43 | | - | |
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44 | | - | COMMITTEE SUBSTITUTE |
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45 | | - | |
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46 | | - | An Act relating to the Oklahoma Space Industry |
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47 | | - | Development Act; amending 3 O.S. 2021, Section 84, as |
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48 | | - | amended by Section 3, Chapter 126, O.S.L. 2023 (3 |
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49 | | - | O.S. Supp. 2024, Section 84), which relates to the |
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50 | | - | Oklahoma Department of Aerospace and Aeronautics Act; |
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51 | | - | modifying number of members of the Oklahoma Ae rospace |
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52 | | - | and Aeronautics Commission; granting certain |
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53 | | - | appointing authority to President Pro Tempore of the |
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54 | | - | Senate and Speaker of the House of Representatives; |
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55 | | - | providing qualifications for certain members of |
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56 | | - | Commission; amending 74 O.S. 2021, Sections 5202, |
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57 | | - | 5204, 5205, 5207, as amended by Section 1, Chapter |
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58 | | - | 222, O.S.L. 2023, 5208.1, 5209, 5219, 5220, 5225, |
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59 | | - | 5226, 5227, 5228, 5229, 5231, 5234, and 5235 (74 O.S. |
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60 | | - | Supp. 2024, Section 5207), which relate to the |
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61 | | - | Oklahoma Space Industry Development Act; defining |
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62 | | - | terms; providing for certain Commission to become |
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63 | | - | Board of Directors of the Oklahoma Space Industry |
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64 | | - | Development Authority; allowing certain authority to |
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65 | | - | contract with certain department for certain |
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66 | | - | purposes; designating Executive Director of certain |
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67 | | - | department as chief executive officer of certain |
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68 | | - | authority; repealing 74 O.S. 2021, Section 5206, |
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69 | | - | which relates to the activation of the Oklahoma Space |
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70 | | - | Industry Development Authority; updating statutory |
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71 | | - | language; updating statutory references; providing |
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72 | | - | for recodification; providing an effective date; and |
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73 | | - | declaring an emergency . |
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74 | | - | |
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75 | | - | |
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76 | | - | Req. No. 13599 Page 2 1 |
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| 38 | + | [ Oklahoma Aerospace and Aeronautics Commission - |
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| 39 | + | appointing authority - qualifications - Board of |
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| 40 | + | Directors of the Oklahoma Space Industry Development |
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| 41 | + | Authority - contract - chief executive officer – |
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| 42 | + | repealer - recodification - effective date ] |
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| 43 | + | |
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| 44 | + | |
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| 45 | + | |
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| 46 | + | |
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100 | 47 | | |
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101 | 48 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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102 | 49 | | SECTION 1. AMENDATORY 3 O.S. 2021, Section 84, as |
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103 | 50 | | amended by Section 3, Chapter 12 6, O.S.L. 2023 (3 O.S. Supp. 2024, |
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104 | 51 | | Section 84), is amended to read as follows: |
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105 | 52 | | Section 84. A. There is hereby created the Oklahoma Aerospace |
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106 | 53 | | and Aeronautics Commission, which shall be the successor to the |
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107 | 54 | | Oklahoma Aviation Commission created by Section 8 1 et seq. of this |
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108 | 55 | | title. The Oklahoma Aerospace and Aeronautics Commission shall |
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109 | 56 | | consist of seven (7) nine (9) members, who seven of whom shall be |
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110 | 57 | | appointed by the Governor and who shall continue in office, as |
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111 | 58 | | designated by the Governor at the time of app ointment, through the |
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112 | 59 | | last day of the second, third, fourth, fifth, sixth, and seventh |
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113 | 60 | | calendar years, respectively, following the passage of Section 81 et |
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114 | 61 | | seq. of this title, with the initial seventh member remaining in |
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115 | 88 | | office until the end of the calenda r year 1979, one of whom shall be |
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116 | 89 | | appointed by the President Pro Tempore of the Senate, and one of |
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117 | 90 | | whom shall be appointed by the Speaker of the House of |
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118 | 91 | | Representatives. The successors of the members initially appointed |
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119 | 92 | | shall be appointed for terms of si x (6) years in the same manner as |
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120 | 93 | | the members originally appointed under Section 81 et seq. of this |
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121 | 94 | | title, except that any person appointed to fill a vacancy shall be |
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122 | 95 | | appointed only for the remainder of such term. Each member shall |
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123 | 96 | | serve until the appoint ment and qualification of a successor. One |
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124 | 97 | | member shall be appointed from each congress ional district and any |
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151 | 98 | | remaining members shall be appointed from the state at large. |
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152 | 99 | | However, when congressional districts are redrawn , each member |
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153 | 100 | | appointed prior to July 1 of the year in which such modification |
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154 | 101 | | becomes effective shall complete the current term of office and |
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155 | 102 | | appointments made after July 1 of the year in which such |
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156 | 103 | | modification becomes effective shall be based on the redrawn |
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157 | 104 | | districts. Appointments made after July 1 of the year in which such |
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158 | 105 | | modification becomes effective shall be from an y redrawn districts |
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159 | 106 | | which are not represented by a board member until such time as each |
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160 | 107 | | of the modified congressional districts are represented by a board |
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161 | 108 | | member. No appointments may be made after July 1 of the year in |
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162 | 109 | | which such modification becomes effective if such appointment would |
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163 | 110 | | result in more than two members serving from the same modified |
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164 | 137 | | district. To qualify for appointment to the Commission, an |
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165 | 138 | | appointee shall have the following minimum qualifications: |
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166 | 139 | | 1. A be a citizen and bona fide resident of the state; and |
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167 | 140 | | 2. Three. The seven (7) members appointed by the Governor |
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168 | 141 | | shall have at least three (3) years’ experience in aeronautical |
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169 | 142 | | activities, such as genera l aviation, agricultural aviation, airport |
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170 | 143 | | management, or air carrier operation. The two members appointed by |
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171 | 144 | | the President Pro Tempore of the Senate and the Speaker of the House |
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172 | 145 | | of Representatives shall have at least three (3) years ’ experience |
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173 | 146 | | in the commercial space industry, a state or federal space agency, |
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174 | 147 | | or administration. |
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201 | 148 | | Members of the Commission shall receive no salary but shall be |
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202 | 149 | | entitled to be reimbursed for necessary travel expenses pursuant to |
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203 | 150 | | the State Travel Reimbursement Act. The members of the Commission |
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204 | 151 | | may be removed by the Governor for inefficiency, neglect of duty, or |
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205 | 152 | | malfeasance in office in the manner provided by law for the removal |
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206 | 153 | | of officers not subject to impeachment. |
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207 | 154 | | B. 1. The Director of the Oklahoma Department of Aerospace and |
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208 | 155 | | Aeronautics shall be appointed by the Commission, and shall serve at |
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209 | 156 | | the pleasure of the Commission. The Director shall be appointed |
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210 | 157 | | with due regard to such person ’s fitness, by aeronautical education |
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211 | 158 | | and by knowledge of and recent practical experien ce in aeronautics |
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212 | 159 | | for the efficient dispatch of the powers and duties duly vested in |
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213 | 160 | | and imposed upon the Director. The Director shall devote full time |
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214 | 187 | | to the duties of the office and shall not be actively engaged or |
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215 | 188 | | employed in any other business, vocati on, or employment, nor shall |
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216 | 189 | | the Director have any pecuniary interest in or any stock in or bonds |
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217 | 190 | | of any civil aeronautics enterprise. The Director shall be |
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218 | 191 | | reimbursed for all traveling and other expenses incurred in the |
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219 | 192 | | discharge of the official duties o f the Director, subject to general |
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220 | 193 | | statutory limitations on such expenses as contained in the State |
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221 | 194 | | Travel Reimbursement Act. |
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222 | 195 | | 2. The Director shall be the executive officer of the |
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223 | 196 | | Department and under its supervision shall administer the provisions |
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224 | 197 | | of Section 81 et seq. of this title and rules, regulations, and |
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251 | 198 | | orders established thereunder and all other laws of the state |
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252 | 199 | | relative to aeronautics. The Director shall attend all meetings of |
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253 | 200 | | the Commission, but shall have no vote. The Director shall be in |
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254 | 201 | | charge of the offices of the Department and responsible for the |
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255 | 202 | | preparation of reports and the collection and dissemination of data |
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256 | 203 | | and other public information relating to aerospace and aeronautics. |
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257 | 204 | | The Director is hereby empowered to execute all contracts entered |
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258 | 205 | | into by the Commission. |
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259 | 206 | | 3. The Commission may, by written order filed in its o ffice, |
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260 | 207 | | delegate to the Director any of the powers or duties vested in or |
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261 | 208 | | imposed upon it by Section 81 et seq. of this title. Such delegated |
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262 | 209 | | powers and duties may be e xercised by the Director in the name of |
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263 | 210 | | the Commission. |
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264 | 237 | | 4. The Director shall appoint, subject to the approval of the |
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265 | 238 | | Commission, such experts, field and office assistants, clerks, and |
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266 | 239 | | other employees as may be required and authorized for the proper |
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267 | 240 | | discharge of the functions of the Department. |
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268 | 241 | | C. The Commission shall, within thirty (30) da ys after its |
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269 | 242 | | appointment, organize, adopt a seal, and make such rules and |
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270 | 243 | | regulations for its administration, not inconsistent herewith, nor |
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271 | 244 | | inconsistent with, or contr ary to, any act of the United States |
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272 | 245 | | Congress of the United States or regulations promulgated or |
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273 | 246 | | standards established pursuant thereto, as it may deem expedient and |
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274 | 247 | | from time to time amend such rules and regulations. At such |
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308 | 255 | | Special meetings may be called as provided by the rules and |
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309 | 256 | | regulations of the Commission. Regular meetings shall be held at |
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310 | 257 | | the established offices of the Departme nt, but, whenever the |
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311 | 258 | | convenience of the public or of the parties may be promoted, or |
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312 | 259 | | delay or expense may be prevented, the Commission may hold meetings, |
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313 | 260 | | hearings, or proceedings at any other place designated by it. The |
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314 | 287 | | Department shall report in writing to the Governor on or about |
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315 | 288 | | January 31 of each year. The report shall contain a summary of the |
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316 | 289 | | proceedings of the Department during the preceding fiscal year, a |
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317 | 290 | | detailed and itemized statement of all revenue and of all |
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318 | 291 | | expenditures made by or on behalf o f the Department, such other |
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319 | 292 | | information as it may deem necessary or useful, and any additional |
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320 | 293 | | information which may be requested by the Governor. |
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321 | 294 | | D. Suitable office space shall be provided by the Office of |
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322 | 295 | | Management and Enterprise Services for the Department in the City of |
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323 | 296 | | Oklahoma City, and the Department may incur the necessary expense |
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324 | 297 | | expenses for office rent, furniture, stationery, printing, |
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351 | 298 | | incidental expenses, and other necessary expenses needed for the |
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352 | 299 | | administration of Section 81 et seq. of this title. |
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353 | 300 | | SECTION 2. AMENDATORY 74 O.S. 2021, Section 5202, is |
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354 | 301 | | amended to read as follows: |
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355 | 302 | | Section 5202. As used in this act the Oklahoma Space Industry |
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356 | 303 | | Development Act: |
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357 | 304 | | 1. “Authority” means the Oklahoma Space Industry Development |
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358 | 305 | | Authority as authorized to be created by this act the Oklahoma Space |
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359 | 306 | | Industry Development Act ; |
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360 | 307 | | 2. “Board” or “Board of Directors” means the governing body of |
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361 | 308 | | the Authority as authorized to be created in Section 7 5207 of this |
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362 | 309 | | act title; |
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363 | 336 | | 3. “Bonds” means revenue bonds or other obligations issued by |
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364 | 337 | | the Authority for the purpose of financing its projects; |
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365 | 338 | | 4. “Commission” means the Oklahoma Aerospace and Aeronautics |
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366 | 339 | | Commission; |
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367 | 340 | | 5. “Complementary activity ” means any space business incubator, |
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368 | 341 | | space tourism activity, or space -related research and development; |
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369 | 342 | | 5. 6. “Cost” means all costs, fees, charges, expenses , and |
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370 | 343 | | amounts associated with the development of projects under the |
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371 | 344 | | Oklahoma Space Industry Development Act by the Authority; |
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372 | 345 | | 7. “Department” means the Oklahoma Department of Aerospace and |
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373 | 346 | | Aeronautics; |
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400 | 347 | | 6. 8. “Federal aid” means any funding or other financial |
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401 | 348 | | assistance provided by the federal government to the Aut hority for |
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402 | 349 | | its projects; |
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403 | 350 | | 7. 9. “Financing agreement” means a lease, lease -purchase |
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404 | 351 | | agreement, lease with option to purchase, sale or installment sale |
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405 | 352 | | agreement, whether title passes in whole or in part at any time |
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406 | 353 | | prior to, at, or after completion of the project, loan agreement, or |
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407 | 354 | | other agreement forming the basis for the financing under this act |
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408 | 355 | | the Oklahoma Space Industry Development Act , including any |
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409 | 356 | | agreements, guarantees, or security instruments forming part of or |
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410 | 357 | | related to providing assurance of p ayment of the obligations under |
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411 | 358 | | such financing agreement; |
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412 | 385 | | 8. 10. “Landing area” means the geographical area designated by |
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413 | 386 | | the Authority within or outside any spaceport territory for or |
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414 | 387 | | intended for the landing and surface maneuvering of any launch or |
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415 | 388 | | other space vehicles; |
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416 | 389 | | 9. 11. “Launch pad” means the launch pad or pads or spacecraft |
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417 | 390 | | launch structure used by the spaceport or spaceport user for |
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418 | 391 | | launching of space vehicles; |
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419 | 392 | | 10. 12. “Payload” means all property and cargo to be |
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420 | 393 | | transported aboard any vehicle launched or flown, by or from any |
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421 | 394 | | spaceport; |
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422 | 395 | | 11. 13. “Person” means individuals, children, firms, |
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423 | 396 | | associations, joint ventures, partnerships, estates, trusts, |
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450 | 397 | | business trusts, syndicates, fiduciaries, corporations, nations, |
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451 | 398 | | federal, state, or local governments, government or other agencies, |
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452 | 399 | | subdivisions of the state, municipalities, countie s, business |
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453 | 400 | | entities, and all other groups or combinations; |
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454 | 401 | | 12. 14. “Project” means any development, improvement, property, |
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455 | 402 | | launch, utility, facility, system, works, r oad, sidewalk, |
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456 | 403 | | enterprise, service, or convenience sponsored or promoted by the |
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457 | 404 | | Authority and conducted or performed from any spaceport territory; |
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458 | 405 | | 13. 15. “Range” means the geographical area designated by the |
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459 | 406 | | Authority or other appropriate body as the are a for the launching of |
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460 | 407 | | space vehicles, rockets, missiles, launch vehicles, shuttles, |
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461 | 434 | | satellites, and other vehicles designed to reach high altitudes, |
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462 | 435 | | suborbital and orbital, or possessing space flight capacity; |
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463 | 436 | | 14. 16. “Recovery” means the recovery of spa ce vehicles and |
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464 | 437 | | payload or payloads which have been launched from or by any |
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465 | 438 | | spaceport; |
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466 | 439 | | 15. 17. “Spaceport” means any area of land or water, or any |
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467 | 440 | | man-made object or facility located therein, developed by the |
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468 | 441 | | Authority under this act the Oklahoma Space In dustry Development Act |
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469 | 442 | | and located within spaceport territory, which area is intended fo r |
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470 | 443 | | public use, or for the launching, takeoff and landing of spacecraft |
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471 | 444 | | and aircraft; such areas may include appurtenant areas which are |
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472 | 445 | | used or intended for public use, for spaceport buildings or other |
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473 | 446 | | spaceport facilities or for rights -of-way, or any space facility, |
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500 | 447 | | space propulsion system, or station of any kind possessing space |
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501 | 448 | | flight capacity; |
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502 | 449 | | 16. 18. “Spaceport system” means the organizations and |
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503 | 450 | | infrastructure developed by the Authority for the development of |
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504 | 451 | | spaceports and the commercialization of th e space industry; |
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505 | 452 | | 17. 19. “Spaceport territory” means the site of any launch pad |
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506 | 453 | | and the geographic area contiguous thereto as determined by the |
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507 | 454 | | Authority to be necess ary to protect the area from health and safety |
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508 | 455 | | hazards from the operation of the spaceport, but not to exceed the |
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509 | 456 | | geographic areas designated in Section 13 5213 of this act title and |
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510 | 483 | | as amended or changed in accordance with Section 20 5220 of this act |
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511 | 484 | | title; and |
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512 | 485 | | 18. 20. “Spaceport user” means any person that uses the |
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513 | 486 | | facilities or services o f any spaceport. For the purposes of any |
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514 | 487 | | exemptions or rights granted hereafter, the spaceport user shall be |
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515 | 488 | | deemed a spaceport user only during the time period in whi ch the |
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516 | 489 | | person actually uses any spaceport, and such rights and exemptions |
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517 | 490 | | shall be granted with respect to transactions relating to spaceport |
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518 | 491 | | projects only. |
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519 | 492 | | SECTION 3. AMENDATORY 74 O.S. 2021, Section 5204, is |
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520 | 493 | | amended to read as f ollows: |
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521 | 494 | | Section 5204. Subject to the requirements of Section 5206 of |
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522 | 495 | | this title, the Oklahoma Space Industry Development Authority is |
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523 | 496 | | hereby granted, has, and may exercise all powers necessary to carry |
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559 | 532 | | 4. Issue revenue bonds or other obligations as authorized by |
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560 | 533 | | the provisions of this act the Oklahoma Space Industry Development |
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561 | 534 | | Act or any other law, or any combinatio n of the foregoing, to pay |
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562 | 535 | | all or part of the cost of the acquisition, construction, |
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563 | 536 | | reconstruction, extension, repair, improvement, maintenance or |
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564 | 537 | | operation of any project or combination of projects, to provide for |
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565 | 538 | | any facility, service or other activity of the Authority and to |
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566 | 539 | | provide for the retirement or refunding of any bonds or obligati ons |
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567 | 540 | | of the Authority, or for any combination of the foregoing purposes; |
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568 | 541 | | 5. Acquire property, real, personal, intangible, tangible, or |
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569 | 542 | | mixed, in fee simple or any lesse r interest or estate, by purchase, |
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570 | 543 | | gift, devise, or lease, on such terms and conditions as the |
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571 | 544 | | Authority may deem necessary or desirable, and sell or otherwise |
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572 | 545 | | dispose of the same and of any of the assets and properties of the |
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573 | 546 | | Authority; |
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600 | 547 | | 6. Lease as lessor or lessee to or from any person, public or |
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601 | 548 | | private, any facilities or property of any nature for the use of the |
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602 | 549 | | Authority and to carry out any of the purposes of the Authority; |
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603 | 550 | | 7. Subject to the limitations prescribed by Section 5210 of |
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604 | 551 | | this title, acquire by condemnation land and such interest therein |
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605 | 552 | | as may be necessary in its determination for the purpose of |
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606 | 553 | | establishing, constructing, maintaining, or operating a spaceport; |
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607 | 554 | | 8. Own, acquire, construct, develop, create, reconstruct, |
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608 | 555 | | equip, operate, maintain, extend, and improve launch pads, landing |
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609 | 582 | | areas, ranges, payload assembly building s, payload processing |
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610 | 583 | | facilities, laboratories, space business incubators, launch |
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611 | 584 | | vehicles, payloads, space flight hardware, facilities and equipment |
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612 | 585 | | for the construction of payloads, space flight hardware, rockets, |
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613 | 586 | | and other launch vehicles, and spaceport facilities and systems, |
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614 | 587 | | including educational, recreational, cultural, and other space - |
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615 | 588 | | related initiatives; |
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616 | 589 | | 9. Undertake a program of advertising to the public and |
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617 | 590 | | promoting the businesses, facilities , and attractions within any |
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618 | 591 | | spaceport territory or at any spaceport and the projects of the |
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619 | 592 | | Authority, and expend monies and undertake such activities to carry |
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620 | 593 | | out such advertising and promotional programs as the Board of |
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621 | 594 | | Directors from time to time may determine; |
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622 | 595 | | 10. Own, acquire, construct, reconstruct, equip, operate, |
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623 | 596 | | maintain, extend, and improve transportation facilities appropriate |
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650 | 597 | | to meet the transportation requirements of the Authority and |
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651 | 598 | | activities conducted wit hin a spaceport territory; |
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652 | 599 | | 11. Own, acquire, construct, reconstruct, equip, operate, |
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653 | 600 | | maintain, collect fees for services provided, extend , and improve |
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654 | 601 | | public utilities within a spaceport territory, including the |
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655 | 602 | | following: electric power plants, transmis sion lines and related |
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656 | 603 | | facilities, gas mains and facilities of any nature for the |
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657 | 604 | | production or distribution of natural gas or hydrogen, telephone |
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658 | 605 | | lines and related plants and systems, other communication systems of |
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659 | 632 | | any nature including closed -circuit, cable television and computer |
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660 | 633 | | systems, transmission lines and related facilities and plants , and |
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661 | 634 | | facilities for the generation and transmission of power; and |
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662 | 635 | | purchase electric power, natural gas , and other sources of power for |
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663 | 636 | | distribution within any spacepor t territory; |
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664 | 637 | | 12. Own, acquire, construct, reconstruct, equip, operate, |
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665 | 638 | | maintain, collect fees for services provided, extend , and improve |
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666 | 639 | | within any spaceport territory water systems and sewer systems or |
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667 | 640 | | combined water and sewer systems; regulate the use o f sewers, septic |
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668 | 641 | | tanks and other sanitary structures and appliances, and the supply |
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669 | 642 | | of water within any spaceport; and regulate the pretreatment of |
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670 | 643 | | waste and sell or otherwise dispose of the effluent, sludge, or |
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671 | 644 | | other by-products as a result of sewage trea tment; |
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672 | 645 | | 13. Own, acquire, construct, reconstruct, equip, operate, |
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673 | 646 | | maintain, collect fees for services provided, extend , and improve |
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700 | 647 | | waste collection, recycling and disposal systems, and to sell, |
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701 | 648 | | recycle or otherwise dispose of any effluent, residue or othe r by- |
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702 | 649 | | products of such systems consistent with the laws of the state; |
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703 | 650 | | 14. Adopt a plan of reclamation, and own, acquire, construct, |
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704 | 651 | | reconstruct, equip, operate, maintain, extend , and improve canals, |
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705 | 652 | | ditches, drains, dikes, levees, pumps, plants and pumping systems, |
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706 | 653 | | and other works for drainage purposes, and irrigation works, |
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707 | 654 | | machinery and plants; |
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708 | 681 | | 15. Own, acquire, construct, reconstruct, equip, operate, |
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709 | 682 | | maintain, extend, and improve water and flood control facilities and |
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710 | 683 | | regulate the supply and level of wa ter within any spaceport |
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711 | 684 | | territory which may include diverting waters from one area or b ody |
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712 | 685 | | of water to another, regulating, controlling or restricting the |
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713 | 686 | | development and use of natural and artificial streams or bodies of |
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714 | 687 | | water, lakes or ponds, and taking all measures determined by the |
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715 | 688 | | Authority to be necessary or desirable to prevent or alleviate land |
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716 | 689 | | erosion; provided, in exercising any of its powers pertaining to the |
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717 | 690 | | use, control, or diversion of water, the Authority is subject to all |
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718 | 691 | | permitting requirements and procedures of the Oklahoma Water |
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719 | 692 | | Resources Board as set forth by law or by rul e of the Board; and |
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720 | 693 | | 16. Own, acquire, construct, reconstruct, equip, operate, |
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721 | 694 | | maintain, collect fees for services provided, extend , and improve |
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722 | 695 | | public safety facilitie s for any spaceport, including police station |
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723 | 696 | | stations, police vehicles, medical facilities, fire stations, water |
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757 | 730 | | Section 5205. A. The Oklahoma Space Industry Development |
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758 | 731 | | Authority, in effectuating the purposes of the Oklahoma Space |
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759 | 732 | | Industry Development Act, shall be subject to the Administrative |
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760 | 733 | | Procedures Act, the Oklahoma Open Meeting Act, and the Oklahoma Open |
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761 | 734 | | Records Act, except as provided in subsection B of this section. |
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762 | 735 | | B. Any information held by the Authority which is a trade |
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763 | 736 | | secret, as defined in the Uniform Trade Secrets Act, including trade |
---|
764 | 737 | | secrets of the Authority, any spaceport user, or the space indu stry, |
---|
765 | 738 | | is confidential and may not be disclosed. If the Authority |
---|
766 | 739 | | determines that any information requested by the public will reveal |
---|
767 | 740 | | a trade secret, it shall, in writing, inform the person making the |
---|
768 | 741 | | request of that determination. The Authority may hold executive |
---|
769 | 742 | | sessions, as authorized by the Oklahoma Open Meeting Act, when trade |
---|
770 | 743 | | secrets are discussed, and any minutes, recordings, or notes from |
---|
771 | 744 | | such sessions are deemed confidential. |
---|
772 | 745 | | C. The Authority shall be granted sovereign immunity in the |
---|
773 | 746 | | same manner as this state, and the liability of the Authority and |
---|
800 | 747 | | its members, officers, and employees shall be governed by the |
---|
801 | 748 | | provisions of the The Governmental Tort Claims Act. Provided, |
---|
802 | 749 | | however, the Authority is authorized to carry liability insurance to |
---|
803 | 750 | | the extent authorized by the Authority. |
---|
804 | 751 | | D. The Authority, in executing the purposes of the Okl ahoma |
---|
805 | 752 | | Space Industry Development Act, shall be exempt from the provisions |
---|
806 | 753 | | of the Public Competitive Bidding Act of 1974 and the competitive |
---|
807 | 780 | | bidding provisions set forth in Section 85.7 of Title 74 of the |
---|
808 | 781 | | Oklahoma Statutes this title. |
---|
809 | 782 | | SECTION 5. AMENDATORY 74 O.S. 2021, Section 520 7, as |
---|
810 | 783 | | amended by Section 1, Chapter 222, O.S.L. 2023 (74 O.S. Supp. 2024, |
---|
811 | 784 | | Section 5207), is amended to read as follow s: |
---|
812 | 785 | | Section 5207. A. Subject to the provisions of Section 5206 of |
---|
813 | 786 | | this title, there is created within the Oklahoma Space Industry |
---|
814 | 787 | | Development Authority, the Board of Directors consisting of seven |
---|
815 | 788 | | (7) members who shall be appointed by the Governor with adv ice and |
---|
816 | 789 | | consent of the Senate. All but one Board member shall be a resident |
---|
817 | 790 | | of this state. Each member appointed to serve on the Board shall |
---|
818 | 791 | | have experience in the aerospace or commercial space industry or |
---|
819 | 792 | | finance, or have other significant relevant expe rience. |
---|
820 | 793 | | B. 1. Initially, the Governor shall appoint four members for |
---|
821 | 794 | | terms of three (3) years and three members for terms of four (4) |
---|
822 | 795 | | years. Thereafter, each member shall serve a term of four (4) years |
---|
823 | 796 | | or until a successor is appointed and qualified. I nitial |
---|
856 | 829 | | Constitution, appointment to the Board shall not preclude any member |
---|
857 | 830 | | from holding any other private or pu blic position. |
---|
858 | 831 | | 2. An appointment to fill a vacancy in a member ’s office shall |
---|
859 | 832 | | be made by the Governor for the unexpired portion of the term of the |
---|
860 | 833 | | member who vacated that office. An appointment to complete an |
---|
861 | 834 | | unexpired term shall not count toward three f ull four-year terms. |
---|
862 | 835 | | C. The Governor has the authority to remove from the Board any |
---|
863 | 836 | | member in the manner and for cause as defined by the laws of this |
---|
864 | 837 | | state and applicable to situations which may arise before the Board. |
---|
865 | 838 | | Unless excused by the chair of the Board, a member’s absence from |
---|
866 | 839 | | two or more consecutive Board meetings creates a vacancy in the |
---|
867 | 840 | | office to which the member was appointed. |
---|
868 | 841 | | D. The Governor shall designate a member to serve as chair of |
---|
869 | 842 | | the Board who, if such person remains a member of the Bo ard, shall |
---|
870 | 843 | | serve as chair until the expiration of the three -year terms of those |
---|
871 | 844 | | members of the Board appointed initially for three -year terms. Each |
---|
872 | 845 | | subsequent chair shall be selected by the Board members and shall |
---|
873 | 846 | | serve a two-year term. |
---|
906 | 879 | | 2. At its initial meeting, or as soon thereafter as is |
---|
907 | 880 | | practicable, the Board shall appoint a chief executive officer who |
---|
908 | 881 | | shall serve at the pleasure of the Board. A member of the Board may |
---|
909 | 882 | | be appointed as chief executive officer; provided, if a member of |
---|
910 | 883 | | the Board is so appointed, the member shall resign as a member of |
---|
911 | 884 | | the Board and the vacancy shall be filled as provided in paragraph 2 |
---|
912 | 885 | | of subsection B of this section. The Board shall determine the |
---|
913 | 886 | | annual salary of the chief executive officer. On and after the |
---|
914 | 887 | | effective date of this act, the Oklahoma Aerospace and Aeronautics |
---|
915 | 888 | | Commission of the Oklahoma Department of Aerospace and Aeronautics |
---|
916 | 889 | | shall become the Board of Direc tors of the Oklahoma Space Industry |
---|
917 | 890 | | Development Authority. The qualifications and terms of office of |
---|
918 | 891 | | the Board members shall be identical to the qualifications and terms |
---|
919 | 892 | | of office of the Commission members. On and after the effective |
---|
920 | 893 | | date of this act, pe rsons currently appointed to the Commission |
---|
921 | 894 | | shall also become members of the Board. The funds of the Department |
---|
922 | 895 | | and the Authority shall not be commingled and shall be separately |
---|
956 | 929 | | member of the Board shall execute a surety bond in the penal sum of |
---|
957 | 930 | | Twenty-five Thousand Dollars ($25,000.00). Each such surety bond |
---|
958 | 931 | | shall be conditioned upon the faithful performance of the duties of |
---|
959 | 932 | | the member’s office, shall be executed by a surety company |
---|
960 | 933 | | authorized to transact business in the State of Oklahoma this state |
---|
961 | 934 | | as surety, and shall be filed in the office Office of the Secretary |
---|
962 | 935 | | of State. |
---|
963 | 936 | | D. All personnel of the Authority are hereby transferred to the |
---|
964 | 937 | | Department and shall become employees of the Department. In order |
---|
965 | 938 | | to carry out the mission of the Authority, the Board shall enter |
---|
966 | 939 | | into an agreement with the Oklahoma Department of Aerospace and |
---|
967 | 940 | | Aeronautics to provide the Authority’s administrative a nd staff |
---|
968 | 941 | | services. The Board may elect to replace or merge any existing |
---|
969 | 942 | | contract for services that the Authority has with an existing |
---|
970 | 943 | | contract that the Oklahoma Department of Aerospace and Aeronautics |
---|
971 | 944 | | has to provide administrative efficiency ; provided, that such |
---|
1005 | 978 | | Section 5208.1. There is hereby created in the State Treasury a |
---|
1006 | 979 | | revolving fund for the Oklahoma Space Industry Developme nt Authority |
---|
1007 | 980 | | to be designated the “Oklahoma Space Industry Development Authority |
---|
1008 | 981 | | Revolving Fund”. The fund shall be a continuing fund, not subject |
---|
1009 | 982 | | to fiscal year limitations, and shall consist of all monies received |
---|
1010 | 983 | | by the Authority from private and publi c donations, contributions, |
---|
1011 | 984 | | gifts, and any monies appropriated or directed by law to be |
---|
1012 | 985 | | deposited thereto. All monies accruing to the credit of the fund |
---|
1013 | 986 | | are hereby appropriated and may be budgeted and expended by the |
---|
1014 | 987 | | Authority for the purpose of creating, operating, staffing and |
---|
1015 | 988 | | maintaining an Oklahoma Space Industry Development Authority |
---|
1016 | 989 | | carrying out the provisions of the Oklahoma Space Industry |
---|
1017 | 990 | | Development Act, and any legitimate expenses of the Authority in the |
---|
1018 | 991 | | execution of such provisions . Expenditures from the fund shall be |
---|
1019 | 992 | | made upon warrants issued by the State Treasurer against claims |
---|
1020 | 993 | | filed as prescribed by law with the Director of the Office of |
---|
1021 | 994 | | Management and Enterprise Services for approval and payment. |
---|
1055 | 1028 | | 1. Adopt, amend, and repeal rules to carry out the purposes of |
---|
1056 | 1029 | | this act the Oklahoma Space Industry Development Act ; |
---|
1057 | 1030 | | 2. Maintain an office at such place or places as it may |
---|
1058 | 1031 | | designate; |
---|
1059 | 1032 | | 3. Execute all contracts an d other documents necessary or |
---|
1060 | 1033 | | desirable to carry out the purposes of this act the Oklahoma Space |
---|
1061 | 1034 | | Industry Development Act ; provided, the Board may authorize one or |
---|
1062 | 1035 | | more members of the Board to execute contracts and other documents |
---|
1063 | 1036 | | on behalf of the Board or the Authority; |
---|
1064 | 1037 | | 4. 3. Hire employees, including a person to act as the chief |
---|
1065 | 1038 | | executive officer of the Authority with such duties and power as the |
---|
1066 | 1039 | | Board may prescribe and designate up to five positions as being in |
---|
1067 | 1040 | | the unclassified service ; |
---|
1068 | 1041 | | 5. 4. Contract for the services of attorneys, underwriters or |
---|
1069 | 1042 | | other financial professionals for the purpose of issuing and |
---|
1070 | 1043 | | marketing the obligations of the Authority, notwithstanding the |
---|
1103 | 1076 | | 9. 8. Enter into agreements for the joint development of |
---|
1104 | 1077 | | properties necessary or convenient for, the operation of spaceports |
---|
1105 | 1078 | | and the spaceport system; and |
---|
1106 | 1079 | | 10. 9. Prepare an annual report of operations. |
---|
1107 | 1080 | | SECTION 8. AMENDATORY 74 O.S. 2021, Section 5219, is |
---|
1108 | 1081 | | amended to read as follows: |
---|
1109 | 1082 | | Section 5219. A. Except as provided in subsection B of this |
---|
1110 | 1083 | | section, in addition to other powers granted by this act the |
---|
1111 | 1084 | | Oklahoma Space Industry Development Act , for the purposes o f |
---|
1112 | 1085 | | operating, maintaining, and providing for the safety of a spaceport |
---|
1113 | 1086 | | the Board of Directors shall have the power within any spaceport |
---|
1114 | 1087 | | territory to: |
---|
1115 | 1088 | | 1. Regulate, restrict and determine the location, height, |
---|
1116 | 1089 | | number of stories, size, cubic contents, area an d design, and the |
---|
1117 | 1090 | | erection, construction, reconstruction, alteration and repair of |
---|
1118 | 1091 | | buildings and other structures for space industry development, |
---|
1119 | 1092 | | trade, industry, commerce, residence and other purposes, and the |
---|
1120 | 1093 | | materials used in the construction thereof; t he number, location, |
---|
1147 | 1094 | | height, size, appearance and use of billboards and all other |
---|
1148 | 1095 | | advertising signs, banners, handbills and devices; the percentage |
---|
1149 | 1096 | | and portion of lots and land that may be occupied or built on; |
---|
1150 | 1097 | | setback lines; the density of population; the use of buildings, |
---|
1151 | 1098 | | structures, land and water for trade, industries, commerce, and |
---|
1152 | 1099 | | residences and any and all other purposes; the location, size and |
---|
1153 | 1126 | | plan of spaceport facilities, launch pads, ranges, payload assembly |
---|
1154 | 1127 | | and processing facilities, parks and re creational areas, commercial |
---|
1155 | 1128 | | and industrial facilities, public and private utilities, tr affic, |
---|
1156 | 1129 | | parking facilities and drainage and water control facilities; and to |
---|
1157 | 1130 | | appoint inspectors; |
---|
1158 | 1131 | | 2. Adopt rules to prohibit or control the pollution of air and |
---|
1159 | 1132 | | water, and to require certain location and placement of electrical |
---|
1160 | 1133 | | power, telephone and other utility lines, cables, pipes , and ducts; |
---|
1161 | 1134 | | and |
---|
1162 | 1135 | | 3. Divide any spaceport territory into zones or districts of |
---|
1163 | 1136 | | such number, shape and area as the Board may deem best suited t o |
---|
1164 | 1137 | | carry out the purposes of this act the Oklahoma Space Industry |
---|
1165 | 1138 | | Development Act, and within and for each such district adopt rules |
---|
1166 | 1139 | | and restrictions as provided for in this section. |
---|
1167 | 1140 | | B. The Authority may not exercise any of its powers as provided |
---|
1168 | 1141 | | for in this section in a manner that prohibits: |
---|
1203 | 1176 | | spaceport; provided, erection of p ersonal residences shall not |
---|
1204 | 1177 | | include subdivision of land for the purpose of constructing and |
---|
1205 | 1178 | | selling houses. |
---|
1206 | 1179 | | SECTION 9. AMENDATORY 74 O.S. 2021, Section 5220, is |
---|
1207 | 1180 | | amended to read as follows: |
---|
1208 | 1181 | | Section 5220. A. The Board of Director s may at any time strike |
---|
1209 | 1182 | | out or correct the description of any land within or claimed to be |
---|
1210 | 1183 | | within the boundary lines of any spaceport territory upon the |
---|
1211 | 1184 | | consent and writing of the owners of all the land that would be |
---|
1212 | 1185 | | included or excluded from the boundary lines of any spaceport |
---|
1213 | 1186 | | territory or otherwise affected by the taking of such action, and of |
---|
1214 | 1187 | | the owners of not less than the majority in acreage of all lands |
---|
1215 | 1188 | | within any spaceport territory. The Board may enlarge the |
---|
1216 | 1189 | | geographical limits of any spaceport te rritory to include lands not |
---|
1217 | 1190 | | then within any spaceport territory as follows: |
---|
1252 | 1225 | | B. The Board may contract the geographical limits of any |
---|
1253 | 1226 | | spaceport territory so as to exclude from any spaceport territory |
---|
1254 | 1227 | | any land then within any spaceport territory as follows: |
---|
1255 | 1228 | | 1. Upon the written consent of the owners of all of the la nd to |
---|
1256 | 1229 | | be so excluded and of the owners of not less than a majority in |
---|
1257 | 1230 | | acreage of all the land within any spaceport territory; |
---|
1258 | 1231 | | 2. By resolution of the Board approved at a special election |
---|
1259 | 1232 | | called for any purposes, by vote of a majority of landowners |
---|
1260 | 1233 | | residing within the area to be excluded and a majority of the |
---|
1261 | 1234 | | landowners residing within any sp aceport territory; or |
---|
1262 | 1235 | | 3. By resolution of the Board approved by the owners of not |
---|
1263 | 1236 | | less than a majority in acreage of the land within the spaceport |
---|
1264 | 1237 | | territory. |
---|
1265 | 1238 | | C. Any owner of land located within the geographic limits of |
---|
1266 | 1239 | | the spaceport territory may within ninety (90) days following the |
---|
1267 | 1240 | | initial meeting of the Board, held pursuant to Section 7 of this |
---|
1301 | 1274 | | D. Nothing in this section shall permit the annexation or |
---|
1302 | 1275 | | exclusion of lands contrary to the terms, covenants , or conditions |
---|
1303 | 1276 | | of any of the bonds or obligat ions of the Oklahoma Space Industry |
---|
1304 | 1277 | | Development Authority, or in any manner that would i mpair the |
---|
1305 | 1278 | | security of the holders of any bonds or other obligations of the |
---|
1306 | 1279 | | Authority. |
---|
1307 | 1280 | | E. D. No town, city or other municipality having any of the |
---|
1308 | 1281 | | powers of the Authori ty, or any like powers, shall hereafter be |
---|
1309 | 1282 | | organized or established by any proceedings under the general laws |
---|
1310 | 1283 | | of this state if upon such organization or establishment the |
---|
1311 | 1284 | | territorial limits of such municipality would lie wholly or partly |
---|
1312 | 1285 | | within the geographic boundaries of any spaceport territory, except |
---|
1313 | 1286 | | upon the consent in writing given by t he owners of a majority in |
---|
1314 | 1287 | | acreage of the lands within such spaceport territory proposed to be |
---|
1315 | 1288 | | so incorporated within such municipality. No land within the |
---|
1316 | 1289 | | geographic boundaries of any spaceport territory shall be annexed to |
---|
1317 | 1290 | | or incorporated by any proceeding under any general or special law, |
---|
1344 | 1291 | | now or hereafter enacted into any town, city , or other municipality, |
---|
1345 | 1292 | | now existing or hereafter created, except upon the consent in |
---|
1346 | 1293 | | writing given by the owners of a majority in acreage of the lands |
---|
1347 | 1294 | | within such spaceport territory to be so annexed or incorporated. |
---|
1348 | 1295 | | F. E. In the event that the geographic boundaries of the |
---|
1349 | 1296 | | spaceport territory, as set forth in Section 13 5213 of this act |
---|
1350 | 1297 | | title, are revised so as to include within the spaceport territory |
---|
1351 | 1324 | | any areas not presently contained within the spaceport territory, |
---|
1352 | 1325 | | the Authority shall not engage in the business of furnishing |
---|
1353 | 1326 | | telephone service in such annexed area unless the Authority of fers |
---|
1354 | 1327 | | to purchase from any telephone company that is at the time engaged |
---|
1355 | 1328 | | in the business of furnishing telephone service within such annexed |
---|
1356 | 1329 | | area such portion of its plant and property suitable and used for |
---|
1357 | 1330 | | such business in connection therewith as lies with in the limits of |
---|
1358 | 1331 | | such annexed area. |
---|
1359 | 1332 | | G. F. In the event that the geographic limits of the spaceport |
---|
1360 | 1333 | | territory, as set forth in Section 13 5213 of this act title, are |
---|
1361 | 1334 | | revised so as to include within any spaceport territory any areas |
---|
1362 | 1335 | | not presently contained within any spaceport territory, the |
---|
1363 | 1336 | | Authority shall not engage in the business of furnis hing electric |
---|
1364 | 1337 | | power for sale in such annexed area, unless the Authority offers to |
---|
1365 | 1338 | | purchase from any person who is at the time engaged in the business |
---|
1366 | 1339 | | of making, generating or distributing electricity for sale within |
---|
1367 | 1340 | | such annexed area, such portion of its electric plant and property |
---|
1401 | 1374 | | be trust funds, to be held and applied solely as provided in this |
---|
1402 | 1375 | | act the Oklahoma Space Industry Development Act . The resolution |
---|
1403 | 1376 | | authorizing the bonds of any issue or the trust agreement securing |
---|
1404 | 1377 | | such bonds shall provide that any officer to whom , or any bank or |
---|
1405 | 1378 | | trust company to which, such money shall be paid shall act as |
---|
1406 | 1379 | | trustee of the monies and shall hold and apply the same for the |
---|
1407 | 1380 | | purposes hereof, subject to such regulations as this act the |
---|
1408 | 1381 | | Oklahoma Space Industry Development Act and such resolution or trust |
---|
1409 | 1382 | | agreement may provide. |
---|
1410 | 1383 | | SECTION 11. AMENDATORY 74 O.S. 2021, Section 5226, is |
---|
1411 | 1384 | | amended to read as follows: |
---|
1412 | 1385 | | Section 5226. Any holder of bonds issued under the provisions |
---|
1413 | 1386 | | of this act the Oklahoma Space Industry Develo pment Act or any of |
---|
1414 | 1387 | | the coupons appertaining thereto, and the trustee under the trust |
---|
1415 | 1388 | | agreement, except to the extent the rights herein given may be |
---|
1416 | 1389 | | restricted by such trust agreement, may, either at law or in equity, |
---|
1417 | 1390 | | by suit, action, mandamus, or other pr oceeding protect and enforce |
---|
1451 | 1424 | | SECTION 12. AMENDATORY 74 O.S. 2021, Secti on 5227, is |
---|
1452 | 1425 | | amended to read as follows: |
---|
1453 | 1426 | | Section 5227. Bonds issued under the provisions of this act the |
---|
1454 | 1427 | | Oklahoma Space Industry Development Act are hereby made securities |
---|
1455 | 1428 | | in which all public officers and public bodies, agencies, and |
---|
1456 | 1429 | | instrumentalities of t he state and its political subdivisions, all |
---|
1457 | 1430 | | banks, trust companies, trust and loan asso ciations, investment |
---|
1458 | 1431 | | companies, and others carrying on a banking business, and all |
---|
1459 | 1432 | | insurance companies and insurance associations, and others carrying |
---|
1460 | 1433 | | on an insurance business, may legally and properly invest funds |
---|
1461 | 1434 | | including capital in their control or belonging to them. |
---|
1462 | 1435 | | SECTION 13. AMENDATORY 74 O.S. 2021, Section 5228, is |
---|
1463 | 1436 | | amended to read as follows: |
---|
1464 | 1437 | | Section 5228. The Oklahoma Space Industry De velopment Authority |
---|
1465 | 1438 | | is authorized in its discretion to file an application with the |
---|
1466 | 1439 | | Supreme Court of Oklahoma for the approval of any bonds to be issued |
---|
1467 | 1440 | | hereunder, and exclusive original jurisdiction is hereby conferred |
---|
1501 | 1474 | | will ask the Court to hear its application and approve the bonds. |
---|
1502 | 1475 | | Such notice shall inf orm all persons interested that they may file |
---|
1503 | 1476 | | protests against the issuance of the bonds and be present at the |
---|
1504 | 1477 | | hearing and contest the legality thereof. Such notice shall be |
---|
1505 | 1478 | | published one time not less than ten (10) days prior to the date |
---|
1506 | 1479 | | named for the hearing and the hearing may be adjourned from time to |
---|
1507 | 1480 | | time in the discretion of the Court. If the Court shall be |
---|
1508 | 1481 | | satisfied that the bonds have been properly authorized in accordance |
---|
1509 | 1482 | | with this act the Oklahoma Space Industry Development Act and that |
---|
1510 | 1483 | | when issued, they will constitute valid obligations in accordance |
---|
1511 | 1484 | | with their terms, the Court shall render its written opinion |
---|
1512 | 1485 | | approving the bonds and shall fix the time within which a petition |
---|
1513 | 1486 | | for rehearing may be filed. The decision of the Court shall be a |
---|
1514 | 1487 | | judicial determination of the validity of the bonds, shall be |
---|
1515 | 1488 | | conclusive as to the Authority , its officers and agents, and |
---|
1516 | 1489 | | thereafter the bonds so approved and the revenues pledged to their |
---|
1517 | 1490 | | payment shall be incontestable in any court in this state. |
---|
1551 | 1524 | | Development Act, including the payment of any redemption premium |
---|
1552 | 1525 | | thereon and any interest accr ued or to accrue to the date of |
---|
1553 | 1526 | | redemption of such bonds, and, if the Authority shall so determine, |
---|
1554 | 1527 | | for the additional purpose of constructing improvements, extensions, |
---|
1555 | 1528 | | or enlargements of the project or projects in connection with which |
---|
1556 | 1529 | | the bonds to be refunded shall have been issued. The Authority is |
---|
1557 | 1530 | | further authorized to provide for the is suance of its revenue bonds |
---|
1558 | 1531 | | for the combined purpose of: |
---|
1559 | 1532 | | 1. Refunding any bonds then outstanding which shall have been |
---|
1560 | 1533 | | issued under the provisions of this act the Oklahoma Space Industry |
---|
1561 | 1534 | | Development Act, including the payment of any redemption premium |
---|
1562 | 1535 | | thereon and any interest accrued, or to accrue to the date of |
---|
1563 | 1536 | | redemption of such bonds; and |
---|
1564 | 1537 | | 2. Paying all or any part of the cost of any additional project |
---|
1565 | 1538 | | or projects as authorized by this act the Oklahoma Space Industry |
---|
1566 | 1539 | | Development Act. The issuance of such bonds, the maturities and |
---|
1567 | 1540 | | other details thereof, the rights of the holders thereof, and the |
---|
1601 | 1574 | | thereby. Pending the application of the proceeds of such refunding |
---|
1602 | 1575 | | bonds, with any other available funds, to the payment of the |
---|
1603 | 1576 | | principal, accrued interest, and any redemption premium of the bonds |
---|
1604 | 1577 | | being refunded, and if so provided or permitted in the resolution |
---|
1605 | 1578 | | authorizing the issuance of such refunding bonds or in the trust |
---|
1606 | 1579 | | agreement securing the same, to the payment of any interest on such |
---|
1607 | 1580 | | refunding bonds, and any expenses in connectio n with such refunding, |
---|
1608 | 1581 | | such proceeds may be invested in direct obligations of, or |
---|
1609 | 1582 | | obligations the principal of and the interest on which are |
---|
1610 | 1583 | | unconditionally guaranteed by, the United States of America which |
---|
1611 | 1584 | | shall mature or which shall be subject to redempt ion by the holder |
---|
1612 | 1585 | | thereof at the option of such holder, not later than the respective |
---|
1613 | 1586 | | dates when the proceeds, together with the interest accruing |
---|
1614 | 1587 | | thereon, will be required for the purposes intended. In lieu of |
---|
1615 | 1588 | | such investments, all or any part of such pr oceeds may be placed in |
---|
1616 | 1589 | | interest bearing time deposits or other similar arrangements may be |
---|
1617 | 1590 | | made with regard thereto which will assure that such proceeds, |
---|
1651 | 1624 | | benefit of the people of the state. The operation and maintenance |
---|
1652 | 1625 | | of projects by the Authority will constitute the performance of |
---|
1653 | 1626 | | essential governmental functions, and the Authority shall not be |
---|
1654 | 1627 | | required to pay any taxes or assessments upon any project or any |
---|
1655 | 1628 | | property acquired or used by the Authority under the provisions of |
---|
1656 | 1629 | | this act the Oklahoma Space Industry Development Act or upon the |
---|
1657 | 1630 | | income therefrom, and the bonds issued under the provisions of this |
---|
1658 | 1631 | | act the Oklahoma Space Industry Development Act , their transfer and |
---|
1659 | 1632 | | the income therefrom, incl uding any profit made on the sale thereof, |
---|
1660 | 1633 | | shall at all times be free from taxation within the state. |
---|
1661 | 1634 | | SECTION 16. AMENDATORY 74 O.S. 2021, Sect ion 5234, is |
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1662 | 1635 | | amended to read as follows: |
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1663 | 1636 | | Section 5234. The Board of Directors or any aggrieved person |
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1664 | 1637 | | may have recourse to such remedies in law and equity as may be |
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1665 | 1638 | | necessary to ensure compliance with the provisions of this act the |
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1666 | 1639 | | Oklahoma Space Industry Development Act, including injunctive relief |
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1667 | 1640 | | to enjoin or restrain any person from viol ating the provisions of |
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1694 | 1641 | | this act the Oklahoma Space Industry Development Act , and any rules, |
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1695 | 1642 | | resolutions, procedures, and orders adopted under this act the |
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1696 | 1643 | | Oklahoma Space Industry Development Act . The court shall, upon |
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1697 | 1644 | | proof of any such violation, have the duty to issue temporary and |
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1698 | 1645 | | permanent injunctions as are necessary to prevent further violation |
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1699 | 1646 | | thereof. In case any building or structure is erected, constructed, |
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1700 | 1647 | | reconstructed, altered, repaired, converted or maintained, or any |
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1701 | 1674 | | building, structure, la nd or water is used, in violation of this act |
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1702 | 1675 | | the Oklahoma Space Industry Development Act , or of any rules, |
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1703 | 1676 | | resolutions, procedures, or orders adopted under authority c onferred |
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1704 | 1677 | | by this act the Oklahoma Space Industry Development Act or under |
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1705 | 1678 | | law, the Board may institute any appropriate action or proceeding to |
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1706 | 1679 | | prevent such unlawful erection, construction, reconstruction, |
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1707 | 1680 | | alteration, repair, conversion, maintenance or use, to restrain, |
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1708 | 1681 | | correct or avoid such violations, to prevent the occupancy of such |
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1709 | 1682 | | building, structure, land or water, and to prevent any illegal act, |
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1710 | 1683 | | conduct, business or use in or about such premises, land or water. |
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1711 | 1684 | | SECTION 17. AMENDATORY 74 O.S. 2021, Section 5235, is |
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1712 | 1685 | | amended to read as follows: |
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1713 | 1686 | | Section 5235. It is the intent of the Legislature and the |
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1714 | 1687 | | public policy of this state that women, minorities, and socially, |
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1715 | 1688 | | physically, and economically disadvantaged business enterprises be |
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1716 | 1689 | | encouraged to participate fully in all phases of economic and |
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1717 | 1690 | | community development. Accordingly, to achieve such purpose, the |
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1744 | 1691 | | Oklahoma Space Industry Development Authority shall, in accordance |
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1745 | 1692 | | with applicable state and federal law, involve and utilize women, |
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1746 | 1693 | | minorities, and socially, physically , and economically disadvantaged |
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1747 | 1694 | | business enterprises in all phases of the design, development, |
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1748 | 1695 | | construction, maintenance, and operation of spaceports developed |
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1749 | 1696 | | under this act the Oklahoma Space Industry Developm ent Act. |
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1750 | 1723 | | SECTION 18. RECODIFICATION 74 O.S. 2021, Section 5201, |
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1751 | 1724 | | shall be recodified as Section 511 of Title 3 of the Oklahoma |
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1752 | 1725 | | Statutes, unless there is created a duplication in numbering. |
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1753 | 1726 | | SECTION 19. RECODIFICATION 74 O.S. 2021, Section 5202, |
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1754 | 1727 | | as amended by Section 2 of this act, shall be recodified as Section |
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1755 | 1728 | | 512 of Title 3 of the Oklahoma Statutes, unless there is created a |
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1756 | 1729 | | duplication in numbering. |
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1757 | 1730 | | SECTION 20. RECODIFICATION 74 O.S. 20 21, Section 5203, |
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1758 | 1731 | | shall be recodified as Section 513 of Title 3 of the Oklahoma |
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1759 | 1732 | | Statutes, unless there is created a duplication in numbering. |
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1760 | 1733 | | SECTION 21. RECODIFICATION 74 O.S. 2021, Section 5204, |
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1761 | 1734 | | as amended by Section 3 of this act, shall be recodified as Section |
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1762 | 1735 | | 514 of Title 3 of the Oklahoma Statutes, unless there is created a |
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1763 | 1736 | | duplication in numbering. |
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1764 | 1737 | | SECTION 22. RECODIFICATION 74 O.S. 2021, Section 5205, |
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1765 | 1738 | | as amended by Section 4 of this act, shall be recodi fied as Section |
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1766 | 1739 | | 515 of Title 3 of the Oklahoma Statutes, unless there is created a |
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1767 | 1740 | | duplication in numbering. |
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1799 | 1772 | | SECTION 24. RECODIFICATION 74 O.S. 2021, Section 5208 , |
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1800 | 1773 | | shall be recodified as Section 517 of Title 3 of the Oklahoma |
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1801 | 1774 | | Statutes, unless there i s created a duplication in numbering. |
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1802 | 1775 | | SECTION 25. RECODIFICATION 74 O.S. 2021, Section |
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1803 | 1776 | | 5208.1, as amended by Section 6 of this act, shall be rec odified as |
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1804 | 1777 | | Section 518 of Title 3 of the Oklahoma Statutes, unless there is |
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1805 | 1778 | | created a duplication in numbering. |
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1806 | 1779 | | SECTION 26. RECODIFICATION 74 O.S. 2021, Section |
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1807 | 1780 | | 5208.2, shall be recodified as Section 519 of Title 3 of the |
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1808 | 1781 | | Oklahoma Statutes, unless there is created a duplication in |
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1809 | 1782 | | numbering. |
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1810 | 1783 | | SECTION 27. RECODIFICATION 74 O.S. 2021, Section 5209, |
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1811 | 1784 | | as amended by Section 7 of this act, shall be recodified as Section |
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1812 | 1785 | | 520 of Title 3 of the Oklahoma Statutes, unless there is created a |
---|
1813 | 1786 | | duplication in numbering. |
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1814 | 1787 | | SECTION 28. RECODIFICATION 74 O.S. 2021, Section 5210, |
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1815 | 1788 | | shall be recodified as Section 521 of Title 3 of the Oklahoma |
---|
1816 | 1789 | | Statutes, unless there is created a duplication in numbering. |
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1849 | 1822 | | SECTION 31. RECODIFICATION 74 O.S. 2021, Section 5214, |
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1850 | 1823 | | shall be recodified as Section 524 of Title 3 of the Oklahoma |
---|
1851 | 1824 | | Statutes, unless there is created a duplication in numbering. |
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1852 | 1825 | | SECTION 32. RECODIFICATION 74 O.S. 2021, Section 5215, |
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1853 | 1826 | | shall be recodified as Section 525 of Title 3 of the Oklahoma |
---|
1854 | 1827 | | Statutes, unless there is created a duplication in numbering. |
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1855 | 1828 | | SECTION 33. RECODIFICATION 74 O.S. 2021, Section 5216, |
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1856 | 1829 | | shall be recodified as Section 526 of Title 3 of the Oklahoma |
---|
1857 | 1830 | | Statutes, unless there is created a duplication in numbering. |
---|
1858 | 1831 | | SECTION 34. RECODIFICATION 74 O.S. 2021, Section 5217, |
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1859 | 1832 | | shall be recodified as Sec tion 527 of Title 3 of the Oklahoma |
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1860 | 1833 | | Statutes, unless there is created a duplication in numbering. |
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1861 | 1834 | | SECTION 35. RECODIFICATION 74 O.S. 2021, Secti on 5218, |
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1862 | 1835 | | shall be recodified as Section 528 of Title 3 of the Oklahoma |
---|
1863 | 1836 | | Statutes, unless there is created a duplication in numbering. |
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1864 | 1837 | | SECTION 36. RECODIFICATION 74 O.S. 2021, Section 5219, |
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1865 | 1838 | | as amended by Section 8 of this act, shall b e recodified as Section |
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1898 | 1871 | | SECTION 38. RECODIFICATION 74 O.S. 2021, Section 5221, |
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1899 | 1872 | | shall be recodified as Section 531 of Title 3 of the Oklahoma |
---|
1900 | 1873 | | Statutes, unless there is created a duplication in numbering. |
---|
1901 | 1874 | | SECTION 39. RECODIFICATION 74 O.S. 2021, Section 5222, |
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1902 | 1875 | | shall be recodified as Section 532 of Title 3 of the Oklahoma |
---|
1903 | 1876 | | Statutes, unless there is created a duplication in numbering. |
---|
1904 | 1877 | | SECTION 40. RECODIFICATION 74 O.S. 2021, Section 5223, |
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1905 | 1878 | | shall be recodified as Section 533 of Title 3 of the Oklahoma |
---|
1906 | 1879 | | Statutes, unless there is created a duplication in numbering. |
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1907 | 1880 | | SECTION 41. RECODIFICATION 74 O.S. 2021, Section 5224, |
---|
1908 | 1881 | | shall be recodified as Section 534 of Title 3 of the Oklahoma |
---|
1909 | 1882 | | Statutes, unless there is created a duplication in numbering. |
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1910 | 1883 | | SECTION 42. RECODIFICATION 74 O.S. 2021, Section 5225, |
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1911 | 1884 | | as amended by Section 10 of this act, shall be recodified as Section |
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1912 | 1885 | | 535 of Title 3 of the Oklahoma Statutes, unless there is created a |
---|
1913 | 1886 | | duplication in numbering. |
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1914 | 1887 | | SECTION 43. RECODIFICATION 74 O.S. 2021, Section 5226, |
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1915 | 1888 | | as amended by Section 11 of this act, shall be recodified as Section |
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1948 | 1921 | | SECTION 45. RECODIFICATION 74 O.S. 2021, Section 5228, |
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1949 | 1922 | | as amended by Section 13 of this act, shall be recodified as Section |
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1950 | 1923 | | 538 of Title 3 of the Oklahoma Statutes, unless there is created a |
---|
1951 | 1924 | | duplication in numbering. |
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1952 | 1925 | | SECTION 46. RECODIFICATION 74 O.S. 2021, Section 5229, |
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1953 | 1926 | | as amended by Section 14 of this act, shall be recodified as Section |
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1954 | 1927 | | 539 of Title 3 of the O klahoma Statutes, unless there is created a |
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1955 | 1928 | | duplication in numbering. |
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1956 | 1929 | | SECTION 47. RECODIFICATION 74 O.S. 2021, Section 5230, |
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1957 | 1930 | | shall be recodified as Section 540 of Title 3 of the Oklahoma |
---|
1958 | 1931 | | Statutes, unless there is created a duplicati on in numbering. |
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1959 | 1932 | | SECTION 48. RECODIFICATION 74 O.S. 2021, Sectio n 5231, |
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1960 | 1933 | | as amended by Section 15 of this act, shall be recodified as Section |
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1961 | 1934 | | 541 of Title 3 of the Oklahoma Statutes, unless there is created a |
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1962 | 1935 | | duplication in numbering . |
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1963 | 1936 | | SECTION 49. RECODIFICATION 74 O.S. 2021, Section 5232, |
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1964 | 1937 | | shall be recodified as Section 542 of Title 3 of the Oklahoma |
---|
1965 | 1938 | | Statutes, unless there is created a duplication in numbering. |
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1997 | 1970 | | 544 of Title 3 of the Oklahoma Statutes, unless there is created a |
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1998 | 1971 | | duplication in numbering. |
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1999 | 1972 | | SECTION 52. RECODIFICATION 74 O.S. 2021, Section 5235, |
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2000 | 1973 | | as amended by Section 17 of this act, sh all be recodified as Section |
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2001 | 1974 | | 545 of Title 3 of the Oklahoma Statutes, unless there is cr eated a |
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2002 | 1975 | | duplication in numbering. |
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2003 | 1976 | | SECTION 53. RECODIFICATION 74 O.S. 2021, Section 5236, |
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2004 | 1977 | | shall be recodified as Section 546 of Title 3 of the Ok lahoma |
---|
2005 | 1978 | | Statutes, unless there is created a duplication in numbering. |
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2006 | 1979 | | SECTION 54. RECODIFICATION 74 O.S. 2021, Section 5237, |
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2007 | 1980 | | shall be recodified as Section 547 of Title 3 of the Oklahoma |
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2008 | 1981 | | Statutes, unless there is created a duplicatio n in numbering. |
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2009 | 1982 | | SECTION 55. REPEALER 74 O.S. 2021, Section 5206, is |
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2010 | 1983 | | hereby repealed. |
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2011 | | - | SECTION 56. This act shall become effective July 1, 2025. |
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2012 | | - | |
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2013 | | - | Req. No. 13599 Page 41 1 |
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2014 | | - | 2 |
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2015 | | - | 3 |
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2016 | | - | 4 |
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2017 | | - | 5 |
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2018 | | - | 6 |
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2019 | | - | 7 |
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2020 | | - | 8 |
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2021 | | - | 9 |
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2022 | | - | 10 |
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2023 | | - | 11 |
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2024 | | - | 12 |
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2025 | | - | 13 |
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2026 | | - | 14 |
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2027 | | - | 15 |
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2028 | | - | 16 |
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2029 | | - | 17 |
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2034 | | - | 22 |
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2035 | | - | 23 |
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2036 | | - | 24 |
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2037 | | - | |
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2038 | | - | SECTION 57. It being immediately necessary for the preservation |
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2039 | | - | of the public peace, health or safety, an emergency is hereby |
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2040 | | - | declared to exist, by reason whereof this act shall take effect and |
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2041 | | - | be in full force from and after its passage and approval. |
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2042 | | - | |
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2043 | | - | 60-1-13599 TKR 04/22/25 |
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2044 | | - | |
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| 1984 | + | SECTION 56. This act shall become effective November 1, 2025 . |
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| 1985 | + | |
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| 1986 | + | ENGR. S. B. NO. 912 Page 41 1 |
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| 1987 | + | 2 |
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| 1988 | + | 3 |
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| 1989 | + | 4 |
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| 2007 | + | 22 |
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| 2008 | + | 23 |
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| 2009 | + | 24 |
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| 2010 | + | |
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| 2011 | + | Passed the Senate the 27th day of March, 2025. |
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| 2012 | + | |
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| 2013 | + | |
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| 2014 | + | |
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| 2015 | + | Presiding Officer of the Senate |
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| 2016 | + | |
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| 2017 | + | |
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| 2018 | + | Passed the House of Representatives the ____ day of __________, |
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| 2019 | + | 2025. |
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| 2020 | + | |
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| 2021 | + | |
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| 2022 | + | |
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| 2023 | + | Presiding Officer of the House |
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| 2024 | + | of Representatives |
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