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ENGROSSED SENATE
BILL NO. 912 By: Rosino and Haste of the
Senate
and
Archer of the House
[ Oklahoma Aerospace and Aeronautics Commission -
appointing authority - qualifications - Board of
Directors of the Oklahoma Space Industry Development
Authority - contract - chief executive officer –
repealer - recodification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 O.S. 2021, Section 84, as
amended by Section 3, Chapter 12 6, O.S.L. 2023 (3 O.S. Supp. 2024,
Section 84), is amended to read as follows:
Section 84. A. There is hereby created the Oklahoma Aerospace
and Aeronautics Commission, which shall be the successor to the
Oklahoma Aviation Commission created by Section 8 1 et seq. of this
title. The Oklahoma Aerospace and Aeronautics Commission shall
consist of seven (7) nine (9) members, who seven of whom shall be
appointed by the Governor and who shall continue in office, as
designated by the Governor at the time of app ointment, through the
last day of the second, third, fourth, fifth, sixth, and seventh
calendar years, respectively, following the passage of Section 81 et
seq. of this title, with the initial seventh member remaining in
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office until the end of the calenda r year 1979, one of whom shall be
appointed by the President Pro Tempore of the Senate, and one of
whom shall be appointed by the Speaker of the House of
Representatives. The successors of the members initially appointed
shall be appointed for terms of si x (6) years in the same manner as
the members originally appointed under Section 81 et seq. of this
title, except that any person appointed to fill a vacancy shall be
appointed only for the remainder of such term. Each member shall
serve until the appoint ment and qualification of a successor. One
member shall be appointed from each congress ional district and any
remaining members shall be appointed from the state at large.
However, when congressional districts are redrawn , each member
appointed prior to July 1 of the year in which such modification
becomes effective shall complete the current term of office and
appointments made after July 1 of the year in which such
modification becomes effective shall be based on the redrawn
districts. Appointments made after July 1 of the year in which such
modification becomes effective shall be from an y redrawn districts
which are not represented by a board member until such time as each
of the modified congressional districts are represented by a board
member. No appointments may be made after July 1 of the year in
which such modification becomes effective if such appointment would
result in more than two members serving from the same modified
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district. To qualify for appointment to the Commission, an
appointee shall have the following minimum qualifications:
1. A be a citizen and bona fide resident of the state; and
2. Three. The seven (7) members appointed by the Governor
shall have at least three (3) years’ experience in aeronautical
activities, such as genera l aviation, agricultural aviation, airport
management, or air carrier operation. The two members appointed by
the President Pro Tempore of the Senate and the Speaker of the House
of Representatives shall have at least three (3) years ’ experience
in the commercial space industry, a state or federal space agency,
or administration.
Members of the Commission shall receive no salary but shall be
entitled to be reimbursed for necessary travel expenses pursuant to
the State Travel Reimbursement Act. The members of the Commission
may be removed by the Governor for inefficiency, neglect of duty, or
malfeasance in office in the manner provided by law for the removal
of officers not subject to impeachment.
B. 1. The Director of the Oklahoma Department of Aerospace and
Aeronautics shall be appointed by the Commission, and shall serve at
the pleasure of the Commission. The Director shall be appointed
with due regard to such person ’s fitness, by aeronautical education
and by knowledge of and recent practical experien ce in aeronautics
for the efficient dispatch of the powers and duties duly vested in
and imposed upon the Director. The Director shall devote full time
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to the duties of the office and shall not be actively engaged or
employed in any other business, vocati on, or employment, nor shall
the Director have any pecuniary interest in or any stock in or bonds
of any civil aeronautics enterprise. The Director shall be
reimbursed for all traveling and other expenses incurred in the
discharge of the official duties o f the Director, subject to general
statutory limitations on such expenses as contained in the State
Travel Reimbursement Act.
2. The Director shall be the executive officer of the
Department and under its supervision shall administer the provisions
of Section 81 et seq. of this title and rules, regulations, and
orders established thereunder and all other laws of the state
relative to aeronautics. The Director shall attend all meetings of
the Commission, but shall have no vote. The Director shall be in
charge of the offices of the Department and responsible for the
preparation of reports and the collection and dissemination of data
and other public information relating to aerospace and aeronautics.
The Director is hereby empowered to execute all contracts entered
into by the Commission.
3. The Commission may, by written order filed in its o ffice,
delegate to the Director any of the powers or duties vested in or
imposed upon it by Section 81 et seq. of this title. Such delegated
powers and duties may be e xercised by the Director in the name of
the Commission.
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4. The Director shall appoint, subject to the approval of the
Commission, such experts, field and office assistants, clerks, and
other employees as may be required and authorized for the proper
discharge of the functions of the Department.
C. The Commission shall, within thirty (30) da ys after its
appointment, organize, adopt a seal, and make such rules and
regulations for its administration, not inconsistent herewith, nor
inconsistent with, or contr ary to, any act of the United States
Congress of the United States or regulations promulgated or
standards established pursuant thereto, as it may deem expedient and
from time to time amend such rules and regulations. At such
organizational meeting it sha ll elect from among its members a
chair, a vice chair, and a secretary, to serve for one (1) year, and
annually thereafter shall elect such officers, all to serve until
their successors are appointed and qualified. The Commission shall
schedule meetings at a convenient time and place as they become
necessary. Four (4) Five members shall constitute a quorum, and no
action shall be taken by less than a majority of the Commission.
Special meetings may be called as provided by the rules and
regulations of the Commission. Regular meetings shall be held at
the established offices of the Departme nt, but, whenever the
convenience of the public or of the parties may be promoted, or
delay or expense may be prevented, the Commission may hold meetings,
hearings, or proceedings at any other place designated by it. The
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Department shall report in writing to the Governor on or about
January 31 of each year. The report shall contain a summary of the
proceedings of the Department during the preceding fiscal year, a
detailed and itemized statement of all revenue and of all
expenditures made by or on behalf o f the Department, such other
information as it may deem necessary or useful, and any additional
information which may be requested by the Governor.
D. Suitable office space shall be provided by the Office of
Management and Enterprise Services for the Department in the City of
Oklahoma City, and the Department may incur the necessary expense
expenses for office rent, furniture, stationery, printing,
incidental expenses, and other necessary expenses needed for the
administration of Section 81 et seq. of this title.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 5202, is
amended to read as follows:
Section 5202. As used in this act the Oklahoma Space Industry
Development Act:
1. “Authority” means the Oklahoma Space Industry Development
Authority as authorized to be created by this act the Oklahoma Space
Industry Development Act ;
2. “Board” or “Board of Directors” means the governing body of
the Authority as authorized to be created in Section 7 5207 of this
act title;
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3. “Bonds” means revenue bonds or other obligations issued by
the Authority for the purpose of financing its projects;
4. “Commission” means the Oklahoma Aerospace and Aeronautics
Commission;
5. “Complementary activity ” means any space business incubator,
space tourism activity, or space -related research and development;
5. 6. “Cost” means all costs, fees, charges, expenses , and
amounts associated with the development of projects under the
Oklahoma Space Industry Development Act by the Authority;
7. “Department” means the Oklahoma Department of Aerospace and
Aeronautics;
6. 8. “Federal aid” means any funding or other financial
assistance provided by the federal government to the Aut hority for
its projects;
7. 9. “Financing agreement” means a lease, lease -purchase
agreement, lease with option to purchase, sale or installment sale
agreement, whether title passes in whole or in part at any time
prior to, at, or after completion of the project, loan agreement, or
other agreement forming the basis for the financing under this act
the Oklahoma Space Industry Development Act , including any
agreements, guarantees, or security instruments forming part of or
related to providing assurance of p ayment of the obligations under
such financing agreement;
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8. 10. “Landing area” means the geographical area designated by
the Authority within or outside any spaceport territory for or
intended for the landing and surface maneuvering of any launch or
other space vehicles;
9. 11. “Launch pad” means the launch pad or pads or spacecraft
launch structure used by the spaceport or spaceport user for
launching of space vehicles;
10. 12. “Payload” means all property and cargo to be
transported aboard any vehicle launched or flown, by or from any
spaceport;
11. 13. “Person” means individuals, children, firms,
associations, joint ventures, partnerships, estates, trusts,
business trusts, syndicates, fiduciaries, corporations, nations,
federal, state, or local governments, government or other agencies,
subdivisions of the state, municipalities, countie s, business
entities, and all other groups or combinations;
12. 14. “Project” means any development, improvement, property,
launch, utility, facility, system, works, r oad, sidewalk,
enterprise, service, or convenience sponsored or promoted by the
Authority and conducted or performed from any spaceport territory;
13. 15. “Range” means the geographical area designated by the
Authority or other appropriate body as the are a for the launching of
space vehicles, rockets, missiles, launch vehicles, shuttles,
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satellites, and other vehicles designed to reach high altitudes,
suborbital and orbital, or possessing space flight capacity;
14. 16. “Recovery” means the recovery of spa ce vehicles and
payload or payloads which have been launched from or by any
spaceport;
15. 17. “Spaceport” means any area of land or water, or any
man-made object or facility located therein, developed by the
Authority under this act the Oklahoma Space In dustry Development Act
and located within spaceport territory, which area is intended fo r
public use, or for the launching, takeoff and landing of spacecraft
and aircraft; such areas may include appurtenant areas which are
used or intended for public use, for spaceport buildings or other
spaceport facilities or for rights -of-way, or any space facility,
space propulsion system, or station of any kind possessing space
flight capacity;
16. 18. “Spaceport system” means the organizations and
infrastructure developed by the Authority for the development of
spaceports and the commercialization of th e space industry;
17. 19. “Spaceport territory” means the site of any launch pad
and the geographic area contiguous thereto as determined by the
Authority to be necess ary to protect the area from health and safety
hazards from the operation of the spaceport, but not to exceed the
geographic areas designated in Section 13 5213 of this act title and
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as amended or changed in accordance with Section 20 5220 of this act
title; and
18. 20. “Spaceport user” means any person that uses the
facilities or services o f any spaceport. For the purposes of any
exemptions or rights granted hereafter, the spaceport user shall be
deemed a spaceport user only during the time period in whi ch the
person actually uses any spaceport, and such rights and exemptions
shall be granted with respect to transactions relating to spaceport
projects only.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 5204, is
amended to read as f ollows:
Section 5204. Subject to the requirements of Section 5206 of
this title, the Oklahoma Space Industry Development Authority is
hereby granted, has, and may exercise all powers necessary to carry
out and effectuate its purpose the purposes of the Ok lahoma Space
Industry Development Act , including, but not limited to, the
following:
1. Sue and be sued by its name in any court of competent
jurisdiction;
2. Adopt and use an official seal and alter the same at
pleasure;
3. Make and execute any and all contracts and other instruments
necessary or convenient to the exercise of its powers;
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4. Issue revenue bonds or other obligations as authorized by
the provisions of this act the Oklahoma Space Industry Development
Act or any other law, or any combinatio n of the foregoing, to pay
all or part of the cost of the acquisition, construction,
reconstruction, extension, repair, improvement, maintenance or
operation of any project or combination of projects, to provide for
any facility, service or other activity of the Authority and to
provide for the retirement or refunding of any bonds or obligati ons
of the Authority, or for any combination of the foregoing purposes;
5. Acquire property, real, personal, intangible, tangible, or
mixed, in fee simple or any lesse r interest or estate, by purchase,
gift, devise, or lease, on such terms and conditions as the
Authority may deem necessary or desirable, and sell or otherwise
dispose of the same and of any of the assets and properties of the
Authority;
6. Lease as lessor or lessee to or from any person, public or
private, any facilities or property of any nature for the use of the
Authority and to carry out any of the purposes of the Authority;
7. Subject to the limitations prescribed by Section 5210 of
this title, acquire by condemnation land and such interest therein
as may be necessary in its determination for the purpose of
establishing, constructing, maintaining, or operating a spaceport;
8. Own, acquire, construct, develop, create, reconstruct,
equip, operate, maintain, extend, and improve launch pads, landing
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areas, ranges, payload assembly building s, payload processing
facilities, laboratories, space business incubators, launch
vehicles, payloads, space flight hardware, facilities and equipment
for the construction of payloads, space flight hardware, rockets,
and other launch vehicles, and spaceport facilities and systems,
including educational, recreational, cultural, and other space -
related initiatives;
9. Undertake a program of advertising to the public and
promoting the businesses, facilities , and attractions within any
spaceport territory or at any spaceport and the projects of the
Authority, and expend monies and undertake such activities to carry
out such advertising and promotional programs as the Board of
Directors from time to time may determine;
10. Own, acquire, construct, reconstruct, equip, operate,
maintain, extend, and improve transportation facilities appropriate
to meet the transportation requirements of the Authority and
activities conducted wit hin a spaceport territory;
11. Own, acquire, construct, reconstruct, equip, operate,
maintain, collect fees for services provided, extend , and improve
public utilities within a spaceport territory, including the
following: electric power plants, transmis sion lines and related
facilities, gas mains and facilities of any nature for the
production or distribution of natural gas or hydrogen, telephone
lines and related plants and systems, other communication systems of
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any nature including closed -circuit, cable television and computer
systems, transmission lines and related facilities and plants , and
facilities for the generation and transmission of power; and
purchase electric power, natural gas , and other sources of power for
distribution within any spacepor t territory;
12. Own, acquire, construct, reconstruct, equip, operate,
maintain, collect fees for services provided, extend , and improve
within any spaceport territory water systems and sewer systems or
combined water and sewer systems; regulate the use o f sewers, septic
tanks and other sanitary structures and appliances, and the supply
of water within any spaceport; and regulate the pretreatment of
waste and sell or otherwise dispose of the effluent, sludge, or
other by-products as a result of sewage trea tment;
13. Own, acquire, construct, reconstruct, equip, operate,
maintain, collect fees for services provided, extend , and improve
waste collection, recycling and disposal systems, and to sell,
recycle or otherwise dispose of any effluent, residue or othe r by-
products of such systems consistent with the laws of the state;
14. Adopt a plan of reclamation, and own, acquire, construct,
reconstruct, equip, operate, maintain, extend , and improve canals,
ditches, drains, dikes, levees, pumps, plants and pumping systems,
and other works for drainage purposes, and irrigation works,
machinery and plants;
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15. Own, acquire, construct, reconstruct, equip, operate,
maintain, extend, and improve water and flood control facilities and
regulate the supply and level of wa ter within any spaceport
territory which may include diverting waters from one area or b ody
of water to another, regulating, controlling or restricting the
development and use of natural and artificial streams or bodies of
water, lakes or ponds, and taking all measures determined by the
Authority to be necessary or desirable to prevent or alleviate land
erosion; provided, in exercising any of its powers pertaining to the
use, control, or diversion of water, the Authority is subject to all
permitting requirements and procedures of the Oklahoma Water
Resources Board as set forth by law or by rul e of the Board; and
16. Own, acquire, construct, reconstruct, equip, operate,
maintain, collect fees for services provided, extend , and improve
public safety facilitie s for any spaceport, including police station
stations, police vehicles, medical facilities, fire stations, water
mains and plugs, fire trucks , and other vehicles and equipment; hire
employees, police officers , and fire fighters; and undertake such
works and construct such facilities determined by the Board to be
necessary or desirable to pro mote and ensure public safety within
any spaceport territory.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 5205, is
amended to read as follows:
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Section 5205. A. The Oklahoma Space Industry Development
Authority, in effectuating the purposes of the Oklahoma Space
Industry Development Act, shall be subject to the Administrative
Procedures Act, the Oklahoma Open Meeting Act, and the Oklahoma Open
Records Act, except as provided in subsection B of this section.
B. Any information held by the Authority which is a trade
secret, as defined in the Uniform Trade Secrets Act, including trade
secrets of the Authority, any spaceport user, or the space indu stry,
is confidential and may not be disclosed. If the Authority
determines that any information requested by the public will reveal
a trade secret, it shall, in writing, inform the person making the
request of that determination. The Authority may hold executive
sessions, as authorized by the Oklahoma Open Meeting Act, when trade
secrets are discussed, and any minutes, recordings, or notes from
such sessions are deemed confidential.
C. The Authority shall be granted sovereign immunity in the
same manner as this state, and the liability of the Authority and
its members, officers, and employees shall be governed by the
provisions of the The Governmental Tort Claims Act. Provided,
however, the Authority is authorized to carry liability insurance to
the extent authorized by the Authority.
D. The Authority, in executing the purposes of the Okl ahoma
Space Industry Development Act, shall be exempt from the provisions
of the Public Competitive Bidding Act of 1974 and the competitive
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bidding provisions set forth in Section 85.7 of Title 74 of the
Oklahoma Statutes this title.
SECTION 5. AMENDATORY 74 O.S. 2021, Section 520 7, as
amended by Section 1, Chapter 222, O.S.L. 2023 (74 O.S. Supp. 2024,
Section 5207), is amended to read as follow s:
Section 5207. A. Subject to the provisions of Section 5206 of
this title, there is created within the Oklahoma Space Industry
Development Authority, the Board of Directors consisting of seven
(7) members who shall be appointed by the Governor with adv ice and
consent of the Senate. All but one Board member shall be a resident
of this state. Each member appointed to serve on the Board shall
have experience in the aerospace or commercial space industry or
finance, or have other significant relevant expe rience.
B. 1. Initially, the Governor shall appoint four members for
terms of three (3) years and three members for terms of four (4)
years. Thereafter, each member shall serve a term of four (4) years
or until a successor is appointed and qualified. I nitial
appointments shall be made no later than sixty (60) days after the
motion to activate the Authority is memorialized pursuant to Section
5206 of this title. The term of the members shall commence on the
date of appointment and terminate on June 30 o f the year of the end
of the term. No member shall serve on the Board for more than thr ee
full four-year terms. Except as prohibited by the Oklahoma
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Constitution, appointment to the Board shall not preclude any member
from holding any other private or pu blic position.
2. An appointment to fill a vacancy in a member ’s office shall
be made by the Governor for the unexpired portion of the term of the
member who vacated that office. An appointment to complete an
unexpired term shall not count toward three f ull four-year terms.
C. The Governor has the authority to remove from the Board any
member in the manner and for cause as defined by the laws of this
state and applicable to situations which may arise before the Board.
Unless excused by the chair of the Board, a member’s absence from
two or more consecutive Board meetings creates a vacancy in the
office to which the member was appointed.
D. The Governor shall designate a member to serve as chair of
the Board who, if such person remains a member of the Bo ard, shall
serve as chair until the expiration of the three -year terms of those
members of the Board appointed initially for three -year terms. Each
subsequent chair shall be selected by the Board members and shall
serve a two-year term.
E. 1. The Board shall hold its initial meeting no later than
twenty (20) days after the members have been appointed. Meetings
shall be held quarterly or more frequently at the call of the chair.
A majority of the members on the Board shall constitute a quorum,
and a majority vote of the members present is necessary for any
action taken by the Board.
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2. At its initial meeting, or as soon thereafter as is
practicable, the Board shall appoint a chief executive officer who
shall serve at the pleasure of the Board. A member of the Board may
be appointed as chief executive officer; provided, if a member of
the Board is so appointed, the member shall resign as a member of
the Board and the vacancy shall be filled as provided in paragraph 2
of subsection B of this section. The Board shall determine the
annual salary of the chief executive officer. On and after the
effective date of this act, the Oklahoma Aerospace and Aeronautics
Commission of the Oklahoma Department of Aerospace and Aeronautics
shall become the Board of Direc tors of the Oklahoma Space Industry
Development Authority. The qualifications and terms of office of
the Board members shall be identical to the qualifications and terms
of office of the Commission members. On and after the effective
date of this act, pe rsons currently appointed to the Commission
shall also become members of the Board. The funds of the Department
and the Authority shall not be commingled and shall be separately
accounted for, and they shall be considered and treated as separate
legal entities.
F. B. Each member shall be reimbursed for expenses incurred in
the performance of duties on behalf of the Authority as provided for
in the State Travel Reimbursement Act.
G. C. Before the issuance of any revenue bonds under the
provisions of the Oklahoma Space Industry Development Act, each
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member of the Board shall execute a surety bond in the penal sum of
Twenty-five Thousand Dollars ($25,000.00). Each such surety bond
shall be conditioned upon the faithful performance of the duties of
the member’s office, shall be executed by a surety company
authorized to transact business in the State of Oklahoma this state
as surety, and shall be filed in the office Office of the Secretary
of State.
D. All personnel of the Authority are hereby transferred to the
Department and shall become employees of the Department. In order
to carry out the mission of the Authority, the Board shall enter
into an agreement with the Oklahoma Department of Aerospace and
Aeronautics to provide the Authority’s administrative a nd staff
services. The Board may elect to replace or merge any existing
contract for services that the Authority has with an existing
contract that the Oklahoma Department of Aerospace and Aeronautics
has to provide administrative efficiency ; provided, that such
contract is for the same or similar service and the funds expended
by each entity can be accounted for.
E. The Director of the Oklahoma Department of Aerospace and
Aeronautics shall serve as the chief executive officer of the
Oklahoma Space Indust ry Development Authority.
SECTION 6. AMENDATORY 74 O.S. 2021, Section 5208.1, is
amended to read as follows:
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Section 5208.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Space Industry Developme nt Authority
to be designated the “Oklahoma Space Industry Development Authority
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Authority from private and publi c donations, contributions,
gifts, and any monies appropriated or directed by law to be
deposited thereto. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Authority for the purpose of creating, operating, staffing and
maintaining an Oklahoma Space Industry Development Authority
carrying out the provisions of the Oklahoma Space Industry
Development Act, and any legitimate expenses of the Authority in the
execution of such provisions . Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
SECTION 7. AMENDATORY 74 O.S. 2021, Section 5209, is
amended to read as follows:
Section 5209. The powers and duties of the Oklahoma Space
Industry Development Authority to carry out the provisions of the
Oklahoma Space Industry Development Act shall be exercised by and
through the Board of Directors. Without limiting the generality of
the foregoing, the Board shall have the power and authority to:
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1. Adopt, amend, and repeal rules to carry out the purposes of
this act the Oklahoma Space Industry Development Act ;
2. Maintain an office at such place or places as it may
designate;
3. Execute all contracts an d other documents necessary or
desirable to carry out the purposes of this act the Oklahoma Space
Industry Development Act ; provided, the Board may authorize one or
more members of the Board to execute contracts and other documents
on behalf of the Board or the Authority;
4. 3. Hire employees, including a person to act as the chief
executive officer of the Authority with such duties and power as the
Board may prescribe and designate up to five positions as being in
the unclassified service ;
5. 4. Contract for the services of attorneys, underwriters or
other financial professionals for the purpose of issuing and
marketing the obligations of the Authority, notwithstanding the
provisions of Section 18c of Title 74 of the Oklahoma Statutes this
title;
6. 5. Engage in the planning for spaceports and the spaceport
system;
7. 6. Execute intergovernmental agreements as provided by law;
8. 7. Establish reserve funds for future Board operations;
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9. 8. Enter into agreements for the joint development of
properties necessary or convenient for, the operation of spaceports
and the spaceport system; and
10. 9. Prepare an annual report of operations.
SECTION 8. AMENDATORY 74 O.S. 2021, Section 5219, is
amended to read as follows:
Section 5219. A. Except as provided in subsection B of this
section, in addition to other powers granted by this act the
Oklahoma Space Industry Development Act , for the purposes o f
operating, maintaining, and providing for the safety of a spaceport
the Board of Directors shall have the power within any spaceport
territory to:
1. Regulate, restrict and determine the location, height,
number of stories, size, cubic contents, area an d design, and the
erection, construction, reconstruction, alteration and repair of
buildings and other structures for space industry development,
trade, industry, commerce, residence and other purposes, and the
materials used in the construction thereof; t he number, location,
height, size, appearance and use of billboards and all other
advertising signs, banners, handbills and devices; the percentage
and portion of lots and land that may be occupied or built on;
setback lines; the density of population; the use of buildings,
structures, land and water for trade, industries, commerce, and
residences and any and all other purposes; the location, size and
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plan of spaceport facilities, launch pads, ranges, payload assembly
and processing facilities, parks and re creational areas, commercial
and industrial facilities, public and private utilities, tr affic,
parking facilities and drainage and water control facilities; and to
appoint inspectors;
2. Adopt rules to prohibit or control the pollution of air and
water, and to require certain location and placement of electrical
power, telephone and other utility lines, cables, pipes , and ducts;
and
3. Divide any spaceport territory into zones or districts of
such number, shape and area as the Board may deem best suited t o
carry out the purposes of this act the Oklahoma Space Industry
Development Act, and within and for each such district adopt rules
and restrictions as provided for in this section.
B. The Authority may not exercise any of its powers as provided
for in this section in a manner that prohibits:
1. The agricultural use of land that is located within a
spaceport territory and is not acquired by the Authority under the
provisions of Section 5210 of this title;
2. Continued access to water for such land for ag ricultural
purposes; and
3. The erection of outbuildings and personal residences on suc h
land, subject to population density restrictions prescribed by the
Authority to comply with federal requirements for licensure as a
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spaceport; provided, erection of p ersonal residences shall not
include subdivision of land for the purpose of constructing and
selling houses.
SECTION 9. AMENDATORY 74 O.S. 2021, Section 5220, is
amended to read as follows:
Section 5220. A. The Board of Director s may at any time strike
out or correct the description of any land within or claimed to be
within the boundary lines of any spaceport territory upon the
consent and writing of the owners of all the land that would be
included or excluded from the boundary lines of any spaceport
territory or otherwise affected by the taking of such action, and of
the owners of not less than the majority in acreage of all lands
within any spaceport territory. The Board may enlarge the
geographical limits of any spaceport te rritory to include lands not
then within any spaceport territory as follows:
1. Upon the written consent of the simple majority of owners of
all the land to be included in any spaceport territory and of not
less than a majority in acreage of all the land then within any
spaceport territory; or
2. By resolution of the Board approved at a special election
called for such purpose, by vote of a majority of landowners
residing within the area to be annexed and a majority of landowners
residing within any space port territory.
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B. The Board may contract the geographical limits of any
spaceport territory so as to exclude from any spaceport territory
any land then within any spaceport territory as follows:
1. Upon the written consent of the owners of all of the la nd to
be so excluded and of the owners of not less than a majority in
acreage of all the land within any spaceport territory;
2. By resolution of the Board approved at a special election
called for any purposes, by vote of a majority of landowners
residing within the area to be excluded and a majority of the
landowners residing within any sp aceport territory; or
3. By resolution of the Board approved by the owners of not
less than a majority in acreage of the land within the spaceport
territory.
C. Any owner of land located within the geographic limits of
the spaceport territory may within ninety (90) days following the
initial meeting of the Board, held pursuant to Section 7 of this
act, make written application to the Board to have the land of such
owner excluded from the boundaries of the spaceport territory. In
the event such written ap plication is made within the ninety -day
period, the Board shall exclude the land of such owner from the
spaceport territory and revise the boundaries thereof accordingl y.
No application under this subsection shall be granted if made later
than the ninety-day period.
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D. Nothing in this section shall permit the annexation or
exclusion of lands contrary to the terms, covenants , or conditions
of any of the bonds or obligat ions of the Oklahoma Space Industry
Development Authority, or in any manner that would i mpair the
security of the holders of any bonds or other obligations of the
Authority.
E. D. No town, city or other municipality having any of the
powers of the Authori ty, or any like powers, shall hereafter be
organized or established by any proceedings under the general laws
of this state if upon such organization or establishment the
territorial limits of such municipality would lie wholly or partly
within the geographic boundaries of any spaceport territory, except
upon the consent in writing given by t he owners of a majority in
acreage of the lands within such spaceport territory proposed to be
so incorporated within such municipality. No land within the
geographic boundaries of any spaceport territory shall be annexed to
or incorporated by any proceeding under any general or special law,
now or hereafter enacted into any town, city , or other municipality,
now existing or hereafter created, except upon the consent in
writing given by the owners of a majority in acreage of the lands
within such spaceport territory to be so annexed or incorporated.
F. E. In the event that the geographic boundaries of the
spaceport territory, as set forth in Section 13 5213 of this act
title, are revised so as to include within the spaceport territory
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any areas not presently contained within the spaceport territory,
the Authority shall not engage in the business of furnishing
telephone service in such annexed area unless the Authority of fers
to purchase from any telephone company that is at the time engaged
in the business of furnishing telephone service within such annexed
area such portion of its plant and property suitable and used for
such business in connection therewith as lies with in the limits of
such annexed area.
G. F. In the event that the geographic limits of the spaceport
territory, as set forth in Section 13 5213 of this act title, are
revised so as to include within any spaceport territory any areas
not presently contained within any spaceport territory, the
Authority shall not engage in the business of furnis hing electric
power for sale in such annexed area, unless the Authority offers to
purchase from any person who is at the time engaged in the business
of making, generating or distributing electricity for sale within
such annexed area, such portion of its electric plant and property
suitable and used for business in connection therewith as lies
within the limits of such annexed area.
SECTION 10. AMENDATORY 74 O.S. 2021, Section 5225, is
amended to read as follows:
Section 5225. All monies received pursuant to the authority of
this act the Oklahoma Space Industry Development Act , whether as
proceeds from the sale of bonds or as revenues, shall be d eemed to
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be trust funds, to be held and applied solely as provided in this
act the Oklahoma Space Industry Development Act . The resolution
authorizing the bonds of any issue or the trust agreement securing
such bonds shall provide that any officer to whom , or any bank or
trust company to which, such money shall be paid shall act as
trustee of the monies and shall hold and apply the same for the
purposes hereof, subject to such regulations as this act the
Oklahoma Space Industry Development Act and such resolution or trust
agreement may provide.
SECTION 11. AMENDATORY 74 O.S. 2021, Section 5226, is
amended to read as follows:
Section 5226. Any holder of bonds issued under the provisions
of this act the Oklahoma Space Industry Develo pment Act or any of
the coupons appertaining thereto, and the trustee under the trust
agreement, except to the extent the rights herein given may be
restricted by such trust agreement, may, either at law or in equity,
by suit, action, mandamus, or other pr oceeding protect and enforce
any and all rights under the laws of this state or granted hereunder
or under such trust agreement or the resolution authorizing the
issuance of such bonds, and may enforce and compel the performance
of all duties required by this act the Oklahoma Space Industry
Development Act or by such trust agreement or resolu tion to be
performed by the Oklahoma Space Industry Development Authority or by
any officer thereof.
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SECTION 12. AMENDATORY 74 O.S. 2021, Secti on 5227, is
amended to read as follows:
Section 5227. Bonds issued under the provisions of this act the
Oklahoma Space Industry Development Act are hereby made securities
in which all public officers and public bodies, agencies, and
instrumentalities of t he state and its political subdivisions, all
banks, trust companies, trust and loan asso ciations, investment
companies, and others carrying on a banking business, and all
insurance companies and insurance associations, and others carrying
on an insurance business, may legally and properly invest funds
including capital in their control or belonging to them.
SECTION 13. AMENDATORY 74 O.S. 2021, Section 5228, is
amended to read as follows:
Section 5228. The Oklahoma Space Industry De velopment Authority
is authorized in its discretion to file an application with the
Supreme Court of Oklahoma for the approval of any bonds to be issued
hereunder, and exclusive original jurisdiction is hereby conferred
upon the Supreme Court to hear and d etermine each such application.
It shall be the duty of the Court to give such applications
precedence over the other business of the Court and to consider and
pass upon the applications and any protests which may be filed
thereto as speedily as possible. Notice of the hearing on each
application shall be given by a notice published in a ne wspaper of
general circulation in this state that on a day named , the Authority
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will ask the Court to hear its application and approve the bonds.
Such notice shall inf orm all persons interested that they may file
protests against the issuance of the bonds and be present at the
hearing and contest the legality thereof. Such notice shall be
published one time not less than ten (10) days prior to the date
named for the hearing and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court shall be
satisfied that the bonds have been properly authorized in accordance
with this act the Oklahoma Space Industry Development Act and that
when issued, they will constitute valid obligations in accordance
with their terms, the Court shall render its written opinion
approving the bonds and shall fix the time within which a petition
for rehearing may be filed. The decision of the Court shall be a
judicial determination of the validity of the bonds, shall be
conclusive as to the Authority , its officers and agents, and
thereafter the bonds so approved and the revenues pledged to their
payment shall be incontestable in any court in this state.
SECTION 14. AMENDATORY 74 O.S. 2021, Section 5229, is
amended to read as follows:
Section 5229. A. The Oklahoma Space Industry Development
Authority is hereby authorized to provide by resolution for the
issuance of revenue refunding bonds o f the Authority for the purpose
of refunding any bonds then outstanding which shall have been issued
under the provisions of this act the Oklahoma Space Industry
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Development Act, including the payment of any redemption premium
thereon and any interest accr ued or to accrue to the date of
redemption of such bonds, and, if the Authority shall so determine,
for the additional purpose of constructing improvements, extensions,
or enlargements of the project or projects in connection with which
the bonds to be refunded shall have been issued. The Authority is
further authorized to provide for the is suance of its revenue bonds
for the combined purpose of:
1. Refunding any bonds then outstanding which shall have been
issued under the provisions of this act the Oklahoma Space Industry
Development Act, including the payment of any redemption premium
thereon and any interest accrued, or to accrue to the date of
redemption of such bonds; and
2. Paying all or any part of the cost of any additional project
or projects as authorized by this act the Oklahoma Space Industry
Development Act. The issuance of such bonds, the maturities and
other details thereof, the rights of the holders thereof, and the
rights, duties, and obligations of the Authority in respect of the
same, shall be governed by the provisions of this act the Oklahoma
Space Industry Development Act insofar as the same may be
applicable.
B. Bonds may be issued by the Authority under the provisions of
this section at any time prior to the maturity or maturities or the
date selected for the redemption of the bonds being refunded
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thereby. Pending the application of the proceeds of such refunding
bonds, with any other available funds, to the payment of the
principal, accrued interest, and any redemption premium of the bonds
being refunded, and if so provided or permitted in the resolution
authorizing the issuance of such refunding bonds or in the trust
agreement securing the same, to the payment of any interest on such
refunding bonds, and any expenses in connectio n with such refunding,
such proceeds may be invested in direct obligations of, or
obligations the principal of and the interest on which are
unconditionally guaranteed by, the United States of America which
shall mature or which shall be subject to redempt ion by the holder
thereof at the option of such holder, not later than the respective
dates when the proceeds, together with the interest accruing
thereon, will be required for the purposes intended. In lieu of
such investments, all or any part of such pr oceeds may be placed in
interest bearing time deposits or other similar arrangements may be
made with regard thereto which will assure that such proceeds,
together with the interest accruing thereon, will be available when
required for the purposes intende d.
SECTION 15. AMENDATORY 74 O.S. 2021, Section 5231, is
amended to read as follows:
Section 5231. The exercise of the powers granted by this act
the Oklahoma Space Industry Development Act to the Oklahoma Space
Industry Development Authority will be in all respects for the
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benefit of the people of the state. The operation and maintenance
of projects by the Authority will constitute the performance of
essential governmental functions, and the Authority shall not be
required to pay any taxes or assessments upon any project or any
property acquired or used by the Authority under the provisions of
this act the Oklahoma Space Industry Development Act or upon the
income therefrom, and the bonds issued under the provisions of this
act the Oklahoma Space Industry Development Act , their transfer and
the income therefrom, incl uding any profit made on the sale thereof,
shall at all times be free from taxation within the state.
SECTION 16. AMENDATORY 74 O.S. 2021, Sect ion 5234, is
amended to read as follows:
Section 5234. The Board of Directors or any aggrieved person
may have recourse to such remedies in law and equity as may be
necessary to ensure compliance with the provisions of this act the
Oklahoma Space Industry Development Act, including injunctive relief
to enjoin or restrain any person from viol ating the provisions of
this act the Oklahoma Space Industry Development Act , and any rules,
resolutions, procedures, and orders adopted under this act the
Oklahoma Space Industry Development Act . The court shall, upon
proof of any such violation, have the duty to issue temporary and
permanent injunctions as are necessary to prevent further violation
thereof. In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
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building, structure, la nd or water is used, in violation of this act
the Oklahoma Space Industry Development Act , or of any rules,
resolutions, procedures, or orders adopted under authority c onferred
by this act the Oklahoma Space Industry Development Act or under
law, the Board may institute any appropriate action or proceeding to
prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain,
correct or avoid such violations, to prevent the occupancy of such
building, structure, land or water, and to prevent any illegal act,
conduct, business or use in or about such premises, land or water.
SECTION 17. AMENDATORY 74 O.S. 2021, Section 5235, is
amended to read as follows:
Section 5235. It is the intent of the Legislature and the
public policy of this state that women, minorities, and socially,
physically, and economically disadvantaged business enterprises be
encouraged to participate fully in all phases of economic and
community development. Accordingly, to achieve such purpose, the
Oklahoma Space Industry Development Authority shall, in accordance
with applicable state and federal law, involve and utilize women,
minorities, and socially, physically , and economically disadvantaged
business enterprises in all phases of the design, development,
construction, maintenance, and operation of spaceports developed
under this act the Oklahoma Space Industry Developm ent Act.
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SECTION 18. RECODIFICATION 74 O.S. 2021, Section 5201,
shall be recodified as Section 511 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 19. RECODIFICATION 74 O.S. 2021, Section 5202,
as amended by Section 2 of this act, shall be recodified as Section
512 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 20. RECODIFICATION 74 O.S. 20 21, Section 5203,
shall be recodified as Section 513 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 21. RECODIFICATION 74 O.S. 2021, Section 5204,
as amended by Section 3 of this act, shall be recodified as Section
514 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 22. RECODIFICATION 74 O.S. 2021, Section 5205,
as amended by Section 4 of this act, shall be recodi fied as Section
515 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 23. RECODIFICATION 74 O.S. 2021, Section 5207,
as amended by Section 1, Chapter 222, O.S.L. 2023 (74 O.S. Supp.
2024, Section 5207), as amended by Section 5 of this act, shall be
recodified as Section 516 of Title 3 of the Oklahoma Statutes,
unless there is created a duplication in numbering.
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SECTION 24. RECODIFICATION 74 O.S. 2021, Section 5208 ,
shall be recodified as Section 517 of Title 3 of the Oklahoma
Statutes, unless there i s created a duplication in numbering.
SECTION 25. RECODIFICATION 74 O.S. 2021, Section
5208.1, as amended by Section 6 of this act, shall be rec odified as
Section 518 of Title 3 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 26. RECODIFICATION 74 O.S. 2021, Section
5208.2, shall be recodified as Section 519 of Title 3 of the
Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 27. RECODIFICATION 74 O.S. 2021, Section 5209,
as amended by Section 7 of this act, shall be recodified as Section
520 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 28. RECODIFICATION 74 O.S. 2021, Section 5210,
shall be recodified as Section 521 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 29. RECODIFICATION 74 O.S. 2021, Section 5211,
shall be recodified as Section 522 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 30. RECODIFICATION 74 O.S. 20 21, Section 5213,
shall be recodified as Section 523 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
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SECTION 31. RECODIFICATION 74 O.S. 2021, Section 5214,
shall be recodified as Section 524 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 32. RECODIFICATION 74 O.S. 2021, Section 5215,
shall be recodified as Section 525 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 33. RECODIFICATION 74 O.S. 2021, Section 5216,
shall be recodified as Section 526 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 34. RECODIFICATION 74 O.S. 2021, Section 5217,
shall be recodified as Sec tion 527 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 35. RECODIFICATION 74 O.S. 2021, Secti on 5218,
shall be recodified as Section 528 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 36. RECODIFICATION 74 O.S. 2021, Section 5219,
as amended by Section 8 of this act, shall b e recodified as Section
529 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 37. RECODIFICATION 74 O.S. 2021, Section 5220,
as amended by Section 9 of this act, shall be recodified as Section
530 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
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SECTION 38. RECODIFICATION 74 O.S. 2021, Section 5221,
shall be recodified as Section 531 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 39. RECODIFICATION 74 O.S. 2021, Section 5222,
shall be recodified as Section 532 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 40. RECODIFICATION 74 O.S. 2021, Section 5223,
shall be recodified as Section 533 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 41. RECODIFICATION 74 O.S. 2021, Section 5224,
shall be recodified as Section 534 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 42. RECODIFICATION 74 O.S. 2021, Section 5225,
as amended by Section 10 of this act, shall be recodified as Section
535 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 43. RECODIFICATION 74 O.S. 2021, Section 5226,
as amended by Section 11 of this act, shall be recodified as Section
536 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 44. RECODIFICATION 74 O.S. 2021, Section 5227,
as amended by Section 12 of this act, shall be recodified as S ection
537 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
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SECTION 45. RECODIFICATION 74 O.S. 2021, Section 5228,
as amended by Section 13 of this act, shall be recodified as Section
538 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 46. RECODIFICATION 74 O.S. 2021, Section 5229,
as amended by Section 14 of this act, shall be recodified as Section
539 of Title 3 of the O klahoma Statutes, unless there is created a
duplication in numbering.
SECTION 47. RECODIFICATION 74 O.S. 2021, Section 5230,
shall be recodified as Section 540 of Title 3 of the Oklahoma
Statutes, unless there is created a duplicati on in numbering.
SECTION 48. RECODIFICATION 74 O.S. 2021, Sectio n 5231,
as amended by Section 15 of this act, shall be recodified as Section
541 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering .
SECTION 49. RECODIFICATION 74 O.S. 2021, Section 5232,
shall be recodified as Section 542 of Title 3 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 50. RECODIFICATION 74 O.S. 2021, Section 5233,
shall be recodified as Section 543 of Title 3 of the Oklahom a
Statutes, unless there is created a duplication in numbering.
SECTION 51. RECODIFICATION 74 O.S. 2021, Section 5234,
as amended by Section 16 of this act, shall be recodified as Section
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544 of Title 3 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 52. RECODIFICATION 74 O.S. 2021, Section 5235,
as amended by Section 17 of this act, sh all be recodified as Section
545 of Title 3 of the Oklahoma Statutes, unless there is cr eated a
duplication in numbering.
SECTION 53. RECODIFICATION 74 O.S. 2021, Section 5236,
shall be recodified as Section 546 of Title 3 of the Ok lahoma
Statutes, unless there is created a duplication in numbering.
SECTION 54. RECODIFICATION 74 O.S. 2021, Section 5237,
shall be recodified as Section 547 of Title 3 of the Oklahoma
Statutes, unless there is created a duplicatio n in numbering.
SECTION 55. REPEALER 74 O.S. 2021, Section 5206, is
hereby repealed.
SECTION 56. This act shall become effective November 1, 2025 .
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Passed the Senate the 27th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives