) "Airman" means any individual who engages, as the p erson in | |
166 | 308 | command, or as pilot, mechanic, or member of the crew, in the | |
167 | 309 | navigation of aircraft while under way, and any individual who is | |
168 | 310 | directly in charge of the inspection, maintenance, overhauling, or | |
169 | 311 | repair of aircraft, aircraft engines, propellers, an d appliances. | |
170 | - | ||
171 | 312 | (k) "Person" means any individual, firm, partnership, | |
172 | 313 | corporation, company, association, joint stock association, or body | |
173 | 314 | politic; and includes any trustee, receiver, assignee, or other | |
174 | 315 | similar representative thereof. | |
175 | - | ||
176 | 316 | (l) "Municipality" mea ns any incorporated city, village, or | |
177 | 317 | town of this state and any county or political subdivision or | |
178 | 318 | district in this state, or any public trust thereof, which is, or | |
179 | - | ||
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181 | 319 | may be, authorized by law to acquire, establish, construct, | |
182 | 320 | maintain, improve, and operate airports, airstrips, and aeronautical | |
183 | 321 | navigation facilities. | |
184 | - | ||
185 | 322 | (m) "Aeronautical hazard" means any structure, object of | |
186 | 323 | natural growth, or use of land, which obstructs the airspace | |
187 | 324 | required for the flight of aircraft in landing or taking off at an | |
188 | 325 | airport that is otherwise hazardous to the operation and navigation | |
189 | 326 | of aircraft. | |
190 | 327 | ||
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191 | 353 | (n) "Resources" means services, facilities, funds, equipment, | |
192 | 354 | property, personnel, and such other activities as are customarily | |
193 | 355 | included within the term. | |
194 | - | ||
195 | 356 | (o) "Helipad" means a small , designated area, usually with a | |
196 | 357 | prepared surface, on a heliport, airport, landing or takeoff area, | |
197 | 358 | apron or ramp, or movement area used for takeoff, landing or parking | |
198 | 359 | of helicopters. | |
199 | - | ||
200 | 360 | (p) "Heliport" means an area of land, water or structure used | |
201 | 361 | or intended to be used for the landing and takeoff of helicopters | |
202 | 362 | and includes its buildings and facilities, if any. | |
203 | - | ||
204 | 363 | (q) "Commercial service airport" means an airport meeting the | |
205 | 364 | current Federal Aviation Administration definition for commercial | |
206 | 365 | service airport. | |
207 | - | ||
208 | 366 | (r) "Primary commercial service airport" means an airport | |
209 | 367 | meeting the current Federal Aviation Administration definition for | |
210 | 368 | primary commercial service airport. | |
211 | - | ||
212 | 369 | (s) "Reliever airport" means an airport designated by the | |
213 | 370 | Federal Aviation Administration as a reliever airport and which | |
214 | 371 | provides substantial capacity or instrument training relief to a | |
215 | 372 | primary commercial service airport. | |
216 | - | ||
217 | 373 | (t) "General aviation airport" means an airport not meeting the | |
218 | 374 | criteria for definition as a commercial service or reliever a irport; | |
375 | + | 2. "Aeronautical hazard" means any structure, object of natural | |
376 | + | growth, or use of land, which obstructs the airspace required for | |
219 | 377 | ||
220 | - | 2. "Aeronautical hazard" means any structure, object of natural | |
221 | - | growth or use of land, which obstructs the airspace requir ed for the | |
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223 | - | ENR. S. B. NO. 659 Page 6 | |
224 | - | flight of aircraft in landing or taking off at an airport that is | |
225 | - | otherwise hazardous to the operation and naviga tion of aircraft; | |
226 | - | ||
403 | + | the flight of aircraft in landing or taking off at an airport that | |
404 | + | is otherwise hazardous to the operation and naviga tion of aircraft; | |
227 | 405 | 3. "Air navigation facility" means any facility used in, | |
228 | - | available for use in, or designed for use in, aid of | |
406 | + | available for use in, or designed for use in, aid of air navigation, | |
229 | 407 | including landing areas, any structures, mechanisms, lights, | |
230 | - | beacons, markers, communicating systems or other instrumentalities | |
408 | + | beacons, markers, communicating systems, or other instrumentalities | |
231 | 409 | or devices used or useful as an aid, or constituting an advantage or | |
232 | - | convenience, to the safe taking off, | |
410 | + | convenience, to the safe taking off, navigation, and landing of | |
233 | 411 | aircraft, or the safe and efficient operation or maintenance of an | |
234 | - | airport and any combination of any or all of such facilities; | |
235 | - | ||
412 | + | airport, and any combination of any or all of such facilities; | |
236 | 413 | 4. "Aircraft" means any contraption now known, or hereafter | |
237 | - | invented, used or designed for navigation of or flight in the air or | |
238 | - | airspace; | |
239 | - | ||
414 | + | invented, used, or designed for navigation of or flight in the air | |
415 | + | or airspace; | |
240 | 416 | 5. "Airman" means any individual who engages, as the person in | |
241 | - | command, or as a pilot, me chanic or member of the crew, in the | |
417 | + | command, or as a pilot, me chanic, or member of the crew, in the | |
242 | 418 | navigation of aircraft while under way, and any individual who is | |
243 | - | directly in charge of the inspe ction, maintenance, overhauling or | |
244 | - | repair of aircraft, aircraft engines, propellers and appliances; | |
245 | - | ||
419 | + | directly in charge of the inspection, maintenance, overhauling, or | |
420 | + | repair of aircraft, aircraft engines, propellers, and appliances; | |
246 | 421 | 6. "Airport" means an area of land or water that is used, or | |
247 | 422 | intended to be used, for the landing and takeoff of aircraft, and | |
248 | 423 | buildings and facilities, if any; | |
249 | - | ||
250 | 424 | 7. "Airspace" means that portion of the atmosphere overlying a | |
251 | 425 | designated geographical area considered as subjec t to territorial | |
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252 | 452 | jurisdiction or international law in respect to its use by aircraft, | |
253 | 453 | guided missiles, and rockets; | |
254 | - | ||
255 | 454 | 8. "Commercial service airport" means an airport meeting the | |
256 | 455 | current Federal Aviation Administration definition for commercial | |
257 | 456 | service airport; | |
258 | - | ||
259 | 457 | 9. "Commission" means the Oklahoma Aeronautics Commission; | |
260 | - | ||
261 | 458 | 10. "Director" means the Director of Aeronautics of Oklahoma; | |
262 | - | ||
263 | 459 | 11. "General aviation airport" means an airport not meeting the | |
264 | 460 | criteria for definition as a commercial service or reliever air port; | |
265 | - | ||
266 | - | ||
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268 | 461 | 12. "Helipad" means a small, designated area, usually with a | |
269 | 462 | prepared surface, on a heliport, airport, landing or takeoff area, | |
270 | 463 | apron or ramp, or movement area used for takeoff, landing or parking | |
271 | 464 | of helicopters; | |
272 | - | ||
273 | 465 | 13. "Heliport" means an area of lan d, water or structure used | |
274 | 466 | or intended to be used for the landing and takeoff of helicopters | |
275 | 467 | and includes its buildings and facilities, if any; | |
276 | - | ||
277 | 468 | 14. "Manned aircraft" means an aircraft, as defined in this | |
278 | 469 | section, that is operated with a person in or on th e aircraft; | |
279 | - | ||
280 | 470 | 15. "Model aircraft" means an aircraft as defined in this | |
281 | 471 | section that is mechanically driven or launched into flight and that | |
282 | 472 | meets all of the following requirements: | |
283 | - | ||
284 | 473 | a. is flown solely for hobby or recreational purposes, | |
285 | 474 | and | |
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286 | 500 | ||
287 | 501 | b. is not used for payment, consideration, gratuity or | |
288 | 502 | benefit, directly or indirectly charged, demanded, | |
289 | 503 | received or collected by any person for the use of the | |
290 | 504 | aircraft or any photographic or video image produced | |
291 | 505 | by the aircraft; | |
292 | - | ||
293 | 506 | 16. "Municipality" means any incorporate d city, village, or | |
294 | 507 | town of this state and any county or political subdivision or | |
295 | 508 | district in this state, or any public trust thereof, which is, or | |
296 | 509 | may be, authorized by law to acquire, establish, construct, | |
297 | 510 | maintain, improve, and operate airports, airstri ps, and aeronautical | |
298 | 511 | navigation facilities; | |
299 | - | ||
300 | 512 | 17. "Operation of aircraft" or "operate aircraft" means the | |
301 | - | use, navigation or piloting of aircraft in the airspace over this | |
513 | + | use, navigation, or piloting of aircraft in the airspace over this | |
302 | 514 | state or upon any airport within this state; | |
303 | - | ||
304 | 515 | 18. "Person" means any individual, fir m, partnership, | |
305 | - | corporation, company, association, joint stock association or body | |
306 | - | politic and includes any trustee, | |
516 | + | corporation, company, association, joint stock association, or body | |
517 | + | politic and includes any trustee, receiver, assignee, or other | |
307 | 518 | similar representative thereof; | |
308 | - | ||
309 | - | ||
310 | - | ENR. S. B. NO. 659 Page 8 | |
311 | 519 | 19. "Primary commercial service airport" means an airport | |
312 | 520 | meeting the current Federal Aviation Administration definition for | |
313 | 521 | primary commercial service airport; | |
314 | - | ||
315 | 522 | 20. "Reliever airport" means an airport designated by the | |
316 | 523 | Federal Aviation Administration as a reliever airport and which | |
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317 | 550 | provides substantial capacity or instrument trai ning relief to a | |
318 | 551 | primary commercial service airport; | |
319 | - | ||
320 | 552 | 21. "Resources" means services, facilities, funds, equipment, | |
321 | - | property, personnel and such other activities as are customarily | |
553 | + | property, personnel, and such other activities as are customarily | |
322 | 554 | included within the term; | |
323 | - | ||
324 | 555 | 22. "State" or "this state" means the State of Oklahoma; | |
325 | - | ||
326 | 556 | 23. "Unmanned aircraft" means an aircraft, as defined in this | |
327 | 557 | section, that is operated without the possibility of human | |
328 | 558 | intervention from within or on the aircraft; and | |
329 | - | ||
330 | 559 | 24. "Unmanned aircraft system" means an unmanned aircraft and | |
331 | 560 | associated elements including communication links and components | |
332 | 561 | that control the unmanned aircraft that are required for the pilot | |
333 | 562 | in command to operate safely and efficiently in the National | |
334 | 563 | Airspace System. | |
335 | - | ||
336 | - | ||
564 | + | SECTION 4. This act shall become effectiv e November 1, 2021." | |
565 | + | Passed the House of Representatives the 7th day of April, 2021. | |
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338 | 567 | ||
339 | - | ENR. S. B. NO. 659 Page 9 | |
340 | - | Passed the Senate the 29th day of April, 2021. | |
568 | + | ||
569 | + | ||
570 | + | ||
571 | + | Presiding Officer of the House of | |
572 | + | Representatives | |
573 | + | ||
574 | + | ||
575 | + | Passed the Senate the ____ day of __________, 2021. | |
576 | + | ||
577 | + | ||
578 | + | ||
579 | + | ||
580 | + | ||
581 | + | Presiding Officer of the Senate | |
582 | + | ||
583 | + | ENGR. S. B. NO. 659 Page 1 1 | |
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608 | + | ENGROSSED SENATE | |
609 | + | BILL NO. 659 By: Rosino and Bergstrom of the | |
610 | + | Senate | |
611 | + | ||
612 | + | and | |
613 | + | ||
614 | + | Hilbert of the House | |
615 | + | ||
616 | + | ||
617 | + | ||
618 | + | ||
619 | + | ||
620 | + | An Act relating to aircraft and airports; amending 3 | |
621 | + | O.S. 2011, Section 82, which relates to definitions; | |
622 | + | adding definitions; creating the Unmanned Aircraft | |
623 | + | Systems Development Act of 2021; declaring intent of | |
624 | + | Act; establishing the Clearinghouse for Unmanned | |
625 | + | Aircraft Systems within the Oklahoma Aeronautics | |
626 | + | Commission; stating purpose of Clearinghouse; | |
627 | + | requiring use of best available practices; requiring | |
628 | + | maintaining of certai n registries related to unmanned | |
629 | + | aircraft systems; providing for codification; | |
630 | + | providing for noncodification; and providing an | |
631 | + | effective date. | |
632 | + | ||
633 | + | ||
634 | + | ||
635 | + | ||
636 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
637 | + | SECTION 5. AMENDATORY 3 O.S. 2011, Section 82, is | |
638 | + | amended to read as follows: | |
639 | + | Section 82. As used in the Oklahoma Aeronautics Commission Act, | |
640 | + | unless the context otherwise requires: | |
641 | + | (a) A. “Aeronautics” means the science, art , and practice of | |
642 | + | flight including, but not limited to, tra nsportation by aircraft and | |
643 | + | matters relating to air commerce; the operation, construction, | |
644 | + | repair, or maintenance of aircraft, aircraft power plants and | |
645 | + | accessories, including the repair, packing , and maintenance of | |
646 | + | ||
647 | + | ENGR. S. B. NO. 659 Page 2 1 | |
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671 | + | ||
672 | + | parachutes; the design, establishment, c onstruction, extension, | |
673 | + | operation, improvement, repair , or maintenance of airports, | |
674 | + | restricted landing areas, or other air navigation facilities; and | |
675 | + | instruction in flying or ground subjects pertaining thereto. | |
676 | + | (b) B. “Aircraft” means any contrivance now known, or hereafter | |
677 | + | invented, used, or designed for navigation of or flight in the air | |
678 | + | or airspace. | |
679 | + | (c) C. “Airport” means an area of land or water that is used, | |
680 | + | or intended to be used, for the landing and takeoff of aircraft, and | |
681 | + | buildings and facilities , if any. | |
682 | + | (d) D. “Airspace” means that portion of the atmosphere | |
683 | + | overlying a designated geographical area considered as subject to | |
684 | + | territorial jurisdiction or international law in respect to its use | |
685 | + | by aircraft, guided missiles , and rockets. | |
686 | + | (e) E. “Commission” means the Oklahoma Aeronautics Commission. | |
687 | + | (f) F. “Director” means the Director of Aeronautics of | |
688 | + | Oklahoma. | |
689 | + | (g) G. “State” or “this state” means the State of Oklahoma. | |
690 | + | (h) H. “Air navigation facility” means any facility used in, | |
691 | + | available for use in, or designed for use in, aid of air navigation, | |
692 | + | including landing areas, any structures, mechanisms, lights, | |
693 | + | beacons, markers, communicating systems , or other instrumentalities | |
694 | + | or devices used or useful as an aid, or constituting an advantage or | |
695 | + | convenience, to the safe taking off, navigation , and landing of | |
696 | + | ||
697 | + | ENGR. S. B. NO. 659 Page 3 1 | |
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721 | + | ||
722 | + | aircraft, or the safe and efficient operation or maintenance of an | |
723 | + | airport, and any combination of any or all of such facilities. | |
724 | + | (i) I. “Operation of aircraft” or “operate aircraft” means the | |
725 | + | use, navigation, or piloting of aircraft in the airspace over this | |
726 | + | state or upon any airport within this state. | |
727 | + | (j) J. “Airman” means any individual who engages, as the person | |
728 | + | in command, or as pilot, mechanic , or member of the crew, in the | |
729 | + | navigation of aircraft while under way, and any individual who is | |
730 | + | directly in charge of the inspection, maintenance, overhauling , or | |
731 | + | repair of aircraft, aircraft engines, propellers , and appliances. | |
732 | + | (k) K. “Person” means any individual, firm, partnership, | |
733 | + | corporation, company, association, joint stock association , or body | |
734 | + | politic; and includes any trustee, receiver, assignee , or other | |
735 | + | similar representative thereof. | |
736 | + | (l) L. “Municipality” means any incorporated city, village , or | |
737 | + | town of this state and any county or politic al subdivision or | |
738 | + | district in this state, or any public trust thereof, which is, or | |
739 | + | may be, authorized by law to acquire, establish, construct, | |
740 | + | maintain, improve, and operate airports, airstrips , and aeronautical | |
741 | + | navigation facilities. | |
742 | + | (m) M. “Aeronautical hazard” means any structure, object of | |
743 | + | natural growth, or use of land, which obstructs the airspace | |
744 | + | required for the flight of aircraft in landing or taking off at an | |
745 | + | ||
746 | + | ENGR. S. B. NO. 659 Page 4 1 | |
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771 | + | airport that is otherwise hazardous to the operation and navigation | |
772 | + | of aircraft. | |
773 | + | (n) N. “Resources” means services, facilities, funds, | |
774 | + | equipment, property, personnel , and such other activities as are | |
775 | + | customarily included within the term. | |
776 | + | (o) O. “Helipad” means a small, designated area, usually with a | |
777 | + | prepared surface, on a heliport, airpor t, landing or takeoff area, | |
778 | + | apron or ramp, or movement area used for takeoff, landing or parking | |
779 | + | of helicopters. | |
780 | + | (p) P. “Heliport” means an area of land, water or structure | |
781 | + | used or intended to be used for the landing and takeoff of | |
782 | + | helicopters and include s its buildings and facilities, if any. | |
783 | + | (q) Q. “Commercial service airport” means an airport meeting | |
784 | + | the current Federal Aviation Administration definition for | |
785 | + | commercial service airport. | |
786 | + | (r) R. “Primary commercial service airport” means an airport | |
787 | + | meeting the current Federal Aviation Administration definition for | |
788 | + | primary commercial service airport. | |
789 | + | (s) S. “Reliever airport” means an airport designated by the | |
790 | + | Federal Aviation Administration as a reliever airport and which | |
791 | + | provides substantial capacity or instrument training relief to a | |
792 | + | primary commercial service airport. | |
793 | + | ||
794 | + | ENGR. S. B. NO. 659 Page 5 1 | |
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818 | + | ||
819 | + | (t) T. “General aviation airport” means an airport not meeting | |
820 | + | the criteria for definition as a commercial service or reliever | |
821 | + | airport. | |
822 | + | U. “Manned aircraft” means an aircraft, as define d in this | |
823 | + | section, that is operated with a person in or on the aircraft. | |
824 | + | V. “Model aircraft” means an aircraft, as defined in this | |
825 | + | section, that is mechanically driven or launched into flight and | |
826 | + | that meets both of the following requirements: | |
827 | + | 1. Is flown solely for hobby or recreational purposes; and | |
828 | + | 2. Is not used for payment, consideration, gratuity or benefit, | |
829 | + | directly or indirectly charged, demanded, received or collected by | |
830 | + | any person for the use of the aircraft or any photographic or video | |
831 | + | image produced by the aircraft. | |
832 | + | W. “Unmanned aircraft” means an aircraft, as defined in this | |
833 | + | section, that is operated without the possibility of human | |
834 | + | intervention from within or on the aircraft. | |
835 | + | X. “Unmanned aircraft system” means an unmanned aircraft, as | |
836 | + | defined in this section, and associated elements including | |
837 | + | communication links and components that control the unmanned | |
838 | + | aircraft, that are required for the pilot in command to operate | |
839 | + | safely and efficiently in the national airspace system. | |
840 | + | SECTION 6. NEW LAW A new section of law to be codified | |
841 | + | in the Oklahoma Statutes as Section 400 of Title 3, unless there is | |
842 | + | created a duplication in numbering, reads as follows: | |
843 | + | ||
844 | + | ENGR. S. B. NO. 659 Page 6 1 | |
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868 | + | ||
869 | + | This act shall be known and may be cited as the “Unmanned | |
870 | + | Aircraft Systems Development Act of 2021”. | |
871 | + | SECTION 7. NEW LAW A new section of law not to be | |
872 | + | codified in the Oklahoma Statutes reads as follows: | |
873 | + | Unmanned aircraft systems (UAS) or drones offer extraordinary | |
874 | + | and vast potential for transforming the wa y we live and work. Fully | |
875 | + | realizing and implementing the benefits of UAS will require public | |
876 | + | acceptance and a comprehensive statewide strategy. The intent of | |
877 | + | this act is to ensure that UAS resources of the state can be brought | |
878 | + | together to organize, colla borate and cooperate with each other for | |
879 | + | the purposes of ensuring the successful integration of UAS and to | |
880 | + | ensure that UAS are used in a safe, responsible and lawful manner so | |
881 | + | that the public can embrace this technology. | |
882 | + | SECTION 8. NEW LAW A new section of law to be codified | |
883 | + | in the Oklahoma Statutes as Section 401 of Title 3, unless there is | |
884 | + | created a duplication in numbering, reads as follows: | |
885 | + | A. The Oklahoma Aeronautics Commission is hereby established as | |
886 | + | the Clearinghouse for Unm anned Aircraft Systems (UAS) in this state | |
887 | + | and shall be designated as the agency of this state for the | |
888 | + | promotion, enhancement and development of UAS to ensure the safe | |
889 | + | integration and use of this new technology within this state. | |
890 | + | B. The purpose of this Cl earinghouse is to create a partnership | |
891 | + | between those persons and entities that currently operate UAS, those | |
892 | + | that desire to use this technology in the future and any other | |
893 | + | ||
894 | + | ENGR. S. B. NO. 659 Page 7 1 | |
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918 | + | ||
919 | + | entity that supports the research and development of UAS, to ensure | |
920 | + | that this state can more effectively respond to the needs of the | |
921 | + | aviation and aerospace industry. | |
922 | + | C. In the operation of the Clearinghouse, the Commission shall | |
923 | + | cooperate, assist and coordinate with the federal government, | |
924 | + | agencies of this state, tribal entities, municipa lities and other | |
925 | + | persons or entities in the development of UAS throughout this state | |
926 | + | to ensure the acceptance of this technology and the successful | |
927 | + | integration of UAS into the National Airspace System. Contingent | |
928 | + | upon the availability of funds, the Commis sion may use established | |
929 | + | program processes or may contract with other qualified entities to | |
930 | + | carry out the duties and responsibilities of this act. | |
931 | + | D. The primary goal of the UAS Clearinghouse within the | |
932 | + | Commission is to establish a central point within st ate government | |
933 | + | to develop the strategy for how this state can become a leader in | |
934 | + | the UAS industry. It shall focus the collective resources, | |
935 | + | knowledge, information and assets within state government to ensure | |
936 | + | coordinated efforts amongst all parties. | |
937 | + | E. The Clearinghouse shall: | |
938 | + | 1. Conduct research on UAS rules, regulations and policies of | |
939 | + | other states and municipalities so that it may provide | |
940 | + | recommendations to ensure this state is utilizing the best practices | |
941 | + | available within the industry; | |
942 | + | ||
943 | + | ENGR. S. B. NO. 659 Page 8 1 | |
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967 | + | ||
968 | + | 2. Organize and coordinate the applications, letters of | |
969 | + | support, informational materials and notices or groups for any new | |
970 | + | UAS test site, integration opportunity, pilot program or grant | |
971 | + | funding when acting on behalf of this state; | |
972 | + | 3. Maintain a registry of UAS operated by state agencies; and | |
973 | + | 4. Maintain a registry of educational institutions offering | |
974 | + | training programs for users of UAS. | |
975 | + | SECTION 9. This act shall become effective November 1, 2021. | |
976 | + | Passed the Senate the 9th day of March, 2021. | |
341 | 977 | ||
342 | 978 | ||
343 | 979 | ||
344 | 980 | Presiding Officer of the Senate | |
345 | 981 | ||
346 | 982 | ||
347 | - | Passed the House of Representatives the 7th day of April, 2021. | |
983 | + | Passed the House of Representatives the ____ day of __________, | |
984 | + | 2021. | |
348 | 985 | ||
349 | 986 | ||
350 | 987 | ||
351 | 988 | Presiding Officer of the House | |
352 | 989 | of Representatives | |
353 | 990 | ||
354 | - | OFFICE OF THE GOVERNOR | |
355 | - | Received by the Office of the Governor this _______ _____________ | |
356 | - | day of _________________ __, 20_______, at _______ o'clock _ ______ M. | |
357 | - | By: _______________________________ __ | |
358 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
359 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
360 | 991 | ||
361 | - | _________________________________ | |
362 | - | Governor of the State of Oklahoma | |
363 | - | ||
364 | - | ||
365 | - | OFFICE OF THE SECRETARY OF STATE | |
366 | - | Received by the Office of the Secretary of State this _______ ___ | |
367 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
368 | - | By: _______________________________ __ |