OK
Oklahoma Senate Bill SB773

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB773 Compare Versions

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327
4-An Act
5-ENROLLED SENATE
6-BILL NO. 773 By: Rosino of the Senate
28+STATE OF OKLAHOMA
29+
30+1st Session of the 59th Legislature (2023)
31+
32+CONFERENCE COMMITTEE SUBSTITUTE
33+FOR ENGROSSED
34+SENATE BILL 773 By: Rosino of the Senate
735
836 and
937
1038 Miller, Alonso-Sandoval,
1139 and Menz of the House
1240
1341
42+
43+
44+CONFERENCE COMMITTEE SUBSTITUTE
1445
1546 An Act relating to aerospace and aeronautics;
1647 amending 3 O.S. 2021, Sections 251, as last amended
1748 by Section 15 of Enrolled Senate Bill No. 782 of the
1849 1st Session of the 59th Oklahoma Legislature, 254,
1950 254.1, 255, 256, as last amended by Section 1 6 of
2051 Enrolled Senate Bill No. 782 of the 1st Session of
2152 the 59th Oklahoma Legislature, 256.1, 256.2, and 257,
2253 which relate to registration of aircraft;
2354 transferring authorities and duties of the Oklahoma
2455 Tax Commission to Service Oklahoma; transferring
2556 rules promulgated by the Commission relating to
2657 aircraft registration provisions to Service Oklahoma;
2758 requiring the Secretary of State to provide adequate
2859 notice for the transfer; designating jurisdiction for
2960 administrative rules on certain date; amending 68
3061 O.S. 2021, Sections 6002, 6003, 6004, as amended by
3162 Section 1, Chapter 169, O.S.L. 2022, 6006, and 6007
3263 (68 O.S. Supp. 2022, Section 6004), which relate to
3364 aircraft excise tax; transferring authorities and
3465 duties of the Commissio n to Service Oklahoma;
3566 updating statutory language; updating statutory
3667 references; amending 3 O.S. 2021, Section 374, which
3768 relates to the Oklahoma Advanced Mobil ity Pilot
3869 Program; modifying scope of certain program; allowing
3970 certain department to select pilot programs; amending
4071 3 O.S. 2021, Section 421, as last amended by Section
4172 18 of Enrolled House Bill No. 782 of the 1st Session
4273 of the 59th Oklahoma Legislature , which relates to
4374 unmanned aircraft systems development; expanding
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44101 scope of certain commission; u pdating statutory
45102 language; creating the Oklahoma Advanced Air Mobility
46103 Revolving Fund; updating statutory references;
47-
48-ENR. S. B. NO. 773 Page 2
49104 updating statutory language; providing for
50105 codification; and providing effective dates.
51106
52107
53108
54-SUBJECT: Advanced air mobili ty
55-
56109 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57-
58110 SECTION 1. AMENDATORY 3 O.S. 2021, Section 251 , as last
59111 amended by Section 15 of Enrolled Senate Bill No. 782 of the 1st
60112 Session of the 59th Oklahoma Legislature, is amended to read as
61113 follows:
62-
63114 Section 251. A. It is hereby declared that it i s the policy of
64115 the Legislature to make registration proced ures for aircraft similar
65116 to those for automobiles, with the authority to accompl ish the same
66117 vested fully in the Oklahoma Tax Commission Service Oklahoma
67118 separately from the Oklahoma Department of Aerospace and
68119 Aeronautics, the jurisdiction of the two age ncies, their directors
69120 and officers being separate.
70-
71121 B. It shall be the duty of the Oklahoma Tax Commission Service
72122 Oklahoma to promulgate any additional rules and regulations and
73123 designate forms and procedures for the implemen tation of Section 251
74124 et seq. of this title.
75-
76125 SECTION 2. AMENDATORY 3 O.S. 2021, Sect ion 254, is
77126 amended to read as follows:
78-
79127 Section 254. A. Except as otherwise provided in this act
80128 Section 251 et seq. of this title, every owner or person in charge
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81155 of an aircraft which shall be operated on o r from any airport of any
82156 type in this state shall for each such aircraft cause t o be filed by
83157 mail or otherwise with the Oklahoma Tax Commission Service Oklahoma
84158 a certified application for registration of same, on a form to be
85159 furnished for that purpose, containing:
86-
87160 1. A description of each aircraft to be registered including
88161 the name of the manufacturer, aircraft registration number, type ,
89162 and gross weight; and
90-
91-
92-ENR. S. B. NO. 773 Page 3
93163 2. The name and address of the owner of such aircraft and the
94164 county where aircraft is based . The legal basis for determining the
95165 county where the aircraft is based shall b e the location and/or
96166 address on the Federal Aviation Administration Certificate o f
97167 Registration for the aircraft.
98-
99168 B. Registration requireme nts shall not apply to aircraft ba sed
100169 or operated in the state for less than thirty (30) days.
101-
102170 C. 1. All dealers in the sale of aircraft shall be exempt from
103171 registration requirements upon purcha se of a license from the
104172 Oklahoma Tax Commission Service Oklahoma pursuant to Section 2 of
105173 this act Section 254.1 of this title . This exemption shall not
106174 apply to dealers’ personal aircraft. The payment of the license fee
107175 as set forth in Section 2 of this act Section 254.1 of this title
108176 shall be treated as a pay ment in lieu of any ad valorem ta x upon the
109177 value of aircraft owned by the dealer.
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111204 2. Dealers’ “sales aircraft” shall be exempt from payment o f ad
112205 valorem tax and registration fees and taxes as pr ovided in Section
113206 256 of this title upon certification to the Oklahoma Tax Commission
114207 Service Oklahoma that each particular aircraft is used for delivery
115208 and demonstration purposes only.
116-
117209 D. All manufacturers of aircraft shall be exempt from
118210 registration requirements upon purchase of an “exemption license”
119211 from the Oklahoma Tax Commission Service Oklahoma, cost of which
120212 shall be Two Hundred Fifty Dollars ($250.00). The payment of the
121213 fee prescribed by this subsection shall be treated as a payment in
122214 lieu of any ad valorem tax upon the value of aircraft owned by th e
123215 manufacturer.
124-
125216 E. Registrants not having purchased registrat ion certificates
126217 in January will be penalized at the rate of twenty cents ($0.20) per
127218 day in February and doubled on the first day of M arch.
128-
129219 SECTION 3. AMENDATORY 3 O.S . 2021, Section 254.1, is
130220 amended to read as follows:
131-
132221 Section 254.1. A. It shall be unlawful for any person to
133222 engage in the business of sell ing new or used aircraft in this
134223 state, or to serve in the capacity of, or act as a dealer of new or
135-
136-ENR. S. B. NO. 773 Page 4
137224 used aircraft in this state without first obtaining a dealer license
138225 as provided in this section. Any person utilizing more than one
139226 location where such b usiness is carried on or conducted shall be
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140253 required to obtain and hold a current license for each such
141254 location.
142-
143255 B. Dealer licenses issued pursuant to this section shall be
144256 issued only to persons that prove to the satisfaction of the
145257 Oklahoma Tax Commiss ion Service Oklahoma that they are clearly
146258 recognizable as bona fide dealers. Proof of bona fide dealer status
147259 shall include, but not be limited to, the following:
148-
149260 1. Consistent identification of the business as a dealer
150261 establishment in advertising, sig ns, telephone book listings, web
151262 sites, and other simi lar means. The dealership shall be clearly
152263 identifiable as such by any person who visits or deals with the
153264 business; and
154-
155265 2. A picture, upon application for a new license, of the
156266 business location whic h includes the office and business sign.
157-
158267 C. Applications for licenses required to be obtained pursuant
159268 to this section shall be verified by the oath or affirmation of the
160269 applicant and shall be made on forms prescribed by the Tax
161270 Commission Service Oklahoma. The form shall contain such
162271 information as the Tax Commission Service Oklahoma deems necessary
163272 to enable it to fully determine the qualifications and eligibility
164273 of the applicant to receive the license requested. The Tax
165274 Commission Service Oklahoma shall require in such application
166275 information relating to:
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168302 1. Whether the applicant has an established place of b usiness
169303 and is primarily engaged in the pursuit or business of selling
170304 aircraft;
171-
172305 2. Whether the applicant is able to properly conduct the
173306 business for which the license has been requested; and
174-
175307 3. Such other pertinent information consistent with the
176308 safeguarding of the public interest and the public welfare.
177-
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179-ENR. S. B. NO. 773 Page 5
180309 All applications for licenses shall be accompanied by the
181310 appropriate fees in accordance with the provisions of this section.
182311 In the event any application is denied and the license requested is
183312 not issued, the entire license fee shall be returned to the
184313 applicant.
185-
186314 D. All licenses issued pursuant to this section shall expire on
187315 December 31 of the second year following the date of issue. All
188316 licenses shall be nontransferable. All applications for rene wal of
189317 a license shall be submitted by November 1 of the year of renewal,
190318 and such license shall be issued by January 1. If a licensee has
191319 not made an application for renewal of the licenses by De cember 31,
192320 it shall be illegal for that licensee to sell ne w or used aircraft
193321 in this state or to serve in the capacity o f or act as a dealer of
194322 new or used aircraft in this state. If after December 31 the
195323 license has not been renewed, then such licensee shall be required
196324 to apply for a license as a new applicant .
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198351 E. The license fee to be charged and received by the Tax
199352 Commission Service Oklahoma for the license issued pursuant to this
200353 section shall be Two Hundred Fifty Dollars ($250.00). There shall
201354 be no fee for renewal of a license unless the licensee is req uired
202355 pursuant to this section to apply for a license as a new applicant.
203-
204356 F. The Tax Commission Service Oklahoma may deny an application
205357 for a license, or revoke or suspend a license, or impose a fine not
206358 to exceed Five Hundred Dollars ($500.00) against a dealer for each
207359 day that any provision of this section is vio lated, or for any of
208360 the following reasons:
209-
210361 1. On satisfactory proof of unfitnes s of the applicant in any
211362 application for a license pu rsuant to this section;
212-
213363 2. For any material misstatement m ade by an applicant in any
214364 application for a license pursuant to this section;
215-
216365 3. A change of condition after a license is granted resulting
217366 in failure to maintain the qualifications for a license ;
218-
219367 4. Being a dealer who:
220-
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222-ENR. S. B. NO. 773 Page 6
223368 a. uses false or misleading adver tising in connection
224369 with the business as a dealer,
225-
226370 b. has committed any unlawful act which resulted in the
227371 revocation of any similar license i n another state,
228-
229372 c. has failed or refused to perform a ny written agreement
230373 with any retail buyer involving the sa le of an
231374 aircraft,
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233401 d. has been convicted of a crime involving moral
234402 turpitude,
235-
236403 e. has committed a fraudulent act in selling, purchasing,
237404 or otherwise dealing in aircraft, or has
238405 misrepresented the terms and conditions of a sale,
239406 purchase, or contract for s ale or purchase of an
240407 aircraft, or
241-
242408 f. has failed to meet or ma intain the conditions and
243409 requirements necessary to qualify for the issuance of
244410 a license; or
245-
246411 5. Being a dealer who does not have an e stablished place of
247412 business.
248-
249413 The Tax Commission Service Oklahoma may also assess any excise
250414 tax, including penalty and i nterest, against any dealer determined
251415 by the Tax Commission Service Oklahoma to be in violation of this
252416 section for any aircraft sold or purchased while such dealer was in
253417 violation of this sec tion.
254-
255418 G. The Tax Commission Service Oklahoma may deny any application
256419 for a license, or suspend or revoke a license issued or impose a
257420 fine, only after appropr iate notice and a hearing as set fort h by
258421 rule of the Tax Commission Service Oklahoma.
259-
260422 H. Any person holding a dealer license o n July 1, 2000, issued
261423 pursuant to Section 254 of Title 3 of the Oklahoma Statutes shall be
262424 entitled to retain such license unti l December 31, 2000. At such
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263451 time, the dealer shall apply for a new license in accordance with
264452 the provisions of this section.
265-
266-ENR. S. B. NO. 773 Page 7
267-
268453 SECTION 4. AMENDATORY 3 O.S. 2021, Section 255, is
269454 amended to read as follows:
270-
271455 Section 255. A. Upon receipt of an application for the
272456 registration of an aircraft, as herein provided, the Oklahoma Tax
273457 Commission Service Oklahoma shall file such application and register
274458 such aircraft with the name and address of the owner, manufacturer
275459 or dealer, as the ca se may be, together with facts stated in such
276460 application, in a book or index to be kept for the purpose, under
277461 the distinctive number assigned to such aircraft, which book or
278462 index shall be open for the inspection of the public during business
279463 hours.
280-
281464 B. Upon the filing of such application a nd the payment of the
282465 fee herein provided for, the Oklahoma Tax Commission Service
283466 Oklahoma shall assign to that aircraft the distinctive license
284467 number used by the federal government to identify that aircraft, and
285468 issue and deliver to the owner certificat es of registration number
286469 to be posted in a conspicuous pla ce at the discretion of the owne r
287470 of such aircraft. Such certificates shall di splay the outline of
288471 the State of Oklahoma this state imprinted thereupon. Such
289472 certificates shall be subject to insp ection by the Oklahoma Tax
290473 Commission Service Oklahoma.
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292500 C. In the event of loss, mutilation , or destruction of a
293501 certificate of registration, the ow ner of a registered aircraft may
294502 obtain from the Oklahoma Tax Commission Service Oklahoma a duplicate
295503 thereof upon filing with the Oklahoma Tax Commission Service
296504 Oklahoma an affidavit showing the fac ts and upon the payment of a
297505 service charge of One Dolla r ($1.00) for each duplicate.
298-
299506 D. Such registration shall be renewed annually, as in the
300507 registration of automobiles, and in the same manner and upon payment
301508 of the same fee as provided for the origin al aircraft registration.
302-
303509 E. The sale of registration c ertificates for aircraft shall be
304510 by the Oklahoma Tax Commission Service Oklahoma and its agents.
305511 Provided, that monies to be paid for processing or services for the
306512 sale of registration certificates shall be deducted from the fees
307513 provided by the schedul ed rates.
308-
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310-ENR. S. B. NO. 773 Page 8
311514 F. Registration of aircraft may be transferred upon payment of
312515 a fee of Ten Dollars ($10.00).
313-
314516 SECTION 5. AMENDATORY 3 O.S. 2021, Section 256, as last
315517 amended by Section 16 of Enrolled Senate Bill No. 782 of the 1st
316518 Session of the 59th Oklahoma Legislature, is amended to read as
317519 follows:
318-
319520 Section 256. A. Registration fees an d taxes on aircraft shall
320521 be paid to and collected by the Oklahoma Tax Commission Service
321522 Oklahoma and its agents in the same manner as registration fees and
322523 taxes are paid and collected on automobiles.
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324550 The registration and reregi stration of aircraft shall be subject
325551 to the following schedule and rates:
326-
327552 1. Single-engine piston aircraft shall be taxed according to
328553 the following Schedule “A”:
554+SCHEDULE “A”
555+WEIGHT IN POUNDS FEE
556+Less than 1,750 $30.00
557+1,751 through 2,500 $52.50
558+2,501 through 3,500 $82.50
559+3,501 through 4,500 $112.50
560+4,501 through 5,500 $142.50
561+5,501 through 6,500 $172.50
562+6,501 through 8,500 $202.50
563+8,501 through 10,000 $277.50
564+10,001 through 13,000 $345.00
565+13,001 through 17,000 $397.50
566+17,001 through 20,000 $450.00
567+20,001 through 25,000 $562.50
568+25,001 through 30,000 $750.00
569+30,001 through 40,000 $937.50
570+40,001 through 50,000 $1,125.00
571+50,001 through 75,000 $1,500.00
572+75,001 through 100,000 $1,875.00
573+100,001 and over $2,250.00
329574
330-SCHEDULE “A”
331-
332-WEIGHT IN POUNDS FEE
333-
334-Less than 1,750 $30.00
335-
336-1,751 through 2,500 $52.50
337-
338-2,501 through 3,500 $82.50
339-
340-3,501 through 4,500 $112.50
341-
342-4,501 through 5,500 $142.50
343-
344-5,501 through 6,500 $172.50
345-
346-6,501 through 8,500 $202.50
347-
348-8,501 through 10,000 $277.50
349-
350-10,001 through 13,000 $345.00
351-
352-13,001 through 17,000 $397.50
353-
354-ENR. S. B. NO. 773 Page 9
355-
356-17,001 through 20,000 $450.00
357-
358-20,001 through 25,000 $562.50
359-
360-25,001 through 30,000 $750.00
361-
362-30,001 through 40,000 $937.50
363-
364-40,001 through 50,000 $1,125.00
365-
366-50,001 through 75,000 $1,500.00
367-
368-75,001 through 100,000 $1,875.00
369-
370-100,001 and over $2,250.00
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371599
372600 2. Rotary-wing aircraft shall be taxed at two times the
373601 Schedule “A” fee, based on the same weight classificati ons.
374-
375602 3. Multiengine piston aircraft shall be taxed at three times
376603 the Schedule “A” fee, based on the same weight classifications.
377-
378604 4. Turbo-prop aircraft shall be taxed at six times the Schedule
379605 “A” fee, based on the same weight classifications.
380-
381606 5. Turbo-jet aircraft shall be taxed at ten times the Schedule
382607 “A” fee, based on the same weight c lassifications.
383-
384608 6. Antique aircraft as defined by the Federal Aviation
385609 Administration, sailplanes, balloon s, and home-built aircraft shall
386610 be subject to a flat -rate fee of Ten Dollars ($10.00).
387-
388611 7. The fees of this subsection, except those in paragraph 6 of
389612 this subsection, shall be reduced at a rate of ten percent (10%)
390613 each year following the date of manufac ture until the fee is equal
391614 to fifty percent (50%) of the o riginal fee, which shall then be the
392615 fee for each year thereafter.
393-
394616 8. Every aircraft owne r shall have the right to appeal the
395617 assessment of the fee as provided fo r in this subsection, and the
396618 Oklahoma Tax Commission Service Oklahoma shall appraise the air craft
397-
398-ENR. S. B. NO. 773 Page 10
399619 and its avionics as personal property at the fair market value
400620 thereof, and shall ap ply a twelve-percent assessment rate which
401621 shall be levied at the appropr iate county millage rate.
402-
403622 B. Aircraft purchased after January 1 of each year and subject
404623 to registration as provided for in this section shall be registered
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405650 and taxed on a prorated b asis. Registration fees and taxes shall be
406651 in lieu of all aircraft ad va lorem taxes. All such monies collected
407652 shall be paid to the Oklahoma Tax Commission Service Oklahoma and
408653 disbursed as follows:
409-
410654 1. Three percent (3%) of all such funds shall be paid to the
411655 State Treasurer for deposit to the credit of the General Revenue
412656 Fund of the State Treasury; and
413-
414657 2. Ninety-seven percent (97%) of such registration fees and
415658 taxes shall be deposited in the Oklahoma Department of Aerospace and
416659 Aeronautics Revolving Fund.
417-
418660 SECTION 6. AMENDATORY 3 O.S. 2021, Section 256.1, is
419661 amended to read as fol lows:
420-
421662 Section 256.1. A. The Oklahoma Tax Commission Service Oklahoma
422663 is hereby authorized to require the owner of each aircraft to pay a
423664 filing fee for the purpose of filing necessary liens with the
424665 Federal Aviation Administration when any registration f ees required
425666 to be paid by said the owner pursuant to the p rovisions of Section
426667 256 of this title, or taxes levied pursuant to the provisions of
427668 Title 68 of the Oklahoma Statutes shall become delinquent. Said The
428669 fee shall not exceed the actual cost of filing said such liens with
429670 the Federal Aviation Administrati on and shall be collected in the
430671 same manner as said such liens are collected.
431-
432672 B. The Special Agency Accoun t Board is hereby directed to
433673 create an agency special account in w hich shall be deposited monies
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434700 from subsection A of Section 256 of this title for the purpose of
435701 filing liens pursuant to subsection A of this section. All monies
436702 accruing to the credit of said such account may be budgeted and
437703 expended by the Oklahoma Tax Comm ission Service Oklahoma for the
438704 purpose of paying for filing all necessary l iens with the Federal
439705 Aviation Administration.
440-
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442-ENR. S. B. NO. 773 Page 11
443706 The amount of any balance of said the agency special account in
444707 excess of Four Thousand Dollars ($4,000.00) at the close of each
445708 fiscal year shall revert to the General Revenue Fund of this state
446709 to be paid out pursuant to direct appropriation by the Legislature.
447-
448710 SECTION 7. AMENDATORY 3 O.S. 2021, S ection 256.2, is
449711 amended to read as follows:
450-
451712 Section 256.2. A. Ea ch manufacturer of aircraft shall pay a
452713 registration fee of Two Hundred Fifty Dollars ($250.00) on each
453714 aircraft in the process of manufacture, whether or not on a factory
454715 basis, including assembly and subassembly, and the personal property
455716 used or consumed therein, which, when completed, shall be the
456717 subject of a Federal Avia tion Administration-approved type
457718 certificate. Such fee shall be paid by the manufacturer to the
458719 Oklahoma Tax Commission Service Oklahoma. The Tax Commission
459720 Service Oklahoma shall remit such fee to the county treasurer of the
460721 county in which the manufac turing facility is located to be
461722 apportioned in the same manner that ad valorem taxes are
462723 apportioned.
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464750 B. In calculating the number of aircraft in the process of
465751 manufacture, “personal property used or consumed therein” shall
466752 include personal property whi ch:
467-
468753 1. Is or is to be used or consumed as part of an aircraft in
469754 the process of manufacture; and
470-
471755 2. Is held by the manufacturer or by a supplier physically
472756 located in this state who has entered into a contract with the
473757 manufacturer for the provision of s uch personal property.
474-
475758 C. The manufacturer shall submit to the Tax Commission Service
476759 Oklahoma and to the county ass essor of the county in which the
477760 manufacturing facility is located a report which provides
478761 documentation of the personal property, the valu e thereof and the
479762 Oklahoma supplier thereof which is or is to be used or consumed in
480763 the process of manufacture for e ach aircraft registered pursuant to
481764 the provisions of this section. Each such Oklahoma supplier shall
482765 also submit to the Tax Commission Service Oklahoma and to the county
483766 assessor of the county in which the supplier is located a report
484767 which provides documentation of any personal property, the value
485-
486-ENR. S. B. NO. 773 Page 12
487768 thereof and the manuf acturer thereof which is used or consumed in
488769 the process of manufacture for each aircraft registered pursuant to
489770 the provisions of this section. Such reports shall contain any
490771 further information which may be required by the Tax Commission
491772 Service Oklahoma or the county assessor to enforce the provisions of
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492799 this section and the Ad Valorem Tax Code, Section 2801 et seq. of
493800 Title 68 of the Oklahoma Statutes.
494-
495801 D. Any manufacturer or supplier w ho willfully violates the
496802 provisions of this section shall be guilt y of a misdemeanor and
497803 shall be punishable by a fine not exceeding Five Thousand Dollars
498804 ($5,000.00). In addition to such penalty a manufacturer or supplier
499805 convicted of a violation of thi s section shall not be eligible to
500806 pay the registration fee as prov ided by this section and shall be
501807 subject to the provisions of the Ad Va lorem Tax Code, Section 2801
502808 et seq. of Title 68 of the Oklahoma Statutes.
503-
504809 SECTION 8. AMENDATORY 3 O.S. 2021, Section 257, is
505810 amended to read as follows:
506-
507811 Section 257. Authority is hereby given to the Oklahoma Tax
508812 Commission Service Oklahoma and the Department of Public Safety to
509813 promulgate rules and regulations for the purpose of regulating and
510814 enforcing this act Section 251 et seq. of this t itle. Any
511815 administrative rules promulgated by the Oklahoma Tax Commission
512816 related to the administr ation of the aircraft registration
513817 provisions set forth in Section 251 et seq. of Title 3 of the
514818 Oklahoma Statutes after January 1, 2024, shall be tran sferred to and
515819 become a part of the a dministrative rules of Service Oklahoma. The
516820 Office of Administrati ve Rules within the Office of the Secretary of
517821 State shall provide adequate notice in “The Oklahoma Register ” of
518822 the transfer of rules and shall place th e transferred rules under
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519849 the Administrative Code section of Servic e Oklahoma. From and after
520850 January 1, 2024, any amendment, repeal, or addition to the
521851 transferred rules shall be under the jurisdiction of Service
522852 Oklahoma. All documents issued by the se ctions transferred to
523853 Service Oklahoma, including but not limited t o registrations and
524854 permits, shall be deemed to have been issued by Service Oklahoma.
525-
526855 SECTION 9. AMENDATORY 68 O.S. 2021, Section 6002, is
527856 amended to read as follo ws:
528-
529-
530-ENR. S. B. NO. 773 Page 13
531857 Section 6002. Beginning on and after July 1, 1984, there shall
532858 be levied an excise tax of three an d one-fourth percent (3 1/4%) of
533859 the purchase price of each aircraft that is to be registered with
534860 the Federal Aviation Administration, upon the transfer of legal
535861 ownership of any such air craft or the use of any such aircraft
536862 within this state. The excise tax levied pursuant to the provisions
537863 of Sections 6001 through 6004 of this title is in lieu of all other
538864 taxes on the transfer or the first registratio n in this state on
539865 aircraft, including optional equipment and accessories attach ed
540866 thereto at the time of sale and sold as a part thereof, except
541867 annual aircraft registration fees. The tax hereby levied shall be
542868 due at the time of the transfer of legal ow nership or first
543869 registration in this state, and shall be collected by the Oklahoma
544870 Tax Commission Service Oklahoma at the time of the issuance of a
545871 certificate of registration for any such aircraft. The excise tax
546872 levied pursuant to the provisions of thi s section shall be
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547899 delinquent from and after the twentieth day after the legal
548900 ownership or possession of any aircraft is obtained. Any person
549901 failing or refusing to pay the tax provided for in this section on
550902 or before the date of delinquency shall pay, in addition to the tax,
551903 a penalty of ten percent (10%) on the total amount of ta x due.
552904 Interest shall be collected on the total delinquent tax at the rate
553905 of one and one-fourth percent (1 1/4%) per month from the date of
554906 the delinquency until said the tax is paid.
555-
556907 SECTION 10. AMENDATORY 68 O.S. 2021, Section 6003 , is
557908 amended to read as follows:
558-
559909 Section 6003. The following aircraft shall be exempt from
560910 provisions of Section 6001 et seq. of this title:
561-
562911 1. Aircraft manufactured under an F.A.A. approved Federal
563912 Aviation Administration-approved certificate and which are owned and
564913 in the physical possession of the manufacturer of the aircraft. The
565914 aircraft shall have an aircraft exemption license as provided for in
566915 Section 254 of Title 3 of the Oklahoma Statutes;
567-
568916 2. Aircraft owned by dealers and in the dealer ’s inventory, not
569917 including aircraft that are use d personally or for bus iness. In
570918 order for this exemption to apply, the dealer shall be licensed in
571919 accordance with Section 254.1 of Title 3 of the Oklahoma Statutes ;
572-
573-
574-ENR. S. B. NO. 773 Page 14
575920 3. Aircraft of the federal government, any agency thereof, any
576921 territory or possession, any state government, agency, or political
577922 subdivision thereof;
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578948
579949 4. Aircraft transferred from one corporation or limited
580950 liability company to another corporation or limited liability
581951 company pursuant to reorganization of the corporation or limited
582952 liability company. For the pu rpose of this section the term
583953 reorganization means a statutory merger, consolidation, or
584954 acquisition;
585-
586955 5. Aircraft purchased or used by commer cial airlines as defined
587956 by paragraph 2 of Section 6001 of this title, provided any such
588957 aircraft does not operat e under Part 91 of Title 14 of the Code of
589958 Federal Regulations, 14 C.F.R., Part 91, for more than fifty percent
590959 (50%) of its annual operations. If the operations of such aircraft
591960 are not at least fifty percent (50%) Part 135 charter operations
592961 annually, the excise tax levied pursuant to the provisions of
593962 Section 6002 of this title shall be due and payable. An aircraft
594963 owner shall provide a repo rt to the Oklahoma Tax Commission Service
595964 Oklahoma on an annual basis detailing the operat ions of the aircraft
596965 and any supporting flight, maintenance or charter log books required
597966 by the Commission Service Oklahoma. For the purpose of satisfying
598967 this requirement, such operations may not include those chartered by
599968 the aircraft owner as an indiv idual or as a business entity in which
600969 the aircraft owner owns a majority interest;
601-
602970 6. Aircraft transferred in connection with the dissolution or
603971 liquidation of a corporation or limited liability company and only
604972 if included in a payment in kind to the sh areholders or members;
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605998
606999 7. Aircraft transferred to a corporation for the purpose of
6071000 organizing such corporation. However, the former owners of the
6081001 aircraft must have control of the corporation in proportion to their
6091002 interest in the aircraft prior to the t ransfer;
610-
6111003 8. Aircraft transferred to a partnership or limited liability
6121004 company when the organization of the partnership or limited
6131005 liability company is by the former owners of the aircraft. However,
6141006 the former owners of the aircraft must have control of the
6151007 partnership in proportion to their interest in the aircraft prior to
6161008 the transfer;
617-
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619-
6201009 9. Aircraft transferred from a partnership or limited liability
6211010 company to the members of the partnership or limited liability
6221011 company and if made in payment in kind in the dissolution of the
6231012 partnership;
624-
6251013 10. Aircraft transferred or conveyed to a partner of a
6261014 partnership or shareholder or member of a limited liability company
6271015 or other person who after such sale owns a joint interest in the
6281016 aircraft and on which the sale s or use tax levied pur suant to the
6291017 provisions of this title or the excise tax levied pursuant to the
6301018 provisions of Section 6002 of this title have previously been pa id
6311019 on the aircraft;
632-
6331020 11. Aircraft on which a tax levied pursuant to the provisions
6341021 of the laws of another state, equal to or in excess of the excise
6351022 tax levied by Section 6002 of this title, has been paid by the
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6361049 person using the aircraft in this state. Ai rcraft on which a tax
6371050 levied pursuant to the laws of another state, in an amount less than
6381051 the excise tax levied by Section 6002 of this title, has been paid
6391052 by the person using the aircraft in this state shall be subject to
6401053 the levy of the excise tax at a rate equal to the difference between
6411054 the rate of tax levied by Section 6002 of this title and the rate of
6421055 tax levied by the other state;
643-
6441056 12. Aircraft when legal ownership of such aircraft is obtained
6451057 by the applicant for a certificate of title by inherit ance;
646-
6471058 13. Aircraft when legal ownership of such aircraft is obtained
6481059 by the lienholder or mortgagee under or by foreclosure of a lien or
6491060 mortgage in the manner provided for by law;
650-
6511061 14. Aircraft which is transferred between husband and wife or
6521062 parent and child where no valuable consideration is given;
653-
6541063 15. Aircraft which is purchased by a resi dent of this state and
6551064 used exclusively in this state for agricultural spraying purposes;
6561065 provided, if such aircraft is sold, leased or used outside this
6571066 state or for a purpose other than agricultural spraying at any time
6581067 within three (3) years from the da te of purchase, the exc ise tax
6591068 levied pursuant to the provisions of Section 6002 of this title
6601069 shall be due and payable. For purposes of this subsection,
661-
662-ENR. S. B. NO. 773 Page 16
6631070 “agricultural spraying” means the aerial application of any
6641071 substance sold and used for soil enrichme nt or soil corrective
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6651098 purposes or for promoting the growth and productivity of plants and
6661099 animals;
667-
6681100 16. Aircraft which have a selling price in excess of Two
6691101 Million Five Hundred Thousand Dollars ($2,500,000.00) and which are
6701102 transferred to a purchaser who is not a resident of th is state for
6711103 immediate transfer out of state;
672-
6731104 17. Aircraft which is transferred without consideration between
6741105 an individual and an express tru st which that individual or the
6751106 spouse, child or parent of that individual has a right to revoke;
6761107 and
677-
6781108 18. Rotary-wing aircraft purchased to be used exclusively for
6791109 the purpose of training U.S. military personnel or other training
6801110 authorized by the U.S. Go vernment. The exemption provided by this
6811111 paragraph shall cease to be effective on January 1, 2018.
682-
6831112 SECTION 11. AMENDATORY 68 O.S. 2021, Section 6004, as
6841113 amended by Section 1, Chapter 169, O.S.L. 2022 (68 O.S. Supp. 2022,
6851114 Section 6004), is amended to read as follows:
686-
6871115 Section 6004. The Tax Commission Service Oklahoma shall require
6881116 every person licensed as a dealer in aircraft pursuant to the
6891117 provisions of Sections 251 through 257 of Title 3 of the Oklahoma
6901118 Statutes to make a report to the Tax Commission Service Oklahoma
6911119 within a period of thirty (30) days after the trans fer by such
6921120 person of the legal ownership of any aircraft. The report shall be
6931121 made on a form prescribed and furnished by the Tax Commission
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6941148 Service Oklahoma, showing the name and address of the purchaser, a
6951149 description of the aircraft including the name of the manufacturer,
6961150 the Federal Aviation Administration registration number of the
6971151 aircraft, the type and year manufactured, the serial number, the
6981152 date of the transfer, whether the aircraft is exempt from the
6991153 aircraft excise tax pursuant to Section 6003 of this title, and the
7001154 amount of the sale price. The Tax Commission Service Oklahoma may
7011155 cancel or suspend the license of any person licensed as a dealer in
7021156 aircraft pursuant to the provisions of Sections 251 through 257 of
7031157 Title 3 of the Oklahoma Statute s who shall fail or ref use to comply
7041158 with the provisions of Sections 6001 through 6007 of this title.
705-
706-ENR. S. B. NO. 773 Page 17
707-
7081159 SECTION 12. AMENDATORY 68 O.S. 2021, Se ction 6006, is
7091160 amended to read as follows:
710-
7111161 Section 6006. A. If the owner of an aircraft subject to the
7121162 tax levied pursuant to the provisions of this act Section 1355 and
7131163 Section 6001 et seq. of this title fails or refuses to pay said such
7141164 tax after proper demand thereof by an officer or agent of the Tax
7151165 Commission Service Oklahoma, such officer or agent shall repor t said
7161166 such failure to the Tax Commission Service Oklahoma, and shall seize
7171167 and hold the aicraft aircraft in the same manner as provided for in
7181168 Section 116.14 of Title 47 of the Oklahoma Statutes for the se izure
7191169 of motor vehicles.
720-
7211170 B. The Tax Commission Service Oklahoma, upon demand of the
7221171 owner of said such aircraft, shall accord a hearing to said the
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7231198 owner as provided for by law and enter its f indings and order
7241199 accordingly. If it shall be determined by the Tax Commission
7251200 Service Oklahoma that said such tax is due and payable, then it
7261201 shall issue its warran t directly to the sheriff of the county in
7271202 which the aircraft is located, and direct the s ale of such aircraft
7281203 according to the same procedures provided for in Section 116.14 of
7291204 Title 47 of the Oklahoma Statutes for the sale of vehicles for
7301205 failure to pay the annual license fee. Such seizure and sale of
7311206 such aircraft may include both the regis tration fee due and the
7321207 excise tax levied pursuant to the provisions of this act Section
7331208 1355 and Section 600 1 et seq. of this title, together with all costs
7341209 of advertisement and sale. The sale shall be conducted in t he same
7351210 manner as provided for by law for the sale of personal property
7361211 under execution.
737-
7381212 SECTION 13. AMENDATORY 68 O.S. 2021, Section 6007, is
7391213 amended to read as follows:
740-
7411214 Section 6007. Authority is hereby given to the Oklahoma Tax
7421215 Commission Service Oklahoma to promulgate all necessary rules and
7431216 regulations for the purpose of implementing and enforcing the
7441217 provisions of Sections 2 through 6 of this act Sections 6001 through
7451218 6005 of this title.
746-
7471219 SECTION 14. AMENDATORY 3 O.S. 2021, Section 374, is
7481220 amended to read as follows:
7491221
750-ENR. S. B. NO. 773 Page 18
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7511246
7521247 Section 374. A. There is hereby created within the Oklahoma
7531248 Department of Transpor tation the Oklahoma Advanced Mobility Pilot
7541249 Program. Contingent upon the availabili ty of funds, the Program
7551250 will identify and select communiti es in this state to serve as pilot
7561251 programs for the adoption of advanced mobility technologies The
7571252 program shall focus on developing and improving on transportation
7581253 technologies, including but not limited to advanced ground
7591254 transportation, autonomous ground vehicles, advanced air mobility
7601255 vehicles, and autonomous electric vertical take-off and landing
7611256 (eVTOL) vehicles. The program will also look to enhance the
7621257 interaction between modes of transport ation to ensure the s tate is
7631258 best prepared for the intercon nected transportation technologies of
7641259 the future.
765-
7661260 B. The Program will focus on both advanced ground
7671261 transportation, such as autonomous ground vehicles, as wel l as
7681262 advanced air mobility vehicles su ch as electric vertic al take-off or
7691263 landing (eVTOL) vehicles.
770-
7711264 C. The Department of Transportation shall identify and select
7721265 government entities in this state that are eligible to serve as
7731266 pilot programs for the adoption of advanced mobility technologies.
7741267 Eligible communities entities will be cities, counties and tribal
7751268 governments. Priority will be given to communities and tribal
7761269 governments entities that have been selected to participate in
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7771296 transportation-related pilot programs by the United States
7781297 Department of Transportation after January 1, 2017.
779-
7801298 D. C. The Oklahoma Secretary of Transportation shall create the
7811299 Advanced Mobility Program Advisory Council comprised of nin e (9)
7821300 members selected by the Oklahoma Secretary of Transportation to
7831301 represent a diverse set of stakeholders involved with the adoption
7841302 of advanced mobility technologies. The Council shall provide
7851303 policy, regulatory, and any other necessary recommendations to the
7861304 Oklahoma Secretary of Transportation on policy and regulatory issues
7871305 related to the adoption of advanced mobility technologies.
788-
7891306 E. D. Subject to the availability of funds, the Program shall
7901307 make two matching grant awards each year to the selecte d pilot
7911308 programs to support pilot program activities. The awards shall be
7921309 up to Five Hundred Thousand Dollars ($500,000.00) each and will be
793-
794-ENR. S. B. NO. 773 Page 19
7951310 shall require a direct one-to-one match for nonstate funds invested
7961311 or received by the pilot including funds from the pilot entity.
797-
7981312 F. E. The Oklahoma Department of Transportation shall h ave the
7991313 power to make any contract, execute any document or perform a ny act
8001314 in order to carry out this act the Oklahoma Advanced Mobi lity Pilot
8011315 Program.
802-
8031316 SECTION 15. AMENDATORY 3 O.S. 2021, Section 421, as last
8041317 amended by Section 18 of Enrolled House Bill No. 782 of the 1st
8051318 Session of the 59th Oklahoma Legislature, is amended to read as
8061319 follows:
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8071345
8081346 Section 421. A. The Oklahoma Department of Aerospace and
8091347 Aeronautics is hereby established as the clearinghouse for unmanned
8101348 aircraft systems (UAS) and advanced air mobility (AAM) in this state
8111349 and shall be designated as the agency of this state for the
8121350 promotion, enhancement and deve lopment of UAS and AAM as well as any
8131351 associated infrastructure necessary to ensure the safe integration
8141352 and use of this new technology within the state. The purpose of
8151353 this clearinghouse is to create a partnership between those entities
8161354 that currently operate UAS, those that desire to use this technology
8171355 in the future and other entities that can support the r esearch and
8181356 development of UAS to ensure that this state can more effecti vely
8191357 respond to the needs of this critical sector of the aviation and
8201358 aerospace industry. In the operation of this c learinghouse, the
8211359 Department shall cooperate, assist and coordinat e with the federal
8221360 government, agencies of this state, tribal entities, m unicipalities
8231361 and other persons in the development of unmanned aircraft syst ems
8241362 throughout the state to ensure the ac ceptance of this technology and
8251363 the successful integration of UAS into the National Airspace System.
8261364 Contingent upon the availability of f unds, the Oklahoma Department
8271365 of Aerospace and Aeronautics may use establish ed program processes
8281366 or may contract with other qualified entities to carry out the
8291367 duties and responsibili ties of the Unmanned Aircraft Systems
8301368 Development Act of 2021.
8311369
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8321395 B. The primary goal of the UAS clearinghouse within the
8331396 Department is to establish a central point within state government
8341397 to develop the strategy for how this state can become a leader in
8351398 the UAS and AAM industry. It will focus the collective resources,
836-
837-ENR. S. B. NO. 773 Page 20
8381399 knowledge, information and assets within state government to ensure
8391400 coordinated efforts amongst all parties. The clearinghous e will:
840-
8411401 1. Conduct research on what other states and localities a re
8421402 doing insofar as their UAS rules and regulations so that it can
8431403 provide recommendations to ensure this state is in the best position
8441404 within the industry;
845-
8461405 2. Organize and coordinate the a pplication for any UAS and AAM
8471406 test site, integration opportunity, pilot program or grant funding
8481407 on behalf of this state;
849-
8501408 3. Maintain a registry of UAS being operated by state agencies,
8511409 except those UAS that are p art of a university-affiliated research
8521410 program; and
853-
8541411 4. Maintain a registry of educational institutions th at offer
8551412 training programs for users of UAS.
856-
8571413 SECTION 16. NEW LAW A new section of law to be codified
8581414 in the Oklahoma Statutes as Section 403 of Title 3, unless there is
8591415 created a duplication in numbering, reads as follows:
860-
8611416 There is hereby created in the State Treasury a revolving fund
8621417 for the Oklahoma Department of Aerospace and Aeronautics to be
8631418 designated the “Oklahoma Advanced Air Mo bility Revolving Fund”. The
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8641445 fund shall be a continuing fund, not subject to fiscal year
8651446 limitations, and sha ll consist of all monies received by the
8661447 Oklahoma Tax Commission which are specifically required by law to be
8671448 deposited in the fund, any public or private donations,
8681449 contributions, and gifts received for the benefit of the fund, and
8691450 any amounts appropriated by the Legislature. All monies accruing to
8701451 the credit of the fund are hereby appropriated and may be budgeted
8711452 and expended by the Oklahoma Department of Aerospace and Aeronautics
8721453 for the purpose of investing in advanced air mobility and unmanned
8731454 aircraft systems and associated i nfrastructure. Expenditures from
8741455 the fund shall be made upon warrants issued by the State Treasurer
8751456 against claims filed as prescribed by law with the Director of the
8761457 Office of Management and Enterprise Services for approval and
8771458 payment.
878-
879-
880-ENR. S. B. NO. 773 Page 21
8811459 SECTION 17. Sections 14 through 16 of this act shall become
8821460 effective November 1, 2023.
883-
8841461 SECTION 18. Sections 1 through 13 of thi s act shall become
8851462 effective July 1, 2024.
8861463
887-
888-ENR. S. B. NO. 773 Page 22
889-Passed the Senate the 25th day of May, 2023.
890-
891-
892-
893- Presiding Officer of the Senate
894-
895-
896-Passed the House of Representatives the 25th day of May, 2023.
897-
898-
899-
900- Presiding Officer of the House
901- of Representatives
902-
903-OFFICE OF THE GOVERNOR
904-Received by the Office of the Governor this _______ _____________
905-day of _________________ __, 20_______, at ______ _ o'clock _______ M.
906-By: _______________________________ __
907-Approved by the Governor of the State of Oklahoma this _____ ____
908-day of _________________ __, 20_______, at _______ o'clock _______ M.
909-
910- _________________________________
911- Governor of the State of Oklahoma
912-
913-
914-OFFICE OF THE SECRETARY OF STATE
915-Received by the Office of the Secretary of State this _______ ___
916-day of __________________, 20 _______, at _______ o'clock _______ M.
917-By: _______________________________ __
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