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SENATE FLOOR VERSION
April 9, 2024
ENGROSSED HOUSE
BILL NO. 3672 By: Miller of the House
and
Haste of the Senate
An Act relating to aircraft and airports; amending 3
O.S. 2021, Sections 65.1, 65.2, 65.4, 65.5, 65.6,
65.7, 65.8, 65.10, 65.12, 6 5.15, 65.16, and 65.17,
which relate to the Municipal Airports Act; defining
terms; modifying definition; modifying language to
include vertiports as municipally owned air
facilities; extending certain tax exemption to
include vertiports and air navigation properties;
amending 3 O.S. 2021, Section 82, as amended by
Section 2, Chapter 126, O.S.L. 2023 (3 O.S. Supp.
2023, Section 82), which relates to definitions;
defining terms; amending 3 O.S. 2021, Section 85, as
amended by Section 5, Chapter 126, O.S.L. 2 023 (3
O.S. Supp. 2023, Section 85), which relates to powers
and duties of the Department; modifying language to
include vertiports and air navigation facilities;
amending 3 O.S. 2021, Section 421, as last amended by
Section 15, Chapter 365, O.S.L. 2023 (3 O.S. Supp.
2023, Section 421), which relates to the
establishment of clearinghouse of unmanned aircraft
systems; modifying du ties of clearinghouse;
authorizing entry into certain partnerships; and
providing an effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 O.S. 2021, Section 65.1, is
amended to read as follows:
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Section 65.1 As used in this act, unless the text otherwise
requires:
(a) "Airport" means an area on land or water that is used, or
intended to be used, for the landing and taking off of aircraft, and
includes its buildings and facilities, if any.
(b) "Air navigation facility " means any facility - other than
one owned and operated by the Unite d States - used in, available for
use in, or designed for use in, aid of air navigation, including any
structures, mechanisms, lights, beacons, markers, communicating
systems, or other instrumentalities, or devices used or useful as an
aid, or constituting an advantage or convenience, to the safe taking
off, navigation, and landing of aircraft, or the safe and efficient
operation or maintenance of an airport, and any combination of any
or all of such facilities.
(c) "Airport hazard" means any structure, ob ject of natural
growth, or use of land which obstructs the airspace required for the
flight of aircraft in landing or taking off at an airport or
vertiport or is otherwise hazardous to such landing or taking off of
aircraft.
(d) "Helipad" means a small designated area, usually with a
prepared surface, on a heliport, airport, landing or takeoff area,
apron or ramp, or movement area used for takeoff, landing or parking
of helicopters.
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(e) "Heliport" means an area of land, water or structure used
or intended to be used for the landing an d takeoff of helicopters
and includes its buildings and facilities, if any.
(f) "Municipality" means any county, city, or town, or
political subdivision of this state. "Municipal" means pertaining
to a municipality as herein defined.
(g) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic; and includes any trustee, receiver, assignee or other
similar representative thereof.
(h) "Vertiport" means an area of land, water, or structure used
or intended to be used for the landing and takeoff of VTOL aircraft.
(i) "VTOL aircraft" means an aircraft which has vertical
takeoff and landing capability.
SECTION 2. AMENDATORY 3 O.S. 2021, Section 65.2, is
amended to read as follows:
Section 65.2 (a) Establishment, Operation, Land Acquisition.
Every municipality is authorized, out of any appropriations or other
monies made available for such purpose, to plan, establish, develop,
construct, enlarge, improve, maintain, equip, operate, regulate,
protect and police airports , vertiports, and air navigation
facilities, either within or without the territorial limits of such
municipality and within or without the territorial boundaries of
this state, including the constructio n, installation, equipment,
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maintenance and operation at such airports of buildings and other
facilities for the servicing of aircraft or for the comfort and
accommodation of air travelers, and the purchase and sale of
supplies, goods and commodities as an incident to the operation of
its airport properties. For such purposes the municipality may use
any available property that it may now or hereafter own or control
and may, by purchase, gift, devise, lease, eminent domain
proceedings or otherwise, acquire property, real or personal, or any
interest therein including easements in airport hazards or land
outside the boundaries of an airport , vertiport, or airport site as
are necessary to permit safe and efficient operation of th e airport
or vertiport or to permit the removal, elimination, obstruction -
marking or obstruction -lighting of airport hazards or to prevent the
establishment of airport hazards.
(b) Acquisition of Existing Airports. Any municipality may by
purchase, gift, devise or lease acquire existi ng airports,
vertiports, and air navigation facilities, provided however it shall
not acquire or take over any airport or air navigation facility
without the consent of the owner thereof.
(c) Establishment of Airports on Publi c Waters and Reclaimed
Lands. For the purposes of this act, a municipality may establish
or acquire and maintain, within or bordering upon the territorial
limits of the municipality, airports in, over and upon, any public
waters of this state, any submerged lands under such public wat ers,
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and any artificial or reclaimed lands which before the artificial
making or reclamation thereof constituted a portion of the submerged
lands under such public waters; and may construct and maintain
terminal building, land ing floats, causeways, roadway s and bridges
for approaches to or connecting with any such airport, and landing
floats and breakwaters for the protection thereof.
(d) Limitation on Design and Operation of Air Navigation
Facilities. All air navigation facilities established or operated
by municipalities shall be supplementary to and coordinated in
design and operation with those established and operated by the
federal and state governments.
SECTION 3. AMENDATORY 3 O.S. 2021, Section 65.4, is
amended to read as f ollows:
Section 65.4 Except as may be limited by the terms and
conditions of any grant, loan, or agreement pursuant to Section 13
of this act, every municipality may by sale, lease or otherwise,
dispose of any airport, vertiport, air navigation facility o r other
property, or portion thereof or interest therein, acquired pursuant
to this act. Such disposal by sale, lease, or otherwise, shall be
in accordance with the laws of this state, or provisions of the
charter of the municipality, governing the dispos ition of other
property of the municipality, except that in the case of the
disposal of another municipality or agency of the state or federal
government for aeronautical purposes incident thereto, the sale,
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lease, or other disposal may be effected in such manner and upon
such terms as the governing body of the municipality may deem in the
best interest of the municipality.
SECTION 4. AMENDATORY 3 O.S. 2021, Section 65.5, is
amended to read as follows:
Section 65.5 A. Under Municipal Operation. In operating an
airport, vertiport, air navigation facility or aircraft maintenance
or manufacturing facility owned, leased or controlled by a
municipality, such municipality may, except as may be limited by the
terms and conditions of any grant, loan, or agreement pursuant to
Section 65.13 of this title, enter into contracts, leases and other
arrangements for a primary term not exceeding fifty (50) years with
any persons:
1. Granting the privilege of using or improving such airport,
vertiport, air navigation facility or aircraft maintenance or
manufacturing facility or any portion or facility thereof, or space
therein for commercial purposes;
2. Conferring the privilege of supplying goods, commodities,
things, services or facilities at su ch airport, vertiport, air
navigation facility or aircraft maintenance or manufacturing
facility; or
3. Making available services to be furnished by the
municipality or its agents at such airport, vertiport, air
navigation facility or aircraft maintenance or manufacturing
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facility. In each case the municipality 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 of privilege or service and shal l be established with due
regard to the property and improvements used and the expenses of
operation to the municipality.
B. Under Other Operation. Except as may be limited by the
terms and conditions of any grant, loan, or agreement pursuant to
Section 65.13 of this title, a municipality may by contract, lease
or other arrangement, upon a consideration fixed by it, grant to any
qualified person for a term not to exceed five (5) years the
privilege of operating, as agent of the municipality or otherwise,
any airport or vertiport owned or controlled by the municipality;
provided, that no such person shall be granted any authority to
operate such airport or vertiport other than as a public airport
facility or to enter into any c ontracts, leases, or other
arrangements in connection with the operation of the airport or
vertiport which the municipality might not have undertaken under
subsection A of this section.
SECTION 5. AMENDATORY 3 O.S. 2021, Section 65.6, is
amended to read as fol lows:
Section 65.6 To enforce the payment of any charges for repairs
or improvements to or storage or care of, any personal property made
or furnished by the municipality or its agents in connection with
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the operation of an a irport, vertiport, or air navigation facility
owned or operated by the municipality, the municipality shall have a
lien on such property, which shall be enforceable by the
municipality as provided by law.
SECTION 6. AMENDATORY 3 O.S. 2021, Section 65.7, is
amended to read as follows:
Section 65.7 Any authority vested by this act in a municipality
or in the governing body thereof, for the planning, establishment,
development, construction, enlargement, improvement, maintenance,
equipment, operation, regulation, protection and policing of
airports, vertiport, or other air navigation facilities established,
owned or controlled, or to be established, owned or controlled by
the municipality may be vested by resolution of the governing body
of the municipality in an officer or board or other municipal agency
whose powers and duties shall be prescribed in the resolution;
provided, however, that the expense of such planning, establishment,
development, construction, enlargement, improvement , maintenance,
equipment, operation, regulation, protection and policing shall be a
responsibility of the municipality.
SECTION 7. AMENDATORY 3 O.S. 2021, Section 65.8, is
amended to read as follows:
Section 65.8 (a) Scope. A municipality, which has establi shed
or acquired or which may hereafter establish or acquire an airport ,
vertiport, or air navigation facility, is authorized to adopt, amend
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and repeal such reasonable ordinance, resolutions, rules,
regulations and orders as it shall deem necessary for th e
management, government and use of such airport , vertiport, or air
navigation facility under its control, whether situated within or
without the territorial limits of the municipality. For the
enforcement thereof, the municipality, may, by ordinance or
resolution, as may by law be appropriate, appoint airport guards or
police, with full police powers, and fix penalties, within the
limits prescribed by law, for the violation of the aforesaid
ordinances, resolutions, rules, reg ulations and orders. Enforcem ent
may also be conducted by airport officers holding a commission from
and employed by an airport trust as defined in, and pursuant to and
in accordance with, the provisions and requirements of the Oklahoma
Campus Security Act, and who, as a result of whi ch, hold full police
powers. Said penalties shall be enforced in the same manner in
which penalties prescribed by other ordinances, or resolutions of
the municipality are enforced. To the extent that an airport ,
vertiport, or other air navigation facilit y controlled and operated
by a municipality is located outside the territorial limits of the
municipality, it shall, subject to federal and state laws, rules and
regulations, be under the jurisdiction and control of the
municipality controlling or operatin g it, and no other municipality
shall have any authority to charge or exact a license fee or
occupation tax for operations thereon.
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(b) Conformity to Federal and State Law. All ordinances,
resolutions, rules, regulations or orders which are issued by the
municipality shall be kept in substantial conformity with the laws
of this state or any regulations promulgated or standards
established pursuant thereto, and, as nearly as may be, with the
federal laws governing aerospace and aeronautics and the rules,
regulations and standards duly issued thereunder.
SECTION 8. AMENDATORY 3 O.S. 2021, Section 65.10, is
amended to read as follows:
Section 65.10 The cost of planning and acquiring, establishing,
developing, constructing, enlarging , improving, or equipping, an
airport, vertiport, or air navigation facility, or the site
therefor, including buildings and other facilities incidental to the
operation thereof, and the acquisition or elimination of airport
hazards, may be paid for wholly or partly from the proceeds of the
sale of bonds or notes of the municipality, as the governing body of
the municipality shall determine. For such purposes a municipality
may issue general or special obligation bonds, revenue bonds or
other forms of bonds or notes, secured or unsecured, including
refunding bonds, in the manner and within the limitations prescribed
by the laws of this state or the charter of the municipality for the
authorization and issuance of bonds or notes thereof for public
purposes generally. Any bonds or notes issued by a municipality
pursuant to this act which are payable, as to principal and
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interest, solely from the revenues of an airport , vertiport, or air
navigation facility (and such bonds or notes shall so state on their
face) shall not constitute a debt of such municipality within the
meaning of any constitutional or statutory debt limitation or
restriction. In any suit, action or proceeding involving the
security, or the validity or enforceability, of any bond or note
issued by a municipality, which bond or note states on its face that
it was issued pursuant to the provisions of this act and for a
purpose or purposes authorized to be accomplished by this act, such
bond or note shall be conclusive ly deemed to have been issued
pursuant to this act for such purpose or purposes.
SECTION 9. AMENDATORY 3 O.S. 2021, Section 65.12, is
amended to read as follows:
Section 65.12 The revenues obtained by a municipality from the
ownership, control or operation of any airport, vertiport, or air
navigation facility, including proceeds from the sale of any
airport, vertiport, or portion thereof of an air navigation facility
property, shall be deposited in a special fund to be designated the
"Airport Fund", which revenues shall be appropriated solely to, and
used by the municipality for, the purposes authorized by this act.
SECTION 10. AMENDATORY 3 O.S. 2021, Section 65.15, is
amended to read as follows:
Section 65.15 (a) Authorization. For t he purposes of this
section, unless otherwise qualified, the term "public agency"
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includes municipality, as defined in this act, an agency of the
state government and of the United States, and any municipality,
political subdivision and agency of another s tate, but shall not
include institutions of higher education constituting the Oklahoma
State System of Higher Education under Section 1, Article 13A,
Constitution of the State of Oklahoma; or other institutions
coordinated with the State System of Higher E ducation under Section
4, Article 13A, Constitution of the State of Oklahoma; and the term
"governing body" means the governing body of a county or
municipality, and the head of the agency if the public agency is
other than a county or municipality. All p owers, privileges and
authority granted to any municipality by this act may be exercised
and enjoyed jointly with any public agency of this state, and
jointly with any public agency of any other state or of the United
States to the extent that the laws of such other state or of the
United States permit such joint exercise or enjoyment. If not
otherwise authorized by law, any agency of the state government when
acting jointly with any municipality, may exercise and enjoy all of
the powers, privileges and au thority conferred by this act upon a
municipality.
(b) Agreement. Any two or more public agencies may enter into
agreements with each other for joint action pursuant to the
provisions of this section. Concurrent action by ordinance,
resolution or otherw ise or the governing bodies of the participating
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public agencies shall constitute joint action. Each such agreement
shall specify its duration, the proportionate interest which each
public agency shall have in the property, f acilities and privileges
involved, the proportion to be borne by each public agency of
preliminary costs and costs of acquisition, establishment,
construction, enlargement, improvement, and equipment of the
airport, vertiport, or air navigation facility, the proportion of
the expenses of maintenance, operation, regulation and protection
thereof to be borne by each, and such other terms as are required by
the provisions of this section. The agreement may also provide for;
amendments thereof, and conditions and methods of termination of the
agreement; the disposal of all or any of the property, facilities
and privileges jointly owned upon said property, facilities and
privileges, or any part thereof, ceasing to be used for the purposes
provided by this act, or upon termination of the agre ement; the
distribution of the proceeds received upon any such disposal, and of
any funds or other property jointly owned and undisposed of; the
assumption or payment of any indebtedness arising from the joint
venture which remains unpaid upon the disposal of all assets or upon
a termination of the agreement; and such other provisions as may be
necessary or convenient.
(c) Joint Board. Public agencies acting jointly pursuant to
this section shall create a joint board which shall consist of
members appointed by the governing board of each participating
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public agency. The number to be appointed, their term and
compensation, if any, shall be provided for in the joint agreement.
Each such joint board shall organize, select offic ers for terms to
be fixed by the agreement, and adopt and amend from time to time
rules for its own procedure. The joint board shall have power to
plan, acquire, establish, develop, construct, enlarge, improve,
maintain, equip, operate, regulate, protect, and police any airport ,
vertiport, or air navigation facility or airport hazard to be
jointly acquired, controlled and operated, and such board may
exercise on behalf of its constituent public agencies all the powers
of each with respect to such airport, vertiport, air navigation
facility or airport hazard, subject to the limitations of subsection
(d) of this section.
(d) Limitations on Joint Board. (1) Expenditures. The total
expenditures to be made by the joint board for any purpose in any
fiscal year shall be determined by a budg et approved by the
governing bodies of its constituent public agencies.
(2) Acquisitions Beyond Sums Allotted. No airport, vertiport,
air navigation facility, airport hazard, or real or personal
property, the cost of which i s in excess of sums therefor f ixed by
the joint agreement or allotted in the annual budget, may be
acquired by the joint board without the approval of the governing
bodies of its constituent public agencies.
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(3) Eminent Domain. Eminent domain proceedings under this
section may be instituted only by authority of the governing bodies
of the constituent public agencies of the joint board. If so
authorized, such proceedings shall be instituted in the names of the
constituent public agencies jointly, and the property so acquired
shall be held by said public agencies as tenants in common until
conveyed by them to the joint board.
(4) Disposal of Real Property. The joint board shall not
dispose of any airport, vertiport, air navigation facility or real
property under its jurisdiction excep t with the consent of the
governing bodies of its constituent public agencies, provided that
the joint board may, without such consent, enter into contracts,
leases, or other arrangements contemplated by Section 5 of this act.
(5) Police Regulations. Any resolutions, rules, regulations or
orders of the joint board dealing with subjects authorized by
Section 8 of this act shall become effective only upon approval of
the governing bodies of the constituent public agencies provided
that upon such approval, t he resolutions, rules, regulations or
orders of the joint board shall have the same force and effect in
the territories or jurisdictions involved as the ordinances,
resolutions, rules, regulations, or orders of each public age ncy
would have in its own terr itory or jurisdiction.
(e) Joint Fund. For the purpose of providing a joint board
with moneys for the necessary expenditures in carrying out the
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provisions of this section, a joint fund shall be created and
maintained, into which shall be deposited the s hare of each of the
constituent public agencies as provided by the joint agreement.
Each of the constituent public agencies shall provide its share of
the fund from sources available to each. Any federal, state or
other contributions or loans, and the re venues obtained from the
joint ownership, control and operation of any airport or air
navigation facility under the jurisdiction of the joint board shall
be paid into the joint fund, which said joint fund shall be kept and
maintained at such place or place s as shall be mutually agreed
between the constituent agencies. Disbursements from such fund
shall be made by order of the board, subject to the limitations
prescribed in subsection (d) of this section.
SECTION 11. AMENDATORY 3 O. S. 2021, Section 65.16, is
amended to read as follows:
Section 65.16 The acquisition of any land or interest therein
pursuant to this act, the planning, acquisition, establishment,
development, construction, improvement, maintenance, equipment,
operation, regulation, protection and policing of airports ,
vertiports, and air navigation facilities, including the acquisition
or elimination of airport hazards, and the exercise of any other
powers herein granted to municipalities an d other public agencies,
to be severally or jointly exercised, are hereby declared to be
public and governmental functions, exercised for a public purpose,
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and matters of public necessity; and in the case of any county, are
declared to be county functions and purposes as well as public and
governmental; and in the case of any municipality other than a
county, are declared to be municipal functions and purposes as well
as public and governmental. All land and other property and
privileges acquired and used by or on behalf of any municip ality or
other public agency in the manner and for the purposes enumerated in
this act shall and are hereby declared to be acquired and used for
public and governmental purposes and as a matter of public
necessity, and, in the case of a county or municipal ity, for county
or municipal purposes, respectively.
SECTION 12. AMENDATORY 3 O.S. 2021, Section 65.17, is
amended to read as follows:
Section 65.17 Any property in this state acquired by a
municipality for airport, vertiport, or air navigation purposes
pursuant to the provisions of this act, and any income derived by
such municipality from the ownership, operation or control thereof,
shall be exempt from taxation to the same extent as other property
used for public purposes. Any municipality is authorized to exempt
from municipal taxation any property, acquired within its boundaries
by a public agency of another state , for airport, vertiport, or air
navigation purposes, and any income derived from suc h property, to
the extent that such other state authorizes similar exemptions from
taxation to municipalities of this state.
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SECTION 13. AMENDATORY 3 O.S. 2021, Section 82, as
amended by Section 2, Chapter 126, O.S.L. 2023 (3 O.S. Supp. 2023,
Section 82), is amended to read as follows:
Section 82. As used in the Oklahoma Department of Aerospace and
Aeronautics Act, unless the context otherwise requires:
1. "Aeronautics" means the science, art and practice of flight
including, but not limited to, transportation by aircraft and
matters relating to air commerce; the operation, construction,
repair or maintenance of aircraft, aircraft power plants and
accessories including the repair, packing and maintenance of
parachutes; the design, establishment, construction, e xtension,
operation, improvement, repair or maintenance of airports,
restricted landing areas or other air navigation facilities; and
instruction in flying or ground subjects pertaining thereto;
2. "Aeronautical hazard" means any structure, object of natu ral
growth or use of land, which obstructs the airspace required for the
flight of aircraft in landing or taking off at an airport that is
otherwise hazardous to the operation and navigation of aircraft;
3. "Air navigation facility " means any facility use d in,
available for use in, or designed for use in, aid of air navigation
including landing areas, any structures, mechanisms, lights,
beacons, markers, communicating systems or other instrumentalities
or devices used or usefu l as an aid, or constituting a n advantage or
convenience, to the safe taking off, navigation and landing of
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aircraft, or the safe and efficient operation or maintenance of an
airport and any combination of any or all of such facilities;
4. "Aircraft" means any contraption now known, o r hereafter
invented, used or designed for navigation of or flight in the air or
airspace;
5. "Airman" means any individual who engages, as the person in
command, or as a pilot, mechanic or member of the crew, in the
navigation of aircraft while under way , and any individual who is
directly in charge of the inspection, maintenance, overhauling or
repair of aircraft, aircraft engines, propellers and appliances;
6. "Airport" means an area of land or water that is used, or
intended to be used, for the landin g and takeoff of aircraft, and
buildings and facilities, if any;
7. "Airspace" means that portion of the atmosphere overlying a
designated geographical area considered as subject to territorial
jurisdiction or international l aw in respect to its use by ai rcraft,
guided missiles, and rockets;
8. "Commercial service airport " means an airport meeting the
current Federal Aviation Administration definition for commercial
service airport;
9. "Commission" means the seven members of the Oklahoma
Aerospace and Aeronautics Commission as appointed by the Governor;
10. "Department" means the Oklahoma Department of Aerospace and
Aeronautics;
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11. "Director" means the Director of the Oklahoma Department of
Aerospace and Aeronautics;
12. "General aviation airport " means an airport not meeting the
criteria for definition as a commercial service or reliever airport;
13. "Helipad" means a small, designated area, usually with a
prepared surface, on a heliport, airport, landing or takeoff area,
apron or ramp, or movement a rea used for takeoff, landing or parking
of helicopters;
14. "Heliport" means an area of land, water or structure used
or intended to be used for the landing and takeoff of helicopters
and includes its buildings and facilitie s, if any;
15. "Manned aircraft" means an aircraft, as defined in this
section, that is operated with a person in or on the aircraft;
16. "Model aircraft" means an aircraft as defined in this
section that is mechanically driven or launched into flight and that
meets all of the follow ing requirements:
a. is flown solely for hobby or recreational purposes,
and
b. is not used for payment, consideration, gratuity or
benefit, directly or indirectly charged, demanded,
received or collected by any person for the use of the
aircraft or any photographic or video image produced
by the aircraft;
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17. "Municipality" means any incorporated city, village, or
town of this state and any county or political subdivision or
district in this state, or any public trust thereof, which is, or
may be, authorized by law to acquire, establish, construct,
maintain, improve, and operate airports, airstrips, vertiports, and
aeronautical navigation facilities;
18. "Operation of aircraft " or "operate aircraft" means the
use, navigation or piloting of aircraft in the airspace over this
state or upon any airport within this state;
19. "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association or body
politic and includes any trustee, receiver, assignee or other
similar representative thereof;
20. "Primary commercial service airport " means an airport
meeting the current Federal Aviation Administration definition for
primary commercial service airport;
21. "Reliever airport" means an airport designated by the
Federal Aviation Administration as a reliever airport and which
provides substantial capacity or instrument training relief to a
primary commercial service airport;
22. "Resources" means services, facilities, funds, equipment,
property, personnel and such other act ivities as are customarily
included within the term;
23. "State" or "this state" means the State of Oklahoma;
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24. "Unmanned aircraft" means an aircraft, as defined in this
section, that is operated without the possibility of human
intervention from withi n or on the aircraft; and
25. "Unmanned aircraft system " means an unmanned aircraft and
associated elements including communication links and components
that control the unmanned aircraft that are required for the pilot
in command to operate safely and ef ficiently in the National
Airspace System;
26. "Vertiport" means an area of land, water , or structure used
or intended to be used for the landing and takeoff of VTOL aircraft;
and
27. "VTOL aircraft" means an aircraft which has vertical
takeoff and landing capability.
SECTION 14. AMENDATORY 3 O.S. 2021, Section 85, as
amended by Section 5, Chapter 126, O.S.L. 2023 (3 O.S. Supp. 2023,
Section 85), is amended to read as follows:
Section 85. A. The Oklahoma Department of Aerospace an d
Aeronautics and its Executive Director acting under its authority is
empowered and directed to encourage, foster, and assist in the
development of aerospace and aeronautics in this state and to
encourage the establishment of airports, vertiports, and air
navigation facilities. It shall cooperate with and assist the
federal government, the municipalities of this state, and other
persons in the development of aerospace and aeronautics, and shall
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seek to coordinate the aeronautical activities of these bodie s and
persons. Municipalities are authorized to cooperate with the
Department in the development of aeronautics and aeronautical
facilities in this state.
B. The Department may organize and administer a voluntary
program of air-age education in cooperati on with the schools,
colleges, and for the general public, and may prepare and conduct
voluntary flight clinics for airmen and issue such bulletins and
publications as may be required.
C. The Department shall assist in all aeronautical matters
related to emergency management actions in conformance with federal
directions and with the Emergency Operations Plan of the state.
D. The Department may establish air markers throughout the
state.
E. The Department may purchase and in stall roadside signs
directing highway traffic to airports, subject to approval of the
State Transportation Commission.
F. The Department shall:
1. Draft and recommend necessary legislation to advance the
interests of the state in aerospace and aeronautics;
2. Represent the state in aeronautical matters before federal
agencies and other state agencies; and
3. Participate as party plaintiff or defendant or as intervener
on behalf of the state or any municipality or citizen thereof in any
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proceeding which involves the interest of the state in aerospace or
aeronautics.
G. 1. The Department may, insofar as is reasonably possible,
make available its engineering and other technical services to any
municipality or person desiring them in connection with the
planning, acquisition, construc tion, improvement, maintenance, or
operation of airports , vertiports, or air navigation facilities.
2. The Department may render financial assistance by grant or
loan or both to any municipality or municipalities acting joint ly in
the planning, acquisitio n, construction, improvement, maintenance,
or operation of an airport , vertiport, or air navigation facility
owned or controlled, or to be owned or controlled, by such
municipality or municipalities, out of appropriations or other
monies made available by the Legislature for such purposes. Such
financial assistance may be furnished in connection with federal or
other financial aid for the same purposes.
3. The Department shall be designated as the agent of this
state or any political subdivision of this s tate for the purpose of
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 political
subdivision, the Department may act as its or their agent in
contracting for and supervising such planning, acquisition,
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construction, improvement, maintenance, or operation; and all
political subdivisions are authorized to designa te the Department as
their agent for the foregoing purposes. The Department, as
principal on behalf of the state, may enter into any contracts with
the United States or with any person, which may be required in
connection with a grant or loan of federal m onies for municipal
airport, vertiport, or air navigation facility purposes. All
federal monies accepted under this section shall be accepted and
transferred or expended by the Department upon such terms and
conditions as are prescribed by the United Stat es. All monies
received by the Department pursuant to this section shall be
deposited in the Oklahoma Department of Aerospace and Aeronautics
Revolving Fund in the State Treasury and shall be paid out by the
Department in accordance with the terms and con ditions of any
agreement entered into under the provisions of this section.
H. 1. The Department is authorized on behalf of and in the
name of the state, out of appropriations and other monies made
available for such purpose s, to plan, zone, establish, c onstruct,
enlarge, improve, maintain, equip, operate, regulate, protect, and
police airports, vertiports, and air navigation facilities, either
within or without the state, including the construction,
installation, equipping, maintenance, and operation at such airports
of buildings and other facilities for the servicing of aircraft or
for the comfort and accommodation of air travelers. However, the
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regulatory authority shall not extend to any airman employed by, nor
to any aeronautics facility or aircraft under the exclusive
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 purposes, the
Department may, by purchase, gift, devise, or lease, acquire
property, real or personal, or any interest therein , including
easements in aeronautical hazards or land outside the boundaries of
an airport or airport site, as are neces sary to permit safe and
efficient operation of the state airports or to permit the removal,
elimination, obstruction -marking or obstruction -lighting of airport
hazards, or to prevent the establishment of airport hazards. In
like manner, the Department may acquire existing airports ,
vertiports, and air navigation facilities. However, the Department
shall not acquire or take over any airport , vertiport, or air
navigation facility owned or controlled by a municipality of this or
any other state without the c onsent of such municipality. The
Department may, by sale, lease, or otherwise, dispose of any such
property, airport, vertiport, air navigation facility, or portion
thereof or interest therein. The disposal, by sale, lease, or
otherwise, shall be in acco rdance with the laws of this state
governing the disposition of other property of the state, except
that, in the case of disposals to any municipality or state
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government or the United States for aeronautical purposes incident
thereto, the sale, lease, or other disposal may be effected in such
manner and upon such terms as the Department 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 Department of Aerospace and Aeronau tics
for purposes of design, development, and operation; provided, that
airports owned and operated by the Oklahoma Space Industry
Development Authority shall be exempt from such provisions, and
during the time of a national e mergency, the Air National Gua rd
shall be exempt from such provisions, and provided further, that any
airport owned by the state may be leased by the Department to a
public or private agency, as it may deem fit.
3. Nothing contained in the Oklahoma Department of Aerospace
and Aeronautics Act shall be construed to limit any right, power, or
authority of the state or a municipality to regulate airport hazards
by zoning.
4. The Department may exercise any powers granted by this
section jointly with any munic ipalities or with the United S tates.
5. a. In operating an airport , vertiport, or air navigation
facility owned or controlled by the state, the
Department 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
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or improving such airport , vertiport, or air
navigation facility or any portion or facility thereof
or space therein for commercial purposes; conferring
the privilege of supplying goods, commodities, thi ngs,
services, or facilities a t such airport or air
navigation facility; or making available services to
be furnished by the Department or its agents at such
airport, vertiport, or air navigation facility.
In each such case, the Department 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 of
privileges or services and shall be established with
due regard to the property and improvements used a nd
the expenses of operation t o the state; provided, that
in no case shall the public be deprived of its
rightful, equal, and uniform use of the airport,
vertiport, air navigation facility or portion or
facility thereof.
b. The Department 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 operating, as
an agent of the state or otherwise, any airport ,
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vertiport, or air navigation facili ty owned or
controlled by the state; provided, that no such person
shall be granted any authority to operate the airport ,
vertiport, or air navigation facility other than as a
public airport, vertiport, or air navigation facility
or to enter into any contracts, leases, or other
arrangements in connection with the operation of the
airport, vertiport or air navigation facility which
the Department might not have undertaken under
subparagraph a of this paragraph.
c. To enforce the payment of any charges for re pairs to,
or improvements, sto rage, or care of, any personal
property made or furnished by the Department or its
agents in connection with the operation of an airport ,
vertiport, or air navigation facility owned or
operated by the state, the state shall have liens on
such property, which shall be enforceable by the
Department as provided by law.
6. In accepting federal monies under this section, the
Department shall have the same authority to enter into contracts on
behalf of the state as is granted to the Department under paragraph
3 of subsection G of this section with respect to federal monies
accepted on behalf of municipalities. All monies received by the
Department pursuant to this section shall be deposited in the
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Oklahoma Department of Aerospace and Aeronautics Revolving Fund i n
the State Treasury and shall be paid out of the Department Fund in
accordance with the terms and conditions of any agreement entered
into under the provisions of this section.
7. The Department shall grant no exclusive righ t for the use of
any airport, vertiport, or air navigation facility under its
jurisdiction. This shall not be construed to prevent the making of
contracts, leases, and other arrangements pursuant to paragraph 5 of
this subsection.
I. The Department may enter into any contracts necess ary to for
the execution of the powers granted it by the Oklahoma Department of
Aerospace and Aeronautics Act. All contracts made by the
Department, either as the agent of the state or as the agent of any
municipality, shall be made pursuant to the laws o f the state
governing the making of like contracts. When the planning,
acquisition, construction, improvement, maintenance, or operation of
any airport, vertiport, or air navigation facility is financed
wholly or partially with federal monies, the Departm ent 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 Oklahoma Aerospace and Aeronautics Commission, the
Executive Director, or any officer or employee of the Department
designated by it shall have the power to hold investigations,
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inquiries, and hearings concerning matters covered by the provisions
of the Oklahoma Department of Aerospace and A eronautics Act and the
rules, regulations, and orders of the Department. 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 office r or employee of the Department 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 the
refusal of any witness to testify to any mat ters regarding which he
or she may be lawfully interrogated, it shall be the duty of the
district court of any county or of the judge thereof, on application
of the Department or its authorized representative, to compel
obedience by proceedings for contempt, as in the case of
disobedience 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
Department in the interest of public safety and promotion of
aeronautics, the public interest requi res, and it is therefore
provided, that the reports of investigations or hearings, or any
part thereof, shall not be admitted in evidence or used for any
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purpose in any suit, action, or proceeding growing out of any matter
referred to in the investigation, hearing, or report thereof, except
in case of any suit, action, or proceeding, civil or criminal,
instituted by or in behalf of the Department or in the name of the
state under the provisions of the Oklahoma Department of Aer ospace
and Aeronautics Act or other laws of the state relating to
aeronautics; nor shall any member of the Commission, or the
Executive Director, or any officer or employee of the Department be
required to testify to any facts ascertained in, or information
gained by reason of, such pe rson’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
Department may in its discretion make available to a ppropriate
federal, state and municipal agencies information and material
developed in the course of its investigations and hearings.
K. 1. The Department is authorized to confer with or to hold
joint hearings with any agency of the United States in connection
with any matter arising under the Oklahoma Department of Aerospace
and Aeronautics Act or relating to the sound development of
aerospace and aeronautics.
2. The Department is authorized to avail itself of the
cooperation, services, records, and fac ilities of the agencies of
the United States as fully as may be practicable in the
administration and enforcement of the Oklahoma Department of
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Aerospace and Aeronautics Act. The Department shall furnish to the
agencies of the United States its cooperation, services, records,
and facilities, insofar as may be practicable.
3. The Department shall report 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 practicable, pre serve, protect,
and prevent the removal of the component parts of any aircraft
involved in an accident being investigated by it until the federal
agency institutes an investigation.
L. The Department may organize and administer an aerospace
education program in cooperation with univer sities, colleges and
schools for the general public. The Department may also plan and
act jointly in a cooperative aviation research or high technology
program. As part of these programs, the Department may issue
aviation communication films and publicat ions.
M. The Department shall administer an airport inspection
program for all public -use airports within this state. The
inspection program shall occur on a three -year cycle and shall be
administered by the Oklahoma Department of Aerospace and
Aeronautics. Airport owners, including individuals and
municipalities, shall provide access to airport facilities for
conducting the inspections. The Department shall provide a written
report to each public -use airport detailing the findings of such
inspections.
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SECTION 15. AMENDATORY 3 O.S. 2021, Section 421, as last
amended by Section 15, Chapter 365, O.S.L. 2023 (3 O.S. Supp. 2023,
Section 421), is amended to read as follows:
Section 421. A. The Oklahoma Department of Aerospace and
Aeronautics is hereby established as the clearinghouse for unmanned
aircraft systems (UAS) and advanced air mobility (AAM) in this state
and shall be designated as the agency of this state for the
promotion, enhancement and deve lopment of UAS and AAM as well as any
associated infrastructure necessary to ensure the safe integration
and use of this new technology within the state. The purpose of
this clearinghouse is to create a partnership between those entities
that currently operate UAS, those that desire t o use this technology
in the future and other entities that can support the research and
development of UAS to ensure that this state can more effectively
respond to the needs of this critical sector of the aviation and
aerospace industry. In the operatio n of this clearinghouse, the
Department shall cooperate, assist and coordinate with the federal
government, agencies of this state, tribal entities, municipalities
and other persons in the development of unmanned aircraft systems
throughout the state to en sure the acceptance of this technology and
the successful integration of UAS into the National Airspace System.
Contingent upon the availability of funds, the Oklahoma Department
of Aerospace and Aeronautics may use establish ed program processes
or may contract with other qualified entities to carry out the
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duties and responsibilities of the Unmanned Aircraft Systems
Development Act of 2021.
B. The primary goal of the clearinghouse within the Department
is to establish a central point within state governm ent to develop
the strategy for how this state can become a leader in the UAS and
AAM industry. It will focus the collective resources, knowledge,
information and assets within state government to ensure coordinated
efforts amongst all parties. The clear inghouse will:
1. Conduct research on what other states and localities are
doing insofar as their UAS rules and regulations so that it can
provide recommendations to ensure this state is in the best position
within the industry;
2. Organize and coordinat e the application for any UAS and AAM
test site, integration opportunity, pilot program or grant funding
on behalf of this state;
3. Maintain a registry of UAS being operated by state agencies,
except those UAS that are part of a university-affiliated research
program; and
4. Maintain a registry of educational institutions that offer
training programs for users of UAS ; and
5. Investigate the development of and , if necessary, create a
statewide system plan that will provide the framework for the
construction, development, siting, and potential partnerships
required for vertiports and other infrastructure needed to integrate
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AAM and UAS into the existing air transportation system of the
state.
C. The Department is authorized t o enter into partnerships with
any city or town of this state and any county or political
subdivision or district of this state, or any public trust thereof,
for the purpose of investing in and operating infrastructure and any
other items necessary to safely and effectively integrate A AM and
UAS into the existing air transportation system of the state as well
as the testing and development of these new aeronautical
technologies.
SECTION 16. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
April 9, 2024 - DO PASS