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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 3672 By: Miller of the House | |
4 | 35 | ||
5 | 36 | and | |
6 | 37 | ||
7 | 38 | Haste of the Senate | |
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14 | 43 | An Act relating to aircraft and airports; amending 3 | |
15 | 44 | O.S. 2021, Sections 65.1, 65.2, 65.4, 65.5, 65.6, | |
16 | 45 | 65.7, 65.8, 65.10, 65.12, 6 5.15, 65.16, and 65.17, | |
17 | 46 | which relate to the Municipal Airports Act; defining | |
18 | 47 | terms; modifying definition; modifying language to | |
19 | 48 | include vertiports as municipally owned air | |
20 | 49 | facilities; extending certain tax exemption to | |
21 | 50 | include vertiports and air navigation properties; | |
22 | 51 | amending 3 O.S. 2021, Section 82, as amended by | |
23 | 52 | Section 2, Chapter 126, O.S.L. 2023 (3 O.S. Supp. | |
24 | 53 | 2023, Section 82), which relates to definitions; | |
25 | 54 | defining terms; amending 3 O.S. 2021, Section 85, as | |
26 | 55 | amended by Section 5, Chapter 126, O.S.L. 2 023 (3 | |
27 | 56 | O.S. Supp. 2023, Section 85), which relates to powers | |
28 | 57 | and duties of the Department; modifying language to | |
29 | 58 | include vertiports and air navigation facilities; | |
30 | 59 | amending 3 O.S. 2021, Section 421, as last amended by | |
31 | 60 | Section 15, Chapter 365, O.S.L. 2023 (3 O.S. Supp. | |
32 | 61 | 2023, Section 421), which relates to the | |
33 | 62 | establishment of clearinghouse of unmanned aircraft | |
34 | 63 | systems; modifying du ties of clearinghouse; | |
35 | 64 | authorizing entry into certain partnerships; and | |
36 | 65 | providing an effective date. | |
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69 | + | BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA: | |
70 | + | SECTION 1. AMENDATORY 3 O.S. 2021, Section 65.1, is | |
71 | + | amended to read as follows: | |
40 | 72 | ||
41 | - | SUBJECT: Aircraft and airports | |
42 | - | ||
43 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
44 | - | ||
45 | - | SECTION 1. AMENDATORY 3 O.S. 2021, Section 65.1, is | |
46 | - | amended to read as follows: ENR. H. B. NO. 3672 Page 2 | |
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48 | 99 | Section 65.1 As used in this act, unless the text otherwise | |
49 | 100 | requires: | |
50 | - | ||
51 | 101 | (a) "Airport" means an area on land or water that is used, or | |
52 | 102 | intended to be used, for the landing and taking off of aircraft, and | |
53 | 103 | includes its buildings and facilities, if any. | |
54 | - | ||
55 | 104 | (b) "Air navigation facility " means any facility - other than | |
56 | 105 | one owned and operated by the Unite d States - used in, available for | |
57 | 106 | use in, or designed for use in, aid of air navigation, including any | |
58 | 107 | structures, mechanisms, lights, beacons, markers, communicating | |
59 | 108 | systems, or other instrumentalities, or devices used or useful as an | |
60 | 109 | aid, or constituting an advantage or convenience, to the safe taking | |
61 | 110 | off, navigation, and landing of aircraft, or the safe and efficient | |
62 | 111 | operation or maintenance of an airport, and any combination of any | |
63 | 112 | or all of such facilities. | |
64 | - | ||
65 | 113 | (c) "Airport hazard" means any structure, ob ject of natural | |
66 | 114 | growth, or use of land which obstructs the airspace required for the | |
67 | 115 | flight of aircraft in landing or taking off at an airport or | |
68 | 116 | vertiport or is otherwise hazardous to such landing or taking off of | |
69 | 117 | aircraft. | |
70 | - | ||
71 | 118 | (d) "Helipad" means a small designated area, usually with a | |
72 | 119 | prepared surface, on a heliport, airport, landing or takeoff area, | |
73 | 120 | apron or ramp, or movement area used for takeoff, landing or parking | |
74 | 121 | of helicopters. | |
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76 | 149 | (e) "Heliport" means an area of land, water or structure used | |
77 | 150 | or intended to be used for the landing an d takeoff of helicopters | |
78 | 151 | and includes its buildings and facilities, if any. | |
79 | - | ||
80 | 152 | (f) "Municipality" means any county, city, or town, or | |
81 | 153 | political subdivision of this state. "Municipal" means pertaining | |
82 | 154 | to a municipality as herein defined. | |
83 | - | ||
84 | 155 | (g) "Person" means any individual, firm, partnership, | |
85 | 156 | corporation, company, association, joint stock association, or body | |
86 | 157 | politic; and includes any trustee, receiver, assignee or other | |
87 | 158 | similar representative thereof. | |
88 | - | ||
89 | 159 | (h) "Vertiport" means an area of land, water, or structure used | |
90 | 160 | or intended to be used for the landing and takeoff of VTOL aircraft. | |
91 | - | ENR. H. B. NO. 3672 Page 3 | |
92 | 161 | (i) "VTOL aircraft" means an aircraft which has vertical | |
93 | 162 | takeoff and landing capability. | |
94 | - | ||
95 | 163 | SECTION 2. AMENDATORY 3 O.S. 2021, Section 65.2, is | |
96 | 164 | amended to read as follows: | |
97 | - | ||
98 | 165 | Section 65.2 (a) Establishment, Operation, Land Acquisition. | |
99 | 166 | Every municipality is authorized, out of any appropriations or other | |
100 | 167 | monies made available for such purpose, to plan, establish, develop, | |
101 | 168 | construct, enlarge, improve, maintain, equip, operate, regulate, | |
102 | 169 | protect and police airports , vertiports, and air navigation | |
103 | 170 | facilities, either within or without the territorial limits of such | |
104 | 171 | municipality and within or without the territorial boundaries of | |
105 | 172 | this state, including the constructio n, installation, equipment, | |
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106 | 200 | maintenance and operation at such airports of buildings and other | |
107 | 201 | facilities for the servicing of aircraft or for the comfort and | |
108 | 202 | accommodation of air travelers, and the purchase and sale of | |
109 | 203 | supplies, goods and commodities as an incident to the operation of | |
110 | 204 | its airport properties. For such purposes the municipality may use | |
111 | 205 | any available property that it may now or hereafter own or control | |
112 | 206 | and may, by purchase, gift, devise, lease, eminent domain | |
113 | 207 | proceedings or otherwise, acquire property, real or personal, or any | |
114 | 208 | interest therein including easements in airport hazards or land | |
115 | 209 | outside the boundaries of an airport , vertiport, or airport site as | |
116 | 210 | are necessary to permit safe and efficient operation of th e airport | |
117 | 211 | or vertiport or to permit the removal, elimination, obstruction - | |
118 | 212 | marking or obstruction -lighting of airport hazards or to prevent the | |
119 | 213 | establishment of airport hazards. | |
120 | - | ||
121 | 214 | (b) Acquisition of Existing Airports. Any municipality may by | |
122 | 215 | purchase, gift, devise or lease acquire existi ng airports, | |
123 | 216 | vertiports, and air navigation facilities, provided however it shall | |
124 | 217 | not acquire or take over any airport or air navigation facility | |
125 | 218 | without the consent of the owner thereof. | |
126 | - | ||
127 | 219 | (c) Establishment of Airports on Publi c Waters and Reclaimed | |
128 | 220 | Lands. For the purposes of this act, a municipality may establish | |
129 | 221 | or acquire and maintain, within or bordering upon the territorial | |
130 | 222 | limits of the municipality, airports in, over and upon, any public | |
131 | 223 | waters of this state, any submerged lands under such public wat ers, | |
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132 | 251 | and any artificial or reclaimed lands which before the artificial | |
133 | 252 | making or reclamation thereof constituted a portion of the submerged | |
134 | 253 | lands under such public waters; and may construct and maintain | |
135 | - | terminal building, land ing floats, causeways, | |
254 | + | terminal building, land ing floats, causeways, roadway s and bridges | |
136 | 255 | for approaches to or connecting with any such airport, and landing | |
137 | 256 | floats and breakwaters for the protection thereof. | |
138 | - | ||
139 | 257 | (d) Limitation on Design and Operation of Air Navigation | |
140 | 258 | Facilities. All air navigation facilities established or operated | |
141 | 259 | by municipalities shall be supplementary to and coordinated in | |
142 | 260 | design and operation with those established and operated by the | |
143 | 261 | federal and state governments. | |
144 | - | ||
145 | 262 | SECTION 3. AMENDATORY 3 O.S. 2021, Section 65.4, is | |
146 | 263 | amended to read as f ollows: | |
147 | - | ||
148 | 264 | Section 65.4 Except as may be limited by the terms and | |
149 | 265 | conditions of any grant, loan, or agreement pursuant to Section 13 | |
150 | 266 | of this act, every municipality may by sale, lease or otherwise, | |
151 | 267 | dispose of any airport, vertiport, air navigation facility o r other | |
152 | 268 | property, or portion thereof or interest therein, acquired pursuant | |
153 | 269 | to this act. Such disposal by sale, lease, or otherwise, shall be | |
154 | 270 | in accordance with the laws of this state, or provisions of the | |
155 | 271 | charter of the municipality, governing the dispos ition of other | |
156 | 272 | property of the municipality, except that in the case of the | |
157 | 273 | disposal of another municipality or agency of the state or federal | |
158 | 274 | government for aeronautical purposes incident thereto, the sale, | |
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159 | 302 | lease, or other disposal may be effected in such manner and upon | |
160 | 303 | such terms as the governing body of the municipality may deem in the | |
161 | 304 | best interest of the municipality. | |
162 | - | ||
163 | 305 | SECTION 4. AMENDATORY 3 O.S. 2021, Section 65.5, is | |
164 | 306 | amended to read as follows: | |
165 | - | ||
166 | 307 | Section 65.5 A. Under Municipal Operation. In operating an | |
167 | 308 | airport, vertiport, air navigation facility or aircraft maintenance | |
168 | 309 | or manufacturing facility owned, leased or controlled by a | |
169 | 310 | municipality, such municipality may, except as may be limited by the | |
170 | 311 | terms and conditions of any grant, loan, or agreement pursuant to | |
171 | 312 | Section 65.13 of this title, enter into contracts, leases and other | |
172 | 313 | arrangements for a primary term not exceeding fifty (50) years with | |
173 | 314 | any persons: | |
174 | - | ||
175 | 315 | 1. Granting the privilege of using or improving such airport, | |
176 | 316 | vertiport, air navigation facility or aircraft maintenance or | |
177 | 317 | manufacturing facility or any portion or facility thereof, or space | |
178 | 318 | therein for commercial purposes; | |
179 | - | ENR. H. B. NO. 3672 Page 5 | |
180 | 319 | 2. Conferring the privilege of supplying goods, commodities, | |
181 | 320 | things, services or facilities at su ch airport, vertiport, air | |
182 | 321 | navigation facility or aircraft maintenance or manufacturing | |
183 | 322 | facility; or | |
184 | - | ||
185 | 323 | 3. Making available services to be furnished by the | |
186 | 324 | municipality or its agents at such airport, vertiport, air | |
187 | 325 | navigation facility or aircraft maintenance or manufacturing | |
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188 | 353 | facility. In each case the municipality may establish the terms and | |
189 | 354 | conditions and fix the charges, rentals or fees for the privileges | |
190 | 355 | or services, which shall be reasonable and uniform for the same | |
191 | 356 | class of privilege or service and shal l be established with due | |
192 | 357 | regard to the property and improvements used and the expenses of | |
193 | 358 | operation to the municipality. | |
194 | - | ||
195 | 359 | B. Under Other Operation. Except as may be limited by the | |
196 | 360 | terms and conditions of any grant, loan, or agreement pursuant to | |
197 | 361 | Section 65.13 of this title, a municipality may by contract, lease | |
198 | 362 | or other arrangement, upon a consideration fixed by it, grant to any | |
199 | 363 | qualified person for a term not to exceed five (5) years the | |
200 | 364 | privilege of operating, as agent of the municipality or otherwise, | |
201 | 365 | any airport or vertiport owned or controlled by the municipality; | |
202 | 366 | provided, that no such person shall be granted any authority to | |
203 | 367 | operate such airport or vertiport other than as a public airport | |
204 | 368 | facility or to enter into any c ontracts, leases, or other | |
205 | 369 | arrangements in connection with the operation of the airport or | |
206 | 370 | vertiport which the municipality might not have undertaken under | |
207 | 371 | subsection A of this section. | |
208 | - | ||
209 | 372 | SECTION 5. AMENDATORY 3 O.S. 2021, Section 65.6, is | |
210 | 373 | amended to read as fol lows: | |
211 | - | ||
212 | 374 | Section 65.6 To enforce the payment of any charges for repairs | |
213 | 375 | or improvements to or storage or care of, any personal property made | |
214 | 376 | or furnished by the municipality or its agents in connection with | |
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215 | 404 | the operation of an a irport, vertiport, or air navigation facility | |
216 | 405 | owned or operated by the municipality, the municipality shall have a | |
217 | 406 | lien on such property, which shall be enforceable by the | |
218 | 407 | municipality as provided by law. | |
219 | - | ||
220 | 408 | SECTION 6. AMENDATORY 3 O.S. 2021, Section 65.7, is | |
221 | 409 | amended to read as follows: | |
222 | - | ||
223 | 410 | Section 65.7 Any authority vested by this act in a municipality | |
224 | - | or in the governing body thereof, for the | |
411 | + | or in the governing body thereof, for the planning, establishment, | |
225 | 412 | development, construction, enlargement, improvement, maintenance, | |
226 | 413 | equipment, operation, regulation, protection and policing of | |
227 | 414 | airports, vertiport, or other air navigation facilities established, | |
228 | 415 | owned or controlled, or to be established, owned or controlled by | |
229 | 416 | the municipality may be vested by resolution of the governing body | |
230 | 417 | of the municipality in an officer or board or other municipal agency | |
231 | 418 | whose powers and duties shall be prescribed in the resolution; | |
232 | 419 | provided, however, that the expense of such planning, establishment, | |
233 | 420 | development, construction, enlargement, improvement , maintenance, | |
234 | 421 | equipment, operation, regulation, protection and policing shall be a | |
235 | 422 | responsibility of the municipality. | |
236 | - | ||
237 | 423 | SECTION 7. AMENDATORY 3 O.S. 2021, Section 65.8, is | |
238 | 424 | amended to read as follows: | |
239 | - | ||
240 | 425 | Section 65.8 (a) Scope. A municipality, which has establi shed | |
241 | 426 | or acquired or which may hereafter establish or acquire an airport , | |
242 | 427 | vertiport, or air navigation facility, is authorized to adopt, amend | |
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243 | 455 | and repeal such reasonable ordinance, resolutions, rules, | |
244 | 456 | regulations and orders as it shall deem necessary for th e | |
245 | 457 | management, government and use of such airport , vertiport, or air | |
246 | 458 | navigation facility under its control, whether situated within or | |
247 | 459 | without the territorial limits of the municipality. For the | |
248 | 460 | enforcement thereof, the municipality, may, by ordinance or | |
249 | 461 | resolution, as may by law be appropriate, appoint airport guards or | |
250 | 462 | police, with full police powers, and fix penalties, within the | |
251 | 463 | limits prescribed by law, for the violation of the aforesaid | |
252 | 464 | ordinances, resolutions, rules, reg ulations and orders. Enforcem ent | |
253 | 465 | may also be conducted by airport officers holding a commission from | |
254 | 466 | and employed by an airport trust as defined in, and pursuant to and | |
255 | 467 | in accordance with, the provisions and requirements of the Oklahoma | |
256 | 468 | Campus Security Act, and who, as a result of whi ch, hold full police | |
257 | 469 | powers. Said penalties shall be enforced in the same manner in | |
258 | 470 | which penalties prescribed by other ordinances, or resolutions of | |
259 | 471 | the municipality are enforced. To the extent that an airport , | |
260 | 472 | vertiport, or other air navigation facilit y controlled and operated | |
261 | 473 | by a municipality is located outside the territorial limits of the | |
262 | 474 | municipality, it shall, subject to federal and state laws, rules and | |
263 | 475 | regulations, be under the jurisdiction and control of the | |
264 | 476 | municipality controlling or operatin g it, and no other municipality | |
265 | 477 | shall have any authority to charge or exact a license fee or | |
266 | 478 | occupation tax for operations thereon. | |
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268 | 506 | (b) Conformity to Federal and State Law. All ordinances, | |
269 | - | resolutions, rules, regulations or orders which are issued by | |
507 | + | resolutions, rules, regulations or orders which are issued by the | |
270 | 508 | municipality shall be kept in substantial conformity with the laws | |
271 | 509 | of this state or any regulations promulgated or standards | |
272 | 510 | established pursuant thereto, and, as nearly as may be, with the | |
273 | 511 | federal laws governing aerospace and aeronautics and the rules, | |
274 | 512 | regulations and standards duly issued thereunder. | |
275 | - | ||
276 | 513 | SECTION 8. AMENDATORY 3 O.S. 2021, Section 65.10, is | |
277 | 514 | amended to read as follows: | |
278 | - | ||
279 | 515 | Section 65.10 The cost of planning and acquiring, establishing, | |
280 | 516 | developing, constructing, enlarging , improving, or equipping, an | |
281 | 517 | airport, vertiport, or air navigation facility, or the site | |
282 | 518 | therefor, including buildings and other facilities incidental to the | |
283 | 519 | operation thereof, and the acquisition or elimination of airport | |
284 | 520 | hazards, may be paid for wholly or partly from the proceeds of the | |
285 | 521 | sale of bonds or notes of the municipality, as the governing body of | |
286 | 522 | the municipality shall determine. For such purposes a municipality | |
287 | 523 | may issue general or special obligation bonds, revenue bonds or | |
288 | 524 | other forms of bonds or notes, secured or unsecured, including | |
289 | 525 | refunding bonds, in the manner and within the limitations prescribed | |
290 | 526 | by the laws of this state or the charter of the municipality for the | |
291 | 527 | authorization and issuance of bonds or notes thereof for public | |
292 | 528 | purposes generally. Any bonds or notes issued by a municipality | |
293 | 529 | pursuant to this act which are payable, as to principal and | |
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294 | 557 | interest, solely from the revenues of an airport , vertiport, or air | |
295 | 558 | navigation facility (and such bonds or notes shall so state on their | |
296 | 559 | face) shall not constitute a debt of such municipality within the | |
297 | 560 | meaning of any constitutional or statutory debt limitation or | |
298 | 561 | restriction. In any suit, action or proceeding involving the | |
299 | 562 | security, or the validity or enforceability, of any bond or note | |
300 | 563 | issued by a municipality, which bond or note states on its face that | |
301 | 564 | it was issued pursuant to the provisions of this act and for a | |
302 | 565 | purpose or purposes authorized to be accomplished by this act, such | |
303 | 566 | bond or note shall be conclusive ly deemed to have been issued | |
304 | 567 | pursuant to this act for such purpose or purposes. | |
305 | - | ||
306 | 568 | SECTION 9. AMENDATORY 3 O.S. 2021, Section 65.12, is | |
307 | 569 | amended to read as follows: | |
308 | - | ||
309 | 570 | Section 65.12 The revenues obtained by a municipality from the | |
310 | 571 | ownership, control or operation of any airport, vertiport, or air | |
311 | 572 | navigation facility, including proceeds from the sale of any | |
312 | 573 | airport, vertiport, or portion thereof of an air navigation facility | |
313 | - | property, shall be deposited in a special | |
574 | + | property, shall be deposited in a special fund to be designated the | |
314 | 575 | "Airport Fund", which revenues shall be appropriated solely to, and | |
315 | 576 | used by the municipality for, the purposes authorized by this act. | |
316 | - | ||
317 | 577 | SECTION 10. AMENDATORY 3 O.S. 2021, Section 65.15, is | |
318 | 578 | amended to read as follows: | |
319 | - | ||
320 | 579 | Section 65.15 (a) Authorization. For t he purposes of this | |
321 | 580 | section, unless otherwise qualified, the term "public agency" | |
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322 | 608 | includes municipality, as defined in this act, an agency of the | |
323 | 609 | state government and of the United States, and any municipality, | |
324 | 610 | political subdivision and agency of another s tate, but shall not | |
325 | 611 | include institutions of higher education constituting the Oklahoma | |
326 | 612 | State System of Higher Education under Section 1, Article 13A, | |
327 | 613 | Constitution of the State of Oklahoma; or other institutions | |
328 | 614 | coordinated with the State System of Higher E ducation under Section | |
329 | 615 | 4, Article 13A, Constitution of the State of Oklahoma; and the term | |
330 | 616 | "governing body" means the governing body of a county or | |
331 | 617 | municipality, and the head of the agency if the public agency is | |
332 | 618 | other than a county or municipality. All p owers, privileges and | |
333 | 619 | authority granted to any municipality by this act may be exercised | |
334 | 620 | and enjoyed jointly with any public agency of this state, and | |
335 | 621 | jointly with any public agency of any other state or of the United | |
336 | 622 | States to the extent that the laws of such other state or of the | |
337 | 623 | United States permit such joint exercise or enjoyment. If not | |
338 | 624 | otherwise authorized by law, any agency of the state government when | |
339 | 625 | acting jointly with any municipality, may exercise and enjoy all of | |
340 | 626 | the powers, privileges and au thority conferred by this act upon a | |
341 | 627 | municipality. | |
342 | - | ||
343 | 628 | (b) Agreement. Any two or more public agencies may enter into | |
344 | 629 | agreements with each other for joint action pursuant to the | |
345 | 630 | provisions of this section. Concurrent action by ordinance, | |
346 | 631 | resolution or otherw ise or the governing bodies of the participating | |
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347 | 659 | public agencies shall constitute joint action. Each such agreement | |
348 | 660 | shall specify its duration, the proportionate interest which each | |
349 | 661 | public agency shall have in the property, f acilities and privileges | |
350 | 662 | involved, the proportion to be borne by each public agency of | |
351 | 663 | preliminary costs and costs of acquisition, establishment, | |
352 | 664 | construction, enlargement, improvement, and equipment of the | |
353 | 665 | airport, vertiport, or air navigation facility, the proportion of | |
354 | 666 | the expenses of maintenance, operation, regulation and protection | |
355 | 667 | thereof to be borne by each, and such other terms as are required by | |
356 | 668 | the provisions of this section. The agreement may also provide for; | |
357 | 669 | amendments thereof, and conditions and methods of termination of the | |
358 | - | agreement; the disposal of all or any of the property, facilities | |
670 | + | agreement; the disposal of all or any of the property, facilities | |
359 | 671 | and privileges jointly owned upon said property, facilities and | |
360 | 672 | privileges, or any part thereof, ceasing to be used for the purposes | |
361 | 673 | provided by this act, or upon termination of the agre ement; the | |
362 | 674 | distribution of the proceeds received upon any such disposal, and of | |
363 | 675 | any funds or other property jointly owned and undisposed of; the | |
364 | 676 | assumption or payment of any indebtedness arising from the joint | |
365 | 677 | venture which remains unpaid upon the disposal of all assets or upon | |
366 | 678 | a termination of the agreement; and such other provisions as may be | |
367 | 679 | necessary or convenient. | |
368 | - | ||
369 | 680 | (c) Joint Board. Public agencies acting jointly pursuant to | |
370 | 681 | this section shall create a joint board which shall consist of | |
371 | 682 | members appointed by the governing board of each participating | |
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372 | 710 | public agency. The number to be appointed, their term and | |
373 | 711 | compensation, if any, shall be provided for in the joint agreement. | |
374 | 712 | Each such joint board shall organize, select offic ers for terms to | |
375 | 713 | be fixed by the agreement, and adopt and amend from time to time | |
376 | 714 | rules for its own procedure. The joint board shall have power to | |
377 | 715 | plan, acquire, establish, develop, construct, enlarge, improve, | |
378 | 716 | maintain, equip, operate, regulate, protect, and police any airport , | |
379 | 717 | vertiport, or air navigation facility or airport hazard to be | |
380 | 718 | jointly acquired, controlled and operated, and such board may | |
381 | 719 | exercise on behalf of its constituent public agencies all the powers | |
382 | 720 | of each with respect to such airport, vertiport, air navigation | |
383 | 721 | facility or airport hazard, subject to the limitations of subsection | |
384 | 722 | (d) of this section. | |
385 | - | ||
386 | 723 | (d) Limitations on Joint Board. (1) Expenditures. The total | |
387 | 724 | expenditures to be made by the joint board for any purpose in any | |
388 | 725 | fiscal year shall be determined by a budg et approved by the | |
389 | 726 | governing bodies of its constituent public agencies. | |
390 | - | ||
391 | 727 | (2) Acquisitions Beyond Sums Allotted. No airport, vertiport, | |
392 | 728 | air navigation facility, airport hazard, or real or personal | |
393 | 729 | property, the cost of which i s in excess of sums therefor f ixed by | |
394 | 730 | the joint agreement or allotted in the annual budget, may be | |
395 | 731 | acquired by the joint board without the approval of the governing | |
396 | 732 | bodies of its constituent public agencies. | |
397 | 733 | ||
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398 | 760 | (3) Eminent Domain. Eminent domain proceedings under this | |
399 | 761 | section may be instituted only by authority of the governing bodies | |
400 | 762 | of the constituent public agencies of the joint board. If so | |
401 | 763 | authorized, such proceedings shall be instituted in the names of the | |
402 | - | constituent public agencies jointly, and the property so acquired | |
764 | + | constituent public agencies jointly, and the property so acquired | |
403 | 765 | shall be held by said public agencies as tenants in common until | |
404 | 766 | conveyed by them to the joint board. | |
405 | - | ||
406 | 767 | (4) Disposal of Real Property. The joint board shall not | |
407 | 768 | dispose of any airport, vertiport, air navigation facility or real | |
408 | 769 | property under its jurisdiction excep t with the consent of the | |
409 | 770 | governing bodies of its constituent public agencies, provided that | |
410 | 771 | the joint board may, without such consent, enter into contracts, | |
411 | 772 | leases, or other arrangements contemplated by Section 5 of this act. | |
412 | - | ||
413 | 773 | (5) Police Regulations. Any resolutions, rules, regulations or | |
414 | 774 | orders of the joint board dealing with subjects authorized by | |
415 | 775 | Section 8 of this act shall become effective only upon approval of | |
416 | 776 | the governing bodies of the constituent public agencies provided | |
417 | 777 | that upon such approval, t he resolutions, rules, regulations or | |
418 | 778 | orders of the joint board shall have the same force and effect in | |
419 | 779 | the territories or jurisdictions involved as the ordinances, | |
420 | 780 | resolutions, rules, regulations, or orders of each public age ncy | |
421 | 781 | would have in its own terr itory or jurisdiction. | |
422 | - | ||
423 | 782 | (e) Joint Fund. For the purpose of providing a joint board | |
424 | 783 | with moneys for the necessary expenditures in carrying out the | |
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425 | 811 | provisions of this section, a joint fund shall be created and | |
426 | 812 | maintained, into which shall be deposited the s hare of each of the | |
427 | 813 | constituent public agencies as provided by the joint agreement. | |
428 | 814 | Each of the constituent public agencies shall provide its share of | |
429 | 815 | the fund from sources available to each. Any federal, state or | |
430 | 816 | other contributions or loans, and the re venues obtained from the | |
431 | 817 | joint ownership, control and operation of any airport or air | |
432 | 818 | navigation facility under the jurisdiction of the joint board shall | |
433 | 819 | be paid into the joint fund, which said joint fund shall be kept and | |
434 | 820 | maintained at such place or place s as shall be mutually agreed | |
435 | 821 | between the constituent agencies. Disbursements from such fund | |
436 | 822 | shall be made by order of the board, subject to the limitations | |
437 | 823 | prescribed in subsection (d) of this section. | |
438 | - | ||
439 | 824 | SECTION 11. AMENDATORY 3 O. S. 2021, Section 65.16, is | |
440 | 825 | amended to read as follows: | |
441 | - | ||
442 | 826 | Section 65.16 The acquisition of any land or interest therein | |
443 | 827 | pursuant to this act, the planning, acquisition, establishment, | |
444 | 828 | development, construction, improvement, maintenance, equipment, | |
445 | 829 | operation, regulation, protection and policing of airports , | |
446 | 830 | vertiports, and air navigation facilities, including the acquisition | |
447 | - | or elimination of airport hazards, and the | |
831 | + | or elimination of airport hazards, and the exercise of any other | |
448 | 832 | powers herein granted to municipalities an d other public agencies, | |
449 | 833 | to be severally or jointly exercised, are hereby declared to be | |
450 | 834 | public and governmental functions, exercised for a public purpose, | |
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451 | 862 | and matters of public necessity; and in the case of any county, are | |
452 | 863 | declared to be county functions and purposes as well as public and | |
453 | 864 | governmental; and in the case of any municipality other than a | |
454 | 865 | county, are declared to be municipal functions and purposes as well | |
455 | 866 | as public and governmental. All land and other property and | |
456 | 867 | privileges acquired and used by or on behalf of any municip ality or | |
457 | 868 | other public agency in the manner and for the purposes enumerated in | |
458 | 869 | this act shall and are hereby declared to be acquired and used for | |
459 | 870 | public and governmental purposes and as a matter of public | |
460 | 871 | necessity, and, in the case of a county or municipal ity, for county | |
461 | 872 | or municipal purposes, respectively. | |
462 | - | ||
463 | 873 | SECTION 12. AMENDATORY 3 O.S. 2021, Section 65.17, is | |
464 | 874 | amended to read as follows: | |
465 | - | ||
466 | 875 | Section 65.17 Any property in this state acquired by a | |
467 | 876 | municipality for airport, vertiport, or air navigation purposes | |
468 | 877 | pursuant to the provisions of this act, and any income derived by | |
469 | 878 | such municipality from the ownership, operation or control thereof, | |
470 | 879 | shall be exempt from taxation to the same extent as other property | |
471 | 880 | used for public purposes. Any municipality is authorized to exempt | |
472 | 881 | from municipal taxation any property, acquired within its boundaries | |
473 | 882 | by a public agency of another state , for airport, vertiport, or air | |
474 | 883 | navigation purposes, and any income derived from suc h property, to | |
475 | 884 | the extent that such other state authorizes similar exemptions from | |
476 | 885 | taxation to municipalities of this state. | |
477 | 886 | ||
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478 | 913 | SECTION 13. AMENDATORY 3 O.S. 2021, Section 82, as | |
479 | 914 | amended by Section 2, Chapter 126, O.S.L. 2023 (3 O.S. Supp. 2023, | |
480 | 915 | Section 82), is amended to read as follows: | |
481 | - | ||
482 | 916 | Section 82. As used in the Oklahoma Department of Aerospace and | |
483 | 917 | Aeronautics Act, unless the context otherwise requires: | |
484 | - | ||
485 | 918 | 1. "Aeronautics" means the science, art and practice of flight | |
486 | 919 | including, but not limited to, transportation by aircraft and | |
487 | 920 | matters relating to air commerce; the operation, construction, | |
488 | 921 | repair or maintenance of aircraft, aircraft power plants and | |
489 | 922 | accessories including the repair, packing and maintenance of | |
490 | 923 | parachutes; the design, establishment, construction, e xtension, | |
491 | - | operation, improvement, repair or maintenance of airports, | |
924 | + | operation, improvement, repair or maintenance of airports, | |
492 | 925 | restricted landing areas or other air navigation facilities; and | |
493 | 926 | instruction in flying or ground subjects pertaining thereto; | |
494 | - | ||
495 | 927 | 2. "Aeronautical hazard" means any structure, object of natu ral | |
496 | 928 | growth or use of land, which obstructs the airspace required for the | |
497 | 929 | flight of aircraft in landing or taking off at an airport that is | |
498 | 930 | otherwise hazardous to the operation and navigation of aircraft; | |
499 | - | ||
500 | 931 | 3. "Air navigation facility " means any facility use d in, | |
501 | 932 | available for use in, or designed for use in, aid of air navigation | |
502 | 933 | including landing areas, any structures, mechanisms, lights, | |
503 | 934 | beacons, markers, communicating systems or other instrumentalities | |
504 | 935 | or devices used or usefu l as an aid, or constituting a n advantage or | |
505 | 936 | convenience, to the safe taking off, navigation and landing of | |
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506 | 964 | aircraft, or the safe and efficient operation or maintenance of an | |
507 | 965 | airport and any combination of any or all of such facilities; | |
508 | - | ||
509 | 966 | 4. "Aircraft" means any contraption now known, o r hereafter | |
510 | 967 | invented, used or designed for navigation of or flight in the air or | |
511 | 968 | airspace; | |
512 | - | ||
513 | 969 | 5. "Airman" means any individual who engages, as the person in | |
514 | 970 | command, or as a pilot, mechanic or member of the crew, in the | |
515 | 971 | navigation of aircraft while under way , and any individual who is | |
516 | 972 | directly in charge of the inspection, maintenance, overhauling or | |
517 | 973 | repair of aircraft, aircraft engines, propellers and appliances; | |
518 | - | ||
519 | 974 | 6. "Airport" means an area of land or water that is used, or | |
520 | 975 | intended to be used, for the landin g and takeoff of aircraft, and | |
521 | 976 | buildings and facilities, if any; | |
522 | - | ||
523 | 977 | 7. "Airspace" means that portion of the atmosphere overlying a | |
524 | 978 | designated geographical area considered as subject to territorial | |
525 | 979 | jurisdiction or international l aw in respect to its use by ai rcraft, | |
526 | 980 | guided missiles, and rockets; | |
527 | - | ||
528 | 981 | 8. "Commercial service airport " means an airport meeting the | |
529 | 982 | current Federal Aviation Administration definition for commercial | |
530 | 983 | service airport; | |
531 | - | ||
532 | 984 | 9. "Commission" means the seven members of the Oklahoma | |
533 | 985 | Aerospace and Aeronautics Commission as appointed by the Governor; | |
986 | + | 10. "Department" means the Oklahoma Department of Aerospace and | |
987 | + | Aeronautics; | |
534 | 988 | ||
535 | - | 10. "Department" means the Oklahoma Department of Aerospace and | |
536 | - | Aeronautics; ENR. H. B. NO. 3672 Page 13 | |
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537 | 1014 | ||
538 | 1015 | 11. "Director" means the Director of the Oklahoma Department of | |
539 | 1016 | Aerospace and Aeronautics; | |
540 | - | ||
541 | 1017 | 12. "General aviation airport " means an airport not meeting the | |
542 | 1018 | criteria for definition as a commercial service or reliever airport; | |
543 | - | ||
544 | 1019 | 13. "Helipad" means a small, designated area, usually with a | |
545 | 1020 | prepared surface, on a heliport, airport, landing or takeoff area, | |
546 | 1021 | apron or ramp, or movement a rea used for takeoff, landing or parking | |
547 | 1022 | of helicopters; | |
548 | - | ||
549 | 1023 | 14. "Heliport" means an area of land, water or structure used | |
550 | 1024 | or intended to be used for the landing and takeoff of helicopters | |
551 | 1025 | and includes its buildings and facilitie s, if any; | |
552 | - | ||
553 | 1026 | 15. "Manned aircraft" means an aircraft, as defined in this | |
554 | 1027 | section, that is operated with a person in or on the aircraft; | |
555 | - | ||
556 | 1028 | 16. "Model aircraft" means an aircraft as defined in this | |
557 | 1029 | section that is mechanically driven or launched into flight and that | |
558 | 1030 | meets all of the follow ing requirements: | |
559 | - | ||
560 | 1031 | a. is flown solely for hobby or recreational purposes, | |
561 | 1032 | and | |
562 | - | ||
563 | 1033 | b. is not used for payment, consideration, gratuity or | |
564 | 1034 | benefit, directly or indirectly charged, demanded, | |
565 | 1035 | received or collected by any person for the use of the | |
566 | 1036 | aircraft or any photographic or video image produced | |
567 | 1037 | by the aircraft; | |
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568 | 1064 | ||
569 | 1065 | 17. "Municipality" means any incorporated city, village, or | |
570 | 1066 | town of this state and any county or political subdivision or | |
571 | 1067 | district in this state, or any public trust thereof, which is, or | |
572 | 1068 | may be, authorized by law to acquire, establish, construct, | |
573 | 1069 | maintain, improve, and operate airports, airstrips, vertiports, and | |
574 | 1070 | aeronautical navigation facilities; | |
575 | - | ||
576 | 1071 | 18. "Operation of aircraft " or "operate aircraft" means the | |
577 | 1072 | use, navigation or piloting of aircraft in the airspace over this | |
578 | 1073 | state or upon any airport within this state; | |
579 | - | ||
580 | 1074 | 19. "Person" means any individual, firm, partnership, | |
581 | - | corporation, company | |
1075 | + | corporation, company, association, joint stock association or body | |
582 | 1076 | politic and includes any trustee, receiver, assignee or other | |
583 | 1077 | similar representative thereof; | |
584 | - | ||
585 | 1078 | 20. "Primary commercial service airport " means an airport | |
586 | 1079 | meeting the current Federal Aviation Administration definition for | |
587 | 1080 | primary commercial service airport; | |
588 | - | ||
589 | 1081 | 21. "Reliever airport" means an airport designated by the | |
590 | 1082 | Federal Aviation Administration as a reliever airport and which | |
591 | 1083 | provides substantial capacity or instrument training relief to a | |
592 | 1084 | primary commercial service airport; | |
593 | - | ||
594 | 1085 | 22. "Resources" means services, facilities, funds, equipment, | |
595 | 1086 | property, personnel and such other act ivities as are customarily | |
596 | 1087 | included within the term; | |
1088 | + | 23. "State" or "this state" means the State of Oklahoma; | |
597 | 1089 | ||
598 | - | 23. "State" or "this state" means the State of Oklahoma; | |
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599 | 1115 | ||
600 | 1116 | 24. "Unmanned aircraft" means an aircraft, as defined in this | |
601 | 1117 | section, that is operated without the possibility of human | |
602 | 1118 | intervention from withi n or on the aircraft; and | |
603 | - | ||
604 | 1119 | 25. "Unmanned aircraft system " means an unmanned aircraft and | |
605 | 1120 | associated elements including communication links and components | |
606 | 1121 | that control the unmanned aircraft that are required for the pilot | |
607 | 1122 | in command to operate safely and ef ficiently in the National | |
608 | 1123 | Airspace System; | |
609 | - | ||
610 | 1124 | 26. "Vertiport" means an area of land, water , or structure used | |
611 | 1125 | or intended to be used for the landing and takeoff of VTOL aircraft; | |
612 | 1126 | and | |
613 | - | ||
614 | 1127 | 27. "VTOL aircraft" means an aircraft which has vertical | |
615 | 1128 | takeoff and landing capability. | |
616 | - | ||
617 | 1129 | SECTION 14. AMENDATORY 3 O.S. 2021, Section 85, as | |
618 | 1130 | amended by Section 5, Chapter 126, O.S.L. 2023 (3 O.S. Supp. 2023, | |
619 | 1131 | Section 85), is amended to read as follows: | |
620 | - | ||
621 | 1132 | Section 85. A. The Oklahoma Department of Aerospace an d | |
622 | 1133 | Aeronautics and its Executive Director acting under its authority is | |
623 | 1134 | empowered and directed to encourage, foster, and assist in the | |
624 | 1135 | development of aerospace and aeronautics in this state and to | |
625 | 1136 | encourage the establishment of airports, vertiports, and air | |
626 | - | navigation facilities. It shall cooperate with and assist the | |
1137 | + | navigation facilities. It shall cooperate with and assist the | |
627 | 1138 | federal government, the municipalities of this state, and other | |
628 | 1139 | persons in the development of aerospace and aeronautics, and shall | |
1140 | + | ||
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629 | 1167 | seek to coordinate the aeronautical activities of these bodie s and | |
630 | 1168 | persons. Municipalities are authorized to cooperate with the | |
631 | 1169 | Department in the development of aeronautics and aeronautical | |
632 | 1170 | facilities in this state. | |
633 | - | ||
634 | 1171 | B. The Department may organize and administer a voluntary | |
635 | 1172 | program of air-age education in cooperati on with the schools, | |
636 | 1173 | colleges, and for the general public, and may prepare and conduct | |
637 | 1174 | voluntary flight clinics for airmen and issue such bulletins and | |
638 | 1175 | publications as may be required. | |
639 | - | ||
640 | 1176 | C. The Department shall assist in all aeronautical matters | |
641 | 1177 | related to emergency management actions in conformance with federal | |
642 | 1178 | directions and with the Emergency Operations Plan of the state. | |
643 | - | ||
644 | 1179 | D. The Department may establish air markers throughout the | |
645 | 1180 | state. | |
646 | - | ||
647 | 1181 | E. The Department may purchase and in stall roadside signs | |
648 | 1182 | directing highway traffic to airports, subject to approval of the | |
649 | 1183 | State Transportation Commission. | |
650 | - | ||
651 | 1184 | F. The Department shall: | |
652 | - | ||
653 | 1185 | 1. Draft and recommend necessary legislation to advance the | |
654 | 1186 | interests of the state in aerospace and aeronautics; | |
655 | - | ||
656 | 1187 | 2. Represent the state in aeronautical matters before federal | |
657 | 1188 | agencies and other state agencies; and | |
658 | - | ||
659 | 1189 | 3. Participate as party plaintiff or defendant or as intervener | |
660 | 1190 | on behalf of the state or any municipality or citizen thereof in any | |
1191 | + | ||
1192 | + | SENATE FLOOR VERSION - HB3672 SFLR Page 24 | |
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661 | 1218 | proceeding which involves the interest of the state in aerospace or | |
662 | 1219 | aeronautics. | |
663 | - | ||
664 | 1220 | G. 1. The Department may, insofar as is reasonably possible, | |
665 | 1221 | make available its engineering and other technical services to any | |
666 | 1222 | municipality or person desiring them in connection with the | |
667 | 1223 | planning, acquisition, construc tion, improvement, maintenance, or | |
668 | 1224 | operation of airports , vertiports, or air navigation facilities. | |
669 | - | ||
670 | 1225 | 2. The Department may render financial assistance by grant or | |
671 | - | loan or both to any municipality or municipalities acting | |
1226 | + | loan or both to any municipality or municipalities acting joint ly in | |
672 | 1227 | the planning, acquisitio n, construction, improvement, maintenance, | |
673 | 1228 | or operation of an airport , vertiport, or air navigation facility | |
674 | 1229 | owned or controlled, or to be owned or controlled, by such | |
675 | 1230 | municipality or municipalities, out of appropriations or other | |
676 | 1231 | monies made available by the Legislature for such purposes. Such | |
677 | 1232 | financial assistance may be furnished in connection with federal or | |
678 | 1233 | other financial aid for the same purposes. | |
679 | - | ||
680 | 1234 | 3. The Department shall be designated as the agent of this | |
681 | 1235 | state or any political subdivision of this s tate for the purpose of | |
682 | 1236 | applying for, receiving, administering and disbursing federal funds | |
683 | 1237 | and other public monies for the benefit of general aviation | |
684 | 1238 | airports, except reliever airports, as may be available under | |
685 | 1239 | applicable federal law or other laws. If requested by a political | |
686 | 1240 | subdivision, the Department may act as its or their agent in | |
687 | 1241 | contracting for and supervising such planning, acquisition, | |
1242 | + | ||
1243 | + | SENATE FLOOR VERSION - HB3672 SFLR Page 25 | |
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1268 | + | ||
688 | 1269 | construction, improvement, maintenance, or operation; and all | |
689 | 1270 | political subdivisions are authorized to designa te the Department as | |
690 | 1271 | their agent for the foregoing purposes. The Department, as | |
691 | 1272 | principal on behalf of the state, may enter into any contracts with | |
692 | 1273 | the United States or with any person, which may be required in | |
693 | 1274 | connection with a grant or loan of federal m onies for municipal | |
694 | 1275 | airport, vertiport, or air navigation facility purposes. All | |
695 | 1276 | federal monies accepted under this section shall be accepted and | |
696 | 1277 | transferred or expended by the Department upon such terms and | |
697 | 1278 | conditions as are prescribed by the United Stat es. All monies | |
698 | 1279 | received by the Department pursuant to this section shall be | |
699 | 1280 | deposited in the Oklahoma Department of Aerospace and Aeronautics | |
700 | 1281 | Revolving Fund in the State Treasury and shall be paid out by the | |
701 | 1282 | Department in accordance with the terms and con ditions of any | |
702 | 1283 | agreement entered into under the provisions of this section. | |
703 | - | ||
704 | 1284 | H. 1. The Department is authorized on behalf of and in the | |
705 | 1285 | name of the state, out of appropriations and other monies made | |
706 | 1286 | available for such purpose s, to plan, zone, establish, c onstruct, | |
707 | 1287 | enlarge, improve, maintain, equip, operate, regulate, protect, and | |
708 | 1288 | police airports, vertiports, and air navigation facilities, either | |
709 | 1289 | within or without the state, including the construction, | |
710 | 1290 | installation, equipping, maintenance, and operation at such airports | |
711 | 1291 | of buildings and other facilities for the servicing of aircraft or | |
712 | 1292 | for the comfort and accommodation of air travelers. However, the | |
1293 | + | ||
1294 | + | SENATE FLOOR VERSION - HB3672 SFLR Page 26 | |
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713 | 1320 | regulatory authority shall not extend to any airman employed by, nor | |
714 | 1321 | to any aeronautics facility or aircraft under the exclusive | |
715 | 1322 | possession, operation, or control of, a person holding a certificate | |
716 | - | of public convenience and necessity issued by any agency of the | |
1323 | + | of public convenience and necessity issued by any agency of the | |
717 | 1324 | United States to operate as a common carrier by air of persons | |
718 | 1325 | and/or property in interstate commerce. For such purposes, the | |
719 | 1326 | Department may, by purchase, gift, devise, or lease, acquire | |
720 | 1327 | property, real or personal, or any interest therein , including | |
721 | 1328 | easements in aeronautical hazards or land outside the boundaries of | |
722 | 1329 | an airport or airport site, as are neces sary to permit safe and | |
723 | 1330 | efficient operation of the state airports or to permit the removal, | |
724 | 1331 | elimination, obstruction -marking or obstruction -lighting of airport | |
725 | 1332 | hazards, or to prevent the establishment of airport hazards. In | |
726 | 1333 | like manner, the Department may acquire existing airports , | |
727 | 1334 | vertiports, and air navigation facilities. However, the Department | |
728 | 1335 | shall not acquire or take over any airport , vertiport, or air | |
729 | 1336 | navigation facility owned or controlled by a municipality of this or | |
730 | 1337 | any other state without the c onsent of such municipality. The | |
731 | 1338 | Department may, by sale, lease, or otherwise, dispose of any such | |
732 | 1339 | property, airport, vertiport, air navigation facility, or portion | |
733 | 1340 | thereof or interest therein. The disposal, by sale, lease, or | |
734 | 1341 | otherwise, shall be in acco rdance with the laws of this state | |
735 | 1342 | governing the disposition of other property of the state, except | |
736 | 1343 | that, in the case of disposals to any municipality or state | |
1344 | + | ||
1345 | + | SENATE FLOOR VERSION - HB3672 SFLR Page 27 | |
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737 | 1371 | government or the United States for aeronautical purposes incident | |
738 | 1372 | thereto, the sale, lease, or other disposal may be effected in such | |
739 | 1373 | manner and upon such terms as the Department may deem in the best | |
740 | 1374 | interest of the state. | |
741 | - | ||
742 | 1375 | 2. All airports owned by the state shall be within the primary | |
743 | 1376 | jurisdiction of the Oklahoma Department of Aerospace and Aeronau tics | |
744 | 1377 | for purposes of design, development, and operation; provided, that | |
745 | 1378 | airports owned and operated by the Oklahoma Space Industry | |
746 | 1379 | Development Authority shall be exempt from such provisions, and | |
747 | 1380 | during the time of a national e mergency, the Air National Gua rd | |
748 | 1381 | shall be exempt from such provisions, and provided further, that any | |
749 | 1382 | airport owned by the state may be leased by the Department to a | |
750 | 1383 | public or private agency, as it may deem fit. | |
751 | - | ||
752 | 1384 | 3. Nothing contained in the Oklahoma Department of Aerospace | |
753 | 1385 | and Aeronautics Act shall be construed to limit any right, power, or | |
754 | 1386 | authority of the state or a municipality to regulate airport hazards | |
755 | 1387 | by zoning. | |
756 | - | ||
757 | 1388 | 4. The Department may exercise any powers granted by this | |
758 | 1389 | section jointly with any munic ipalities or with the United S tates. | |
759 | - | ||
760 | 1390 | 5. a. In operating an airport , vertiport, or air navigation | |
761 | - | facility owned or controlled by the state, the | |
1391 | + | facility owned or controlled by the state, the | |
762 | 1392 | Department may enter into contracts, leases, and other | |
763 | 1393 | arrangements for a term not exceeding twenty -five (25) | |
764 | 1394 | years with any persons granting the privilege of using | |
1395 | + | ||
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765 | 1422 | or improving such airport , vertiport, or air | |
766 | 1423 | navigation facility or any portion or facility thereof | |
767 | 1424 | or space therein for commercial purposes; conferring | |
768 | 1425 | the privilege of supplying goods, commodities, thi ngs, | |
769 | 1426 | services, or facilities a t such airport or air | |
770 | 1427 | navigation facility; or making available services to | |
771 | 1428 | be furnished by the Department or its agents at such | |
772 | 1429 | airport, vertiport, or air navigation facility. | |
773 | - | ||
774 | 1430 | In each such case, the Department may establish the | |
775 | 1431 | terms and conditions and fix the charges, rentals, or | |
776 | 1432 | fees for the privileges or services, which shall be | |
777 | 1433 | reasonable and uniform for the same class of | |
778 | 1434 | privileges or services and shall be established with | |
779 | 1435 | due regard to the property and improvements used a nd | |
780 | 1436 | the expenses of operation t o the state; provided, that | |
781 | 1437 | in no case shall the public be deprived of its | |
782 | 1438 | rightful, equal, and uniform use of the airport, | |
783 | 1439 | vertiport, air navigation facility or portion or | |
784 | 1440 | facility thereof. | |
785 | - | ||
786 | 1441 | b. The Department may by contract, lease, or other | |
787 | 1442 | arrangement, upon a consideration fixed by it, grant | |
788 | 1443 | to any qualified person for a term not to exceed | |
789 | 1444 | twenty-five (25) years the privilege of operating, as | |
790 | 1445 | an agent of the state or otherwise, any airport , | |
1446 | + | ||
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791 | 1473 | vertiport, or air navigation facili ty owned or | |
792 | 1474 | controlled by the state; provided, that no such person | |
793 | 1475 | shall be granted any authority to operate the airport , | |
794 | 1476 | vertiport, or air navigation facility other than as a | |
795 | 1477 | public airport, vertiport, or air navigation facility | |
796 | 1478 | or to enter into any contracts, leases, or other | |
797 | 1479 | arrangements in connection with the operation of the | |
798 | 1480 | airport, vertiport or air navigation facility which | |
799 | 1481 | the Department might not have undertaken under | |
800 | 1482 | subparagraph a of this paragraph. | |
801 | - | ||
802 | 1483 | c. To enforce the payment of any charges for re pairs to, | |
803 | 1484 | or improvements, sto rage, or care of, any personal | |
804 | 1485 | property made or furnished by the Department or its | |
805 | 1486 | agents in connection with the operation of an airport , | |
806 | - | vertiport, or air navigation facility owned or | |
1487 | + | vertiport, or air navigation facility owned or | |
807 | 1488 | operated by the state, the state shall have liens on | |
808 | 1489 | such property, which shall be enforceable by the | |
809 | 1490 | Department as provided by law. | |
810 | - | ||
811 | 1491 | 6. In accepting federal monies under this section, the | |
812 | 1492 | Department shall have the same authority to enter into contracts on | |
813 | 1493 | behalf of the state as is granted to the Department under paragraph | |
814 | 1494 | 3 of subsection G of this section with respect to federal monies | |
815 | 1495 | accepted on behalf of municipalities. All monies received by the | |
816 | 1496 | Department pursuant to this section shall be deposited in the | |
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817 | 1524 | Oklahoma Department of Aerospace and Aeronautics Revolving Fund i n | |
818 | 1525 | the State Treasury and shall be paid out of the Department Fund in | |
819 | 1526 | accordance with the terms and conditions of any agreement entered | |
820 | 1527 | into under the provisions of this section. | |
821 | - | ||
822 | 1528 | 7. The Department shall grant no exclusive righ t for the use of | |
823 | 1529 | any airport, vertiport, or air navigation facility under its | |
824 | 1530 | jurisdiction. This shall not be construed to prevent the making of | |
825 | 1531 | contracts, leases, and other arrangements pursuant to paragraph 5 of | |
826 | 1532 | this subsection. | |
827 | - | ||
828 | 1533 | I. The Department may enter into any contracts necess ary to for | |
829 | 1534 | the execution of the powers granted it by the Oklahoma Department of | |
830 | 1535 | Aerospace and Aeronautics Act. All contracts made by the | |
831 | 1536 | Department, either as the agent of the state or as the agent of any | |
832 | 1537 | municipality, shall be made pursuant to the laws o f the state | |
833 | 1538 | governing the making of like contracts. When the planning, | |
834 | 1539 | acquisition, construction, improvement, maintenance, or operation of | |
835 | 1540 | any airport, vertiport, or air navigation facility is financed | |
836 | 1541 | wholly or partially with federal monies, the Departm ent as agent of | |
837 | 1542 | the state or of any municipality may let contracts in the manner | |
838 | 1543 | prescribed by the federal authorities acting under the laws of the | |
839 | 1544 | United States and any rules or regulations made thereunder. | |
840 | - | ||
841 | 1545 | J. 1. The Oklahoma Aerospace and Aeronautics Commission, the | |
842 | 1546 | Executive Director, or any officer or employee of the Department | |
843 | 1547 | designated by it shall have the power to hold investigations, | |
1548 | + | ||
1549 | + | SENATE FLOOR VERSION - HB3672 SFLR Page 31 | |
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844 | 1575 | inquiries, and hearings concerning matters covered by the provisions | |
845 | 1576 | of the Oklahoma Department of Aerospace and A eronautics Act and the | |
846 | 1577 | rules, regulations, and orders of the Department. Hearings shall be | |
847 | 1578 | open to the public and shall be held upon such call or notice as the | |
848 | 1579 | Commission shall deem advisable. Each member of the Commission, the | |
849 | 1580 | Director, and every office r or employee of the Department designated | |
850 | 1581 | by it to hold any inquiry, investigation, or hearing shall have the | |
851 | - | power to administer oaths and affirmations, certify to all official | |
1582 | + | power to administer oaths and affirmations, certify to all official | |
852 | 1583 | acts, issue subpoenas, and order the attendance and testimony of | |
853 | 1584 | witnesses and the production of papers, books, and documents. In | |
854 | 1585 | case of the failure of any person to comply with any subpoena or | |
855 | 1586 | order issued under the authority of this subsection, or on the | |
856 | 1587 | refusal of any witness to testify to any mat ters regarding which he | |
857 | 1588 | or she may be lawfully interrogated, it shall be the duty of the | |
858 | 1589 | district court of any county or of the judge thereof, on application | |
859 | 1590 | of the Department or its authorized representative, to compel | |
860 | 1591 | obedience by proceedings for contempt, as in the case of | |
861 | 1592 | disobedience of the requirements of a subpoena issued from such | |
862 | 1593 | court or a refusal to testify therein. | |
863 | - | ||
864 | 1594 | 2. In order to facilitate the making of investigations by the | |
865 | 1595 | Department in the interest of public safety and promotion of | |
866 | 1596 | aeronautics, the public interest requi res, and it is therefore | |
867 | 1597 | provided, that the reports of investigations or hearings, or any | |
868 | 1598 | part thereof, shall not be admitted in evidence or used for any | |
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869 | 1626 | purpose in any suit, action, or proceeding growing out of any matter | |
870 | 1627 | referred to in the investigation, hearing, or report thereof, except | |
871 | 1628 | in case of any suit, action, or proceeding, civil or criminal, | |
872 | 1629 | instituted by or in behalf of the Department or in the name of the | |
873 | 1630 | state under the provisions of the Oklahoma Department of Aer ospace | |
874 | 1631 | and Aeronautics Act or other laws of the state relating to | |
875 | 1632 | aeronautics; nor shall any member of the Commission, or the | |
876 | 1633 | Executive Director, or any officer or employee of the Department be | |
877 | 1634 | required to testify to any facts ascertained in, or information | |
878 | 1635 | gained by reason of, such pe rson’s official capacity, or be required | |
879 | 1636 | to testify as an expert witness in any suit, action, or proceeding | |
880 | 1637 | involving any aircraft. Subject to the foregoing provisions, the | |
881 | 1638 | Department may in its discretion make available to a ppropriate | |
882 | 1639 | federal, state and municipal agencies information and material | |
883 | 1640 | developed in the course of its investigations and hearings. | |
884 | - | ||
885 | 1641 | K. 1. The Department is authorized to confer with or to hold | |
886 | 1642 | joint hearings with any agency of the United States in connection | |
887 | 1643 | with any matter arising under the Oklahoma Department of Aerospace | |
888 | 1644 | and Aeronautics Act or relating to the sound development of | |
889 | 1645 | aerospace and aeronautics. | |
890 | - | ||
891 | 1646 | 2. The Department is authorized to avail itself of the | |
892 | 1647 | cooperation, services, records, and fac ilities of the agencies of | |
893 | 1648 | the United States as fully as may be practicable in the | |
894 | 1649 | administration and enforcement of the Oklahoma Department of | |
895 | - | Aerospace and Aeronautics Act. The Department shall furnish to the ENR. H. B. NO. 3672 Page 21 | |
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1677 | + | Aerospace and Aeronautics Act. The Department shall furnish to the | |
896 | 1678 | agencies of the United States its cooperation, services, records, | |
897 | 1679 | and facilities, insofar as may be practicable. | |
898 | - | ||
899 | 1680 | 3. The Department shall report to the appropriate agency of the | |
900 | 1681 | United States all accidents in aeronautics in this state of which it | |
901 | 1682 | is informed and shall, insofar as is practicable, pre serve, protect, | |
902 | 1683 | and prevent the removal of the component parts of any aircraft | |
903 | 1684 | involved in an accident being investigated by it until the federal | |
904 | 1685 | agency institutes an investigation. | |
905 | - | ||
906 | 1686 | L. The Department may organize and administer an aerospace | |
907 | 1687 | education program in cooperation with univer sities, colleges and | |
908 | 1688 | schools for the general public. The Department may also plan and | |
909 | 1689 | act jointly in a cooperative aviation research or high technology | |
910 | 1690 | program. As part of these programs, the Department may issue | |
911 | 1691 | aviation communication films and publicat ions. | |
912 | - | ||
913 | 1692 | M. The Department shall administer an airport inspection | |
914 | 1693 | program for all public -use airports within this state. The | |
915 | 1694 | inspection program shall occur on a three -year cycle and shall be | |
916 | 1695 | administered by the Oklahoma Department of Aerospace and | |
917 | 1696 | Aeronautics. Airport owners, including individuals and | |
918 | 1697 | municipalities, shall provide access to airport facilities for | |
919 | 1698 | conducting the inspections. The Department shall provide a written | |
920 | 1699 | report to each public -use airport detailing the findings of such | |
921 | 1700 | inspections. | |
922 | 1701 | ||
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923 | 1728 | SECTION 15. AMENDATORY 3 O.S. 2021, Section 421, as last | |
924 | 1729 | amended by Section 15, Chapter 365, O.S.L. 2023 (3 O.S. Supp. 2023, | |
925 | 1730 | Section 421), is amended to read as follows: | |
926 | - | ||
927 | 1731 | Section 421. A. The Oklahoma Department of Aerospace and | |
928 | 1732 | Aeronautics is hereby established as the clearinghouse for unmanned | |
929 | 1733 | aircraft systems (UAS) and advanced air mobility (AAM) in this state | |
930 | 1734 | and shall be designated as the agency of this state for the | |
931 | 1735 | promotion, enhancement and deve lopment of UAS and AAM as well as any | |
932 | 1736 | associated infrastructure necessary to ensure the safe integration | |
933 | 1737 | and use of this new technology within the state. The purpose of | |
934 | 1738 | this clearinghouse is to create a partnership between those entities | |
935 | 1739 | that currently operate UAS, those that desire t o use this technology | |
936 | 1740 | in the future and other entities that can support the research and | |
937 | 1741 | development of UAS to ensure that this state can more effectively | |
938 | 1742 | respond to the needs of this critical sector of the aviation and | |
939 | 1743 | aerospace industry. In the operatio n of this clearinghouse, the | |
940 | - | Department shall cooperate, assist and | |
1744 | + | Department shall cooperate, assist and coordinate with the federal | |
941 | 1745 | government, agencies of this state, tribal entities, municipalities | |
942 | 1746 | and other persons in the development of unmanned aircraft systems | |
943 | 1747 | throughout the state to en sure the acceptance of this technology and | |
944 | 1748 | the successful integration of UAS into the National Airspace System. | |
945 | 1749 | Contingent upon the availability of funds, the Oklahoma Department | |
946 | 1750 | of Aerospace and Aeronautics may use establish ed program processes | |
947 | 1751 | or may contract with other qualified entities to carry out the | |
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948 | 1779 | duties and responsibilities of the Unmanned Aircraft Systems | |
949 | 1780 | Development Act of 2021. | |
950 | - | ||
951 | 1781 | B. The primary goal of the clearinghouse within the Department | |
952 | 1782 | is to establish a central point within state governm ent to develop | |
953 | 1783 | the strategy for how this state can become a leader in the UAS and | |
954 | 1784 | AAM industry. It will focus the collective resources, knowledge, | |
955 | 1785 | information and assets within state government to ensure coordinated | |
956 | 1786 | efforts amongst all parties. The clear inghouse will: | |
957 | - | ||
958 | 1787 | 1. Conduct research on what other states and localities are | |
959 | 1788 | doing insofar as their UAS rules and regulations so that it can | |
960 | 1789 | provide recommendations to ensure this state is in the best position | |
961 | 1790 | within the industry; | |
962 | - | ||
963 | 1791 | 2. Organize and coordinat e the application for any UAS and AAM | |
964 | 1792 | test site, integration opportunity, pilot program or grant funding | |
965 | 1793 | on behalf of this state; | |
966 | - | ||
967 | 1794 | 3. Maintain a registry of UAS being operated by state agencies, | |
968 | 1795 | except those UAS that are part of a university-affiliated research | |
969 | 1796 | program; and | |
970 | - | ||
971 | 1797 | 4. Maintain a registry of educational institutions that offer | |
972 | 1798 | training programs for users of UAS ; and | |
973 | - | ||
974 | 1799 | 5. Investigate the development of and , if necessary, create a | |
975 | 1800 | statewide system plan that will provide the framework for the | |
976 | 1801 | construction, development, siting, and potential partnerships | |
977 | 1802 | required for vertiports and other infrastructure needed to integrate | |
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978 | 1830 | AAM and UAS into the existing air transportation system of the | |
979 | 1831 | state. | |
980 | - | ||
981 | 1832 | C. The Department is authorized t o enter into partnerships with | |
982 | 1833 | any city or town of this state and any county or political | |
983 | 1834 | subdivision or district of this state, or any public trust thereof, | |
984 | 1835 | for the purpose of investing in and operating infrastructure and any | |
985 | - | other items necessary to safely and effectively integrate | |
1836 | + | other items necessary to safely and effectively integrate A AM and | |
986 | 1837 | UAS into the existing air transportation system of the state as well | |
987 | 1838 | as the testing and development of these new aeronautical | |
988 | 1839 | technologies. | |
989 | - | ||
990 | 1840 | SECTION 16. This act shall become effective November 1, 2024. | |
991 | - | ENR. H. B. NO. 3672 Page 24 | |
992 | - | Passed the House of Representatives the 5th day of March, 2024. | |
993 | - | ||
994 | - | ||
995 | - | ||
996 | - | ||
997 | - | Presiding Officer of the House | |
998 | - | of Representatives | |
999 | - | ||
1000 | - | ||
1001 | - | ||
1002 | - | Passed the Senate the 15th day of April, 2024. | |
1003 | - | ||
1004 | - | ||
1005 | - | ||
1006 | - | ||
1007 | - | Presiding Officer of the Senate | |
1008 | - | ||
1009 | - | ||
1010 | - | ||
1011 | - | OFFICE OF THE GOVERNOR | |
1012 | - | Received by the Office of the Governor this ____________________ | |
1013 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1014 | - | By: _________________________________ | |
1015 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
1016 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1017 | - | ||
1018 | - | ||
1019 | - | _________________________________ | |
1020 | - | Governor of the State of Oklahoma | |
1021 | - | ||
1022 | - | OFFICE OF THE SECRETARY OF STATE | |
1023 | - | Received by the Office of the Secretary of State this __________ | |
1024 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1025 | - | By: _________________________________ | |
1841 | + | COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION | |
1842 | + | April 9, 2024 - DO PASS |