Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB930 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 930 By: Rosino of the Senate
7	37
8	38		and
9	39
10		-	Baker and Menz of the House
	40	+	Baker of the House
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14	45		An Act relating to the Oklahoma Aeronautics
15	46		Commission; amending 3 O.S. 2021, Section 85, which
16	47		relates to powers an d duties of Commission; modifying
17	48		authority to administer certain education programs;
18	49		authorizing Commission to accept certain monies for
19	50		related to certain education programs; and prov iding
20	51		an effective date.
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22	53
23	54
24		-	~~SUBJECT: Aerospace~~
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26	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27		-
28	58		SECTION 1. AMENDATORY 3 O.S. 2021, Section 85, is
29	59		amended to read as follows:
30		-
31	60		Section 85. A. The Oklahoma Aeronautics Commission and its
32	61		Director acting under its authority is empowered and directed to
33	62		encourage, foster, and assist in the developmen t of aeronautics in
34	63		this state and to encourage the es tablishment of airports and air
35	64		navigation facilities. It shall cooperate with and assist the
36	65		federal government, the municipalities of this state, and other
37	66		persons in the development of aeronautics, and shall seek to
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38	94		coordinate the aeronautical activiti es of these bodies and persons.
39	95		Municipalities are authorized to cooperate with the Commissio n in
40	96		the development of aeronautics and aeronautical facilities in this
41	97		state.
42		-
43	98		B. The Commission may organi ze and administer a voluntary
44	99		program of air-age education an aerospace and aviation education
45	100		program in cooperation with the schools, colleges, an d for the
46	101		general public, and may prepare and conduct voluntary fl ight clinics
47		-
48		-	ENR. S. B. NO. 930 Page 2
49	102		for airmen and issue such bul letins and publications as may be
50	103		required. This program shall be known and may be cited as the
51	104		"AeroSPACE Program" or "Aero Student Pathway s for Aerospace Careers
52	105		and Education". This program shall be a partners hip with primary,
53	106		secondary, career technology, and higher education providers to
54	107		respond to the workforce needs of the aviation and aerospace
55	108		industry by promoting and organizing quality curriculum, enhanced
56	109		classroom instruction, and research-based educational programs. The
57	110		AeroSPACE Program shall collaborate with industry and act as the
58	111		facilitator for the collection and sharing of information,
59	112		development and implementation of activities, and the dissemination
60	113		of resources concerning aerospa ce education with the primary goal
61	114		being to establish a common statewide strategy for implementing
62	115		aerospace educational curriculum initiatives to better prepare
63	116		students for an aviation and aerospace career. The Oklahoma
64	117		Aeronautics Commission may employ established program processes or
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65	145		contract with other qualified entities to operate the AeroSPACE
66	146		Program. The Oklahoma Aeronautics Commission may accept funding
67	147		that includes, but is not limi ted to, donations, contractual
68	148		arrangements, in-kind services, federal or state appropriations, and
69	149		grants.
70		-
71	150		C. The Commission shall assist in all aeronautical matters
72	151		related to emergency management actions in conformance with federal
73	152		directions and with the Emergency Operations Pl an of the state.
74		-
75	153		D. The Commission may establish air markers throughout the
76	154		state.
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78	155		E. The Commission may purchase and install roadside signs
79	156		directing highway traffic to airports, subject to approval of the
80	157		State Transportation Commission.
81		-
82	158		F. The Commission shall:
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84	159		1. Draft and recommend necessary legislation to advance the
85	160		interests of the state in aeronautics;
86		-
87	161		2. Represent the state in aeronautical matters before federal
88	162		agencies and other state agencies; and
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90		-
91		-	ENR. S. B. NO. 930 Page 3
92	163		3. Participate as party plaintiff or defe ndant or as intervener
93	164		on behalf of the state or any municipality or citizen thereof in a ny
94	165		proceeding which involves the interest of the state in aeronautics.
95		-
96	166		G. 1. The Commission may, insofar as is reasonably possible,
97	167		make available its engineering an d other technical servic es to any
98	168		municipality or person desiring them in connection with the
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99	196		planning, acquisition, construction, improvement, maintenance, or
100	197		operation of airports or navigation facilities.
101		-
102	198		2. The Commission m ay render financial assistan ce by grant or
103	199		loan or both to any municipality or municipalities acting jointly in
104	200		the planning, acquisition, construction, improvement, maintenance,
105	201		or operation of an airport owned or controlled, or to be owned or
106	202		controlled, by such municipality or mun icipalities, out of
107	203		appropriations or other monies made available by the Legislature for
108	204		such purposes. Such financial assistance may be furnished in
109	205		connection with federal or other financial aid for the same
110	206		purposes.
111		-
112	207		3. The Commission shall be designa ted as the agent of this
113	208		state or political subdivision of this state for the purpose of
114	209		applying for, receiving, administering and disbursing federal funds
115	210		and other public monies for the benefit of general aviation
116	211		airports, except reliever airports, as may be available under
117	212		applicable federal law or other laws. If requested by a political
118	213		subdivision, the Commission may act as its or their agent in
119	214		contracting for and supervising such planning, acquisition,
120	215		construction, improvement, maintenance, or op eration; and all
121	216		political subdivisions are authorized to designate the Commission as
122	217		their agent for the foregoing purposes. The Commission, as
123	218		principal on behalf of the state, may enter into any contracts with
124	219		the United States or with any person, whic h may be required in
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125	247		connection with a grant or loan of federal monies for municipal
126	248		airport or air navigation facility purposes. All federal monies
127	249		accepted under this section shall be accepted and transferred or
128	250		expended by the Commission upon such term s and conditions as are
129	251		prescribed by the United States. All monies received by the
130	252		Commission pursuant to this section shall be deposited in the
131	253		Oklahoma Aeronautics Commission Fund in the State Treasury and shall
132	254		be paid out by the Commission in accorda nce with the terms and
133		-
134		-	ENR. S. B. NO. 930 Page 4
135	255		conditions of any agreement entered into under the provisions of
136	256		this section.
137		-
138	257		H. 1. The Commission is authorized on behalf of and in the
139	258		name of the state, out of appropriations and other monies made
140	259		available for such purposes, t o plan, zone, establish, construct,
141	260		enlarge, improve, maintain, equip, operate, regulate, protect, and
142	261		police airports and air navigation facilities, either within or
143	262		without the state, including the construction, installation,
144	263		equipping, maintenance, and operation at such airpor ts of buildings
145	264		and other facilities for the servicing of aircraf t or for the
146	265		comfort and accommodation of air travelers. However, the regulatory
147	266		authority shall not extend to any airman employed by, nor to any
148	267		aeronautics facility or aircraft under the e xclusive possession,
149	268		operation, or control of, a person holding a certificate of public
150	269		convenience and necessity issued by any agency of the United States
151	270		to operate as a common carrier by air of persons and/or property in
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152	298		interstate commerce. For such p urposes the Commission may, by
153	299		purchase, gift, devise, or lease, acquire property, real or
154	300		personal, or any interest therein including easements in
155	301		aeronautical hazards or land outside the boundaries of a n airport or
156	302		airport site, as are necessary to permi t safe and efficient
157	303		operation of the state airports or to permit the removal,
158	304		elimination, obstruction-marking or obstruction-lighting of airport
159	305		hazards, or to prevent the establishment of airport hazar ds. In
160	306		like manner the Comm ission may acquire exist ing airports and air
161	307		navigation facilities. However, the Commiss ion shall not acquire or
162	308		take over any airport or air navigation facility owned or controlled
163	309		by a municipality of this or any other state without the consent of
164	310		such municipality. The Commi ssion may, by sale, lease, or
165	311		otherwise, dispose of any such prop erty, airport, air navigation
166	312		facility, or portion thereof or interest therein. The disposal, by
167	313		sale, lease, or otherwise, shall be in ac cordance with the laws of
168	314		this state governing the d isposition of other property of the state,
169	315		except that, in the ca se of disposals to any municipality or state
170	316		government or the United States for aeronautical purposes incident
171	317		thereto, the sale, lease, o r other disposal may be effe cted in such
172	318		manner and upon such terms as the Commission may deem in the best
173	319		interest of the state.
174		-
175	320		2. All airports owned by the state shall be within the primary
176	321		jurisdiction of the Oklahoma Aeronautics Commission for purpos es of
177	322
178		-	ENR. S. B. NO. 930 Page 5
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179	349		design, development, a nd operation; provided, that airports owned
180	350		and operated by the Oklahoma Space Industry D evelopment Authority
181	351		shall be exempt from such provisions, and during the time of a
182	352		national emergency, the Air National Guard shall be exe mpt from such
183	353		provisions, and provided further, that any airport owned by the
184	354		state may be leased by the Commission t o a public or private agency,
185	355		as it may deem fit.
186		-
187	356		3. Nothing contained in the Oklahoma Aeronautics Commission Act
188	357		shall be construed to li mit any right, power, or aut hority of the
189	358		state or a municipality to regulate airport hazards by zoning.
190		-
191	359		4. The Commission may exercise any powers granted by this
192	360		section jointly with any municipalities or with the United States.
193		-
194	361		5. a. In operating an airport or air navigation fac ility
195	362		owned or controlled by the state, the Commission may
196	363		enter into contracts, leases, and other arrangements
197	364		for a term not exceeding twenty-five (25) years with
198	365		any persons granting the privilege of using or
199	366		improving such airport or air navigation fac ility or
200	367		any portion or facility thereof or space therein for
201	368		commercial purposes; confer ring the privilege of
202	369		supplying goods, commodities, things, services, or
203	370		facilities at such airport or air navigation facility;
204	371		or making available services to be furn ished by the
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205	399		Commission or its agents at such airport or air
206	400		navigation facility.
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208	401		In each such case the Commission may establish the
209	402		terms and conditions and fix the charges, rentals, or
210	403		fees for the privileges or services, which shall be
211	404		reasonable and uniform for the same class o f
212	405		privileges or services and shall be established with
213	406		due regard to the property and improvements used and
214	407		the expenses of operation to the state; provided, that
215	408		in no case shall the public be deprived o f its
216	409		rightful, equal, and uniform use of the airpor t, air
217	410		navigation facility or portion or facility thereof.
218		-
219	411		b. The Commission may by contract, lease, or other
220	412		arrangement, upon a consideration fixed by it, grant
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222		-	ENR. S. B. NO. 930 Page 6
223	413		to any qualified person for a term not to exceed
224	414		twenty-five (25) years the privilege of oper ating, as
225	415		agent of the state or otherwise, any airport owned or
226	416		controlled by the state; provided, that no such person
227	417		shall be granted any authority to operate the airport
228	418		other than as a public airport or to enter into any
229	419		contracts, leases, or other arr angements in connection
230	420		with the operation of the airport which the Commission
231	421		might not have undertaken under subparagraph a of this
232	422		paragraph.
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234	450		c. To enforce the payment of any charges for repairs to,
235	451		or improvements, storage, or care of, any personal
236	452		property made or furnished by the Commission or its
237	453		agents in connection with the operation of an airport
238	454		or air navigation facility owned or operated by the
239	455		state, the state shall have liens on such propert y,
240	456		which shall be enforcea ble by the Commission as
241	457		provided by law.
242		-
243	458		6. In accepting federal monies under this sect ion, the
244	459		Commission shall have the same authority to enter into contracts on
245	460		behalf of the state as is granted to the Commission under paragr aph
246	461		3 of subsection G of t his section with respect t o federal monies
247	462		accepted on behalf of municipalities. All mon ies received by the
248	463		Commission pursuant to this section shall be deposited in the
249	464		Oklahoma Aeronautics Commission Fund in the State Treasury and shall
250	465		be paid out of the Commission Fund in acco rdance with the terms and
251	466		conditions of any agreement entered i nto under the provisions of
252	467		this section.
253		-
254	468		7. The Commission shall grant no exclusive right for the use of
255	469		any airport or air navigation faci lity under its jurisdictio n. This
256	470		shall not be construed to prevent the making of contracts, leases,
257	471		and other arrangements pursuant to paragraph 5 of this subsection.
258		-
259	472		I. The Commission may enter into any contracts necessary to the
260	473		execution of the power s granted it by the Oklaho ma Aeronautics
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261	501		Commission Act. All contracts made by the Commission, either as the
262	502		agent of the state or as the agent of any municipality, shall be
263	503		made pursuant to the laws of the state governing the making of like
264	504		contracts. When the planning, acquisit ion, construction,
265		-
266		-	ENR. S. B. NO. 930 Page 7
267	505		improvement, maintenance, or operation of any airport or air
268	506		navigation facility is financed wholly or partially with federal
269	507		monies, the Commission as agent of the state or of any municipality
270	508		may let contracts in the manner prescribed by the federal
271	509		authorities acting under the laws of the United States and any rules
272	510		or regulations made thereunder.
273		-
274	511		J. 1. The Commission, the Director, or any officer or employee
275	512		of the Commission designated by it shall have the power to hold
276	513		investigations, inquiries, and hearin gs concerning matters covered
277	514		by the provisions of the Oklahoma Aeronautics Commission Act and the
278	515		rules, regulations, and orders of the Commission. Hearings shall be
279	516		open to the public and shall be held upon such call or notice as the
280	517		Commission shall deem advisable. Each member of the Commission, the
281	518		Director, and every officer or employee of the Commission designated
282	519		by it to hold any inquiry, investigation, or hearing shall have the
283	520		power to administer oaths and affirmations, certify to all official
284	521		acts, issue subpoenas, and order the attendance and testimony of
285	522		witnesses and the production of papers, books, and documents. In
286	523		case of the failure of any person to comply with any subpoena or
287	524		order issued under the authority of this subsection, or on th e
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288	552		refusal of any witness to testify to any matters regarding wh ich he
289	553		may be lawfully interrogated, it shall be the duty of the district
290	554		court of any county or of the judge thereof, on application of the
291	555		Commission or its authoriz ed representative, to comp el obedience by
292	556		proceedings for contempt, as in the case of dis obedience of the
293	557		requirements of a subpoena issued from such court or a refusal to
294	558		testify therein.
295		-
296	559		2. In order to facilitate the making of investigations by the
297	560		Commission in the interest of public safety and promotion of
298	561		aeronautics the public interest requires, and it is therefore
299	562		provided, that the reports of investigations or hearings, or any
300	563		part thereof, shall not be admitted in evidenc e or used for any
301	564		purpose in any suit, action, or pr oceeding growing out of any matter
302	565		referred to in the investiga tion, hearing, or report thereof, except
303	566		in case of any suit, action, or proceeding, civil or criminal,
304	567		instituted by or in behalf of the Com mission or in the name of the
305	568		state under the provis ions of the Oklahoma Aeronautics Commission
306	569		Act or other laws of the state relating to aeronautics; nor shall
307	570		any member of the Commission, or the Director, or any officer or
308	571		employee of the Commission be required to testify to an y facts
309		-
310		-	ENR. S. B. NO. 930 Page 8
311	572		ascertained in, or information gained by reason of, such person 's
312	573		official capacity, or be required to testify as an expert witness in
313	574		any suit, action, or proceeding involving any aircraft. Subject to
314	575		the foregoing provisions, the Commission may in its discretion make
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315	603		available to appropriate federal, state and municipal agencies
316	604		information and material developed in the course of its
317	605		investigations and hearings.
318		-
319	606		K. 1. The Commission is authorized to confer with or to h old
320	607		joint hearings with an y agency of the United Sta tes in connection
321	608		with any matter arising under the Oklahoma Ae ronautics Commission
322	609		Act or relating to the sound development of aeronautics.
323		-
324	610		2. The Commission is authorized to avail itself of the
325	611		cooperation, services, records, a nd facilities of the agenc ies of
326	612		the United States as fully as may be practicable in the
327	613		administration and enforcement of the Oklahoma Aeronautics
328	614		Commission Act. The Commission shall furnish to the agencies of the
329	615		United States its cooperation, services , records, and facilities,
330	616		insofar as may be practicable.
331		-
332	617		3. The Commission shall report to the appropriate agency of the
333	618		United States all accidents in aeronautics in this state of which it
334	619		is informed and shall, insofar as is p racticable, preserve, prot ect,
335	620		and prevent the remov al of the component parts of any aircraft
336	621		involved in an accide nt being investigated by it until the federal
337	622		agency institutes an investigation.
338		-
339	623		L. The Commission may organize and administer an aerospace
340	624		education program in coop eration with universities, colleges and
341	625		schools for the general public. The Commission m ay also plan and
342	626		act jointly in a cooperative aviation research or high technology
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343	654		program. As part of these programs, the Commission may is sue
344	655		aviation communication films and publications.
345		-
346	656		M. The Commission shall administer an airport inspection
347	657		program for all public-use airports within the State of Oklahoma.
348	658		The inspection program shall occur on a three -year cycle and shall
349	659		be administered by the Oklahoma Aeronau tics Commission. Airport
350	660		owners, including individuals and municipalities, shall provide
351	661		access to airport facilities for conducting the inspections. The
352		-
353		-	ENR. S. B. NO. 930 Page 9
354	662		Commission shall provide a written report to each public -use airport
355	663		detailing the findings of such inspections.
356		-
357	664		SECTION 2. This act shall become effective November 1, 2023.
358	665
359		-
360		-	ENR. S. B. NO. 930 Page 10
361		-	Passed the Senate the 2nd day of March, 2023.
362		-
363		-
364		-
365		-	Presiding Officer of the Senate
366		-
367		-
368		-	Passed the House of Representatives the 27th day of April, 2023.
369		-
370		-
371		-
372		-	Presiding Officer of the House
373		-	of Representatives
374		-
375		-	OFFICE OF THE GOVERNOR
376		-	Received by the Office of the Governor this _______ _____________
377		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
378		-	By: _______________________________ __
379		-	Approved by the Governor of the State of Oklahoma this _____ ____
380		-	day of ___________________, 20_______, at _______ o'clock _______ M.
381		-
382		-	_________________________________
383		-	Governor of the State of Oklahoma
384		-
385		-
386		-	OFFICE OF THE SECRETARY OF STATE
387		-	Received by the Office of the Secretary of State this _______ ___
388		-	day of __________________, 20 _______, at _______ o'clock _______ M.
389		-	By: _______________________________ __
	666	+	COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated 04/04/2023 -
	667	+	DO PASS.