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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 930 By: Rosino
AS INTRODUCED
An Act relating to the Oklahoma Aeronautics
Commission; amending 3 O.S. 2021, Section 85, which
relates to powers and du ties of Commission; modifying
authority to administer certain education programs;
authorizing Commission to accept certain monies for
related to certain education programs; and prov iding
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 O.S. 2021, Section 85, is
amended to read as follows:
Section 85. A. The Oklahoma Aeronautics Commission and its
Director acting under its authority is e mpowered and directed to
encourage, foster, and ass ist in the development of aeronautics in
this state and to encourage the es tablishment of airports and air
navigation facilities. It shall cooperate with and assist the
federal government, the municipalit ies of this state, and other
persons in the develop ment of aeronautics, and shall seek to
coordinate the aeronautical activiti es of these bodies and persons.
Municipalities are authorized to cooperate with the Commissio n in
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the development of aeronautics and aeronautical facilities in this
state.
B. The Commission may organize and administer a voluntary
program of air-age education an aerospace and aviation education
program in cooperation with the schools, colleges, an d for the
general public, and may pr epare and conduct voluntary flight clinics
for airmen and issue such bulletins and publications as may be
required. This program shall be known and may be cited as the
"AeroSPACE Program" or "Aero Student Pathway s for Aerospace Careers
and Education". This program shall be a partnership with primary,
secondary, and higher education providers to respond to the
workforce needs of the aviation and aerospace industry by promoting
and organizing quality curriculum, enhanced classroom instruction,
and research-based educational programs. The AeroSPACE Program
shall collaborate with industry and act as the facilitator for the
collection and sharing of information, development and
implementation of activities, and the dissemination of resources
concerning aerospace education with the primary goal being to
establish a common statewide strategy for implementing aerospace
educational curriculum initiatives to better prepare students for an
aviation and aerospace career. The Oklahoma Aeronautics Commission
may employ established program processes or contract with other
qualified entities to operate the AeroSPACE Program. The Oklahoma
Aeronautics Commission may accept funding that includes, but is not
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limited to, donations, contractual arrangements, in -kind services,
federal or state appropriations, and grants.
C. The Commission shall assist in all aeronautical matters
related to emergency management actions in conformance with federal
directions and with the Emergency Operations Pl an of the state.
D. The Commission may establish air markers throughout the
state.
E. The Commission may purchase and install roadside signs
directing highway traffic to airports, subject to approval of the
State Transportation Commission.
F. The Commission shall:
1. Draft and recommend necessary legislation to advance the
interests of the state in aeronautics;
2. Represent the state in aeronautical matters before federal
agencies and other state agencies; and
3. Participate as party plaintiff or defe ndant or as intervener
on behalf of the state or any municipality or citizen thereof in any
proceeding which involves the interest of the state in aeronautics.
G. 1. The Commission may, insofar as is reasonably possible,
make available its engineering an d other technical servic es to any
municipality or person desiring them in connection wi th the
planning, acquisition, construction, improvement, maintenance, or
operation of airports or navigation facilities.
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2. The Commission m ay render financial assistan ce by grant or
loan or both to any municipality or municipalities acting jointly in
the planning, acquisition, construction, improvement, maintenance,
or operation of an airport owned or controlled, or to be owned or
controlled, by such municipality or mun icipalities, out of
appropriations or other monies made available by the Legislature fo r
such purposes. Such financial assistance may be furnished in
connection with federal or other financial aid for the same
purposes.
3. The Commission shall be designa ted as the agent of this
state or political subdivision of this state for the purpose o f
applying for, receiving, administering and disbursing federal funds
and other public monies for the benefit of general aviation
airports, except reliever airports, as may be available under
applicable federal law or other laws. If requested by a politic al
subdivision, the Commission may act as its or their agent in
contracting for and supervising such planning, acquisition,
construction, improvement, maintenance, or op eration; and all
political subdivisions are authorized to designate the Commission as
their agent for the foregoing purposes. The Commission, as
principal on behalf of the state, may enter into any contracts with
the United States or with any person, whic h may be required in
connection with a grant or loan of federal monies for municipal
airport or air navigation facility purposes. All federal monies
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accepted under this section shall be accepted and transferred or
expended by the Commission upon such term s and conditions as are
prescribed by the United States. All monies received by the
Commission pursuant to this section shall be deposited in the
Oklahoma Aeronautics Commission Fund in the State Treasury and shall
be paid out by the Commission in accorda nce with the terms and
conditions of any agreement entered into under the provisions of
this section.
H. 1. The Commission is authorized on behalf of and in the
name of the state, out of appropriations and other monies made
available for such purposes, t o plan, zone, establish, construct,
enlarge, improve, maintain, equip, operate, regulat e, protect, and
police airports and air navigation facilities, either within or
without the state, including the construction, installation,
equipping, maintenance, and operation at such airpor ts of buildings
and other facilities for the servicing of aircr aft or for the
comfort and accommodation of air travelers. However, the regulatory
authority shall not extend to any airman employed by, nor to any
aeronautics facility or aircraft under the e xclusive possession,
operation, or control of, a person holding a certificate of public
convenience and necessity issued by any agency of the United States
to operate as a common carrier by air of persons and/or property in
interstate commerce. For such p urposes the Commission may, by
purchase, gift, devise, or lease , acquire property, real or
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personal, or any interest therein including easements in
aeronautical hazards or land outside the boundaries of a n airport or
airport site, as are necessary to permi t safe and efficient
operation of the state airports or to perm it the removal,
elimination, obstruction-marking or obstruction-lighting of airport
hazards, or to prevent the establishment of airport hazar ds. In
like manner the Comm ission may acquire exist ing airports and air
navigation facilities. However, the Commi ssion shall not acquire or
take over any airport or air navigation facility owned or controlled
by a municipality of this or any other state without the consent of
such municipality. The Commi ssion may, by sale, lease, or
otherwise, dispose of any such pr operty, airport, air navigation
facility, or portion thereof or interest therein. The disposal, by
sale, lease, or otherwise, shall be in ac cordance with the laws of
this state governing the d isposition of other property of the state,
except that, in the case of disposals to any municipality or state
government or the United States for aeronautical purposes incident
thereto, the sale, lease, o r other disposal may be effe cted in such
manner and upon such terms as the Commission may deem in the best
interest of the state.
2. All airports owned by the state shall be within the primary
jurisdiction of the Oklahoma Aeronautics Commission for purpos es of
design, development, a nd operation; provided, that airports owned
and operated by the Oklahoma Space Industry Development Authority
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shall be exempt from such provisions, and during the time of a
national emergency, the Air National Guard shall be exe mpt from such
provisions, and provided further, that any airport owned by the
state may be leased by the Commission to a public or private agency,
as it may deem fit.
3. Nothing contained in the Oklahoma Aeronautics Commission Act
shall be construed to li mit any right, power, or aut hority of the
state or a municipality to regulate airport hazards by zoning.
4. The Commission may exercise any powers granted by this
section jointly with any municipalities or with the United States.
5. a. In operating an airport or air navigation fac ility
owned or controlled by the state, the Commission may
enter into contracts, leases , and other arrangements
for a term not exceeding twenty-five (25) years with
any persons granting the privilege of using or
improving such airport or air navigation fac ility or
any portion or facility thereof or space therein for
commercial purposes; conf erring the privilege of
supplying goods, commodities, things, services, or
facilities at such airport or air navigation facility;
or making available services to be furn ished by the
Commission or its agents at such airport or air
navigation facility.
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In each such case the Commission may establish the
terms and conditions and fix the charges, rentals, or
fees for the privileges or services, which shall be
reasonable and uniform for the same class o f
privileges or services and shall be established with
due regard to the property and improvements used and
the expenses of operation to the state; provided, that
in no case shall the public be deprived o f its
rightful, equal, and uniform use of the airpor t, air
navigation facility or portion or facility thereof.
b. The Commission may by contract, lease, or other
arrangement, upon a consideration fixed by it, grant
to any qualified person for a term not to exceed
twenty-five (25) years the privilege of oper ating, as
agent of the state or otherwise, any airport owned or
controlled by the state; provided, that no such person
shall be granted any authority to operate the airport
other than as a public airport or to enter into any
contracts, leases, or other arr angements in connection
with the operation of the airport whi ch the Commission
might not have undertaken under subparagraph a of this
paragraph.
c. To enforce the payment of any charges for repairs to,
or improvements, storage, or care of, any personal
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property made or furnished by the Commission or its
agents in connection with the operation of an airport
or air navigation facility owned or operated by the
state, the state shall have liens on such propert y,
which shall be enforcea ble by the Commission as
provided by law.
6. In accepting federal monies under this se ction, the
Commission shall have the same authority to enter into contracts on
behalf of the state as is granted to the Commission under paragr aph
3 of subsection G of t his section with respect t o federal monies
accepted on behalf of municipalities. All m onies received by the
Commission pursuant to this section shall be deposited in the
Oklahoma Aeronautics Commission Fund in the State Treasury and shall
be paid out of the Commission Fund in acco rdance with the terms and
conditions of any agreement entered into under the provisions of
this section.
7. The Commission shall grant no exclusive right for the use of
any airport or air navigation faci lity under its jurisdictio n. This
shall not be construed to prevent the making of contracts, leases,
and other arrangements pursuant to paragraph 5 of this subsection.
I. The Commission may enter into any contracts necessary to the
execution of the power s granted it by the Oklaho ma Aeronautics
Commission Act. All contracts made by the Commission, either as the
agent of the state or as the agent of any municipality, shall be
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made pursuant to the laws of the state governing the making of like
contracts. When the planning, acquisit ion, construction,
improvement, maintenance, or operation of any airport or air
navigation facility is financed wholly or partially with federal
monies, the Commission as agent of the state or of any municipality
may let contracts in the manner prescribed by the federal
authorities acting under the laws of the United States and any rules
or regulations made thereunder.
J. 1. The Commission, the Director, or any officer or employee
of the Commission designated by it shall have the power to hold
investigations, inquiries, and hearin gs concerning matters covered
by the provisions of the Oklaho ma Aeronautics Commission Act and the
rules, regulations, and orders of the Commission. Hearings shall be
open to the public and shall be held upon such call or notice as the
Commission shall deem advisable. Each member of the Commission, the
Director, and every officer or employee of the Commission designated
by it to hold any inquiry, investigation, or hearing shall have the
power to administer oaths and affirmations, certify to all official
acts, issue subpoenas, and order the attendance and testimony of
witnesses and the production of papers, books, and documents. In
case of the failure of any person to comply with any subpoena or
order issued under the authority of this subsection, or on th e
refusal of any witness to testify to any matters regarding which he
may be lawfully interrogated, it shall be the duty of the district
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court of any county or of the judge thereof, on application of the
Commission or its authoriz ed representative, to comp el obedience by
proceedings for contempt, as in the case of d isobedience of the
requirements of a subpoena issued from such court or a refusal to
testify therein.
2. In order to facilitate the making of investigations by the
Commission in the interest of public safety and promotion of
aeronautics the public interes t requires, and it is therefore
provided, that the reports of investigations or hearings, or any
part thereof, shall not be admitted in evidenc e or used for any
purpose in any suit, action, or pr oceeding growing out of any matter
referred to in the investi gation, hearing, or report thereof, except
in case of any suit, action, or proceeding, civil or criminal,
instituted by or in behalf of the Com mission or in the name of the
state under the provis ions of the Oklahoma Aeronautics Commission
Act or other laws of the state relating to aeronautics; nor shall
any member of the Commission, or the Director, or any officer or
employee of the Commission be required to testify to an y facts
ascertained in, or information gained by reason of, such person 's
official capacity, or be required to testify as an expert witness in
any suit, action, or proceeding involving any aircraft. Subject to
the foregoing provisions, the Commission may in its discretion make
available to appropriate federal, state and municipal agencies
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information and material developed in the course of its
investigations and hearings.
K. 1. The Commission is authorized to confer with or to h old
joint hearings with an y agency of the United Sta tes in connection
with any matter arising under the Oklahoma Aeronautics Commission
Act or relating to the sound development of aeronautics.
2. The Commission is authorized to avail itself of the
cooperation, services, records, a nd facilities of the agenc ies of
the United States as fully as may be practicable in th e
administration and enforcement of the Oklahoma Aeronautics
Commission Act. The Commission shall furnish to the agencies of the
United States its cooperation, services , records, and facilities,
insofar as may be practicable.
3. The Commission shall repo rt to the appropriate agency of the
United States all accidents in aeronautics in this state of which it
is informed and shall, insofar as is p racticable, preserve, prot ect,
and prevent the remov al of the component parts of any aircraft
involved in an accident being investigated by it until the federal
agency institutes an investigation.
L. The Commission may organize and administer an aerospace
education program in coop eration with universities, colleges and
schools for the general public. The Commission may also plan and
act jointly in a cooperative aviation research or high technology
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program. As part of these programs, the Commission may is sue
aviation communication films and publications.
M. The Commission shall administer an airport inspection
program for all public-use airports within the State of Oklahoma.
The inspection program shall occur on a three -year cycle and shall
be administered by the Oklahoma Aeronau tics Commission. Airport
owners, including individuals and municipalities, shall provi de
access to airport facilities for conducting the inspections. The
Commission shall provide a written report to each public -use airport
detailing the findings of such inspections.
SECTION 2. This act shall become effective November 1, 2023.
59-1-788 KR 1/19/2023 10:52:24 AM