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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 730 By: Hines
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4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma Department of
7 Aerospace and Aeronautics; amending 3 O.S. 2021,
8 Section 85, as last amended by Section 1, Chapter
8 452, O.S.L. 2024 (3 O.S. Supp. 2024, Section 85),
9 which relates to the Department and its Director's
9 powers and duties; requiring Department to develop
10 certain program; requiring Department to adopt
10 certain plan; modifying qualification for certain
11 financial assistance; updating statutory language;
11 updating statutory reference; and providing an
12 effective date.
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 3 O.S. 2021, Section 85, as last
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16 amended by Section 1, Chapter 452, O.S.L. 2024 (3 O.S. Supp. 2024,
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17 Section 85), is amended to read as follows:
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18 Section 85. A. The Oklahoma Department of Aerospace and
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19 Aeronautics and its Director acting under its authority is empowered
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20 and directed to encourage, foster, and assist in the development of
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21 aerospace and aeronautics in this state and to encourage the
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22 establishment of airports and air navigation facilities. It shall
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23 cooperate with and assist the federal government, the municipalities
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24 of this state, and other persons in the development of aerospace and
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Req. No. 511 Page 1
1 aeronautics, and shall seek to coordinate the aeronautical
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2 activities of these bodies and persons. Municipalities are
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3 authorized to cooperate with the Department in the development of
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4 aeronautics and aeronautical facilities in this state.
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5 B. The Department may organize and administer an aerospace and
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6 aviation education program in cooperation with the schools,
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7 colleges, and for the general public, and may prepare and conduct
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8 voluntary flight clinics for airmen and issue such bulletins and
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9 publications as may be required. This program shall be known and
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10 may be cited as the "AeroSPACE Program" or "Aero Student Pathways
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11 for Aerospace Careers and Education". This program shall be a
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12 partnership with primary, secondary, career technology, and higher
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13 education providers to respond to the workforce needs of the
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14 aviation and aerospace industry by promoting and organizing quality
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15 curriculum, enhanced classroom instruction, and research-based
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16 educational programs. The AeroSPACE Program shall collaborate with
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17 industry and act as the facilitator for the collection and sharing
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18 of information, development and implementation of activities, and
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19 the dissemination of resources concerning aerospace education with
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20 the primary goal being to establish a common statewide strategy for
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21 implementing aerospace educational curriculum initiatives to better
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22 prepare students for an aviation and aerospace career. The Oklahoma
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23 Aeronautics Commission may employ established program processes or
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24 contract with other qualified entities to operate the AeroSPACE
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Req. No. 511 Page 2
1 Program. The Oklahoma Aeronautics Commission may accept funding
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2 that includes, but is not limited to, donations, contractual
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3 arrangements, in-kind services, federal or state appropriations, and
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4 grants.
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5 C. The Department shall assist in all aeronautical matters
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6 related to emergency management actions in conformance with federal
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7 directions and with the Emergency Operations Plan of the state.
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8 D. The Department may establish air markers throughout the
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9 state.
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10 E. The Department may purchase and install roadside signs
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11 directing highway traffic to airports, subject to approval of the
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12 State Transportation Commission.
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13 F. The Department shall:
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14 1. Draft and recommend necessary legislation to advance the
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15 interests of the state in aerospace and aeronautics;
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16 2. Represent the state in aeronautical matters before federal
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17 agencies and other state agencies; and
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18 3. Participate as party plaintiff or defendant or as intervener
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19 on behalf of the state or any municipality or citizen thereof in any
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20 proceeding which involves the interest of the state in aerospace or
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21 aeronautics.
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22 G. 1. The Department shall develop and adopt a five-year
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23 Airport Construction Program on an annual basis which lists federal
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24 and state funding that the Department has available for the
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Req. No. 511 Page 3
1 development of airport infrastructure. In addition, the Department
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2 shall adopt a statewide airport system plan on a regular basis which
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3 details the twenty-year planning horizon for publicly owned, public-
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4 use airports and sets the service level, role, and functional
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5 classification of airports within the Oklahoma Airport System. The
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6 system plan will be made available to the public and shall serve as
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7 the Department's official document which guides the programming of
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8 public funds for airport infrastructure. An airport must be
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9 included in the system plan to be eligible for funding.
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10 2. The development of the five-year Airport Construction
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11 Program shall begin with supporting and achieving the goals laid out
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12 in the statewide airport system plan and will be guided by the air
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13 transportation needs and priorities of airports within the system.
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14 The basic goals within the system plan include, but are not limited
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15 to, airport safety, security, infrastructure preservation and
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16 sustainment, economic enhancement, capacity, meeting Federal
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17 Aviation Administration (FAA) or Department standards, and pro-
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18 growth development.
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19 3. The Department shall involve public input during the
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20 development of the five-year Airport Construction Program each year
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21 and coordinate and receive input from the airports within the
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22 statewide airport system plan.
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23 4. The Department shall set realistic project delivery
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24 schedules across the five-year window of the Airport Construction
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Req. No. 511 Page 4
1 Program to maintain the integrity of the Program and to minimize air
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2 transportation disruptions.
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3 H. 1. The Department may, insofar as is reasonably possible,
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4 make available its engineering and other technical services to any
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5 municipality or person desiring them in connection with the
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6 planning, acquisition, construction, improvement, maintenance, or
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7 operation of airports or navigation facilities.
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8 2. The Department may render financial assistance by grant or
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9 loan or both to any municipality or municipalities acting jointly in
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10 the planning, acquisition, construction, improvement, maintenance,
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11 or operation of an airport owned or controlled, or to be owned or
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12 controlled, by such municipality or municipalities, out of
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13 appropriations or other monies made available by the Legislature for
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14 such purposes. Such financial assistance may be furnished in
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15 connection with federal or other financial aid for the same
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16 purposes. A project must have been included in the five-year
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17 Airport Construction Program and be at an airport that is included
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18 in the most current version of the statewide airport system plan to
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19 receive financial assistance.
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20 3. The Department shall be designated as the agent of this
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21 state or political subdivision of this state for the purpose of
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22 applying for, receiving, administering, and disbursing federal funds
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23 and other public monies for the benefit of general aviation
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24 airports, except reliever airports, as may be available under
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Req. No. 511 Page 5
1 applicable federal law or other laws. If requested by a political
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2 subdivision, the Department may act as its or their agent in
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3 contracting for and supervising such planning, acquisition,
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4 construction, improvement, maintenance, or operation; and all
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5 political subdivisions are authorized to designate the Department as
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6 their agent for the foregoing purposes. The Department, as
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7 principal on behalf of the state, may enter into any contracts with
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8 the United States or with any person, which may be required in
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9 connection with a grant or loan of federal monies for municipal
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10 airport or air navigation facility purposes. All federal monies
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11 accepted under this section shall be accepted and transferred or
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12 expended by the Department upon such terms and conditions as are
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13 prescribed by the United States. All monies received by the
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14 Department pursuant to this section shall be deposited in the
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15 Oklahoma Department of Aerospace and Aeronautics Revolving Fund in
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16 the State Treasury and shall be paid out by the Department in
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17 accordance with the terms and conditions of any agreement entered
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18 into under the provisions of this section.
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19 H. I. 1. The Department is authorized on behalf of and in the
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20 name of the state, out of appropriations and other monies made
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21 available for such purposes, to plan, zone, establish, construct,
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22 enlarge, improve, maintain, equip, operate, regulate, protect, and
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23 police airports and air navigation facilities, either within or
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24 without the state, including the construction, installation,
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Req. No. 511 Page 6
1 equipping, maintenance, and operation at such airports of buildings
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2 and other facilities for the servicing of aircraft or for the
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3 comfort and accommodation of air travelers. However, the regulatory
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4 authority shall not extend to any airman employed by, nor to any
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5 aeronautics facility or aircraft under the exclusive possession,
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6 operation, or control of, a person holding a certificate of public
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7 convenience and necessity issued by any agency of the United States
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8 to operate as a common carrier by air of persons and/or property in
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9 interstate commerce. For such purposes the Department may, by
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10 purchase, gift, devise, or lease, acquire property, real or
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11 personal, or any interest therein including easements in
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12 aeronautical hazards or land outside the boundaries of an airport or
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13 airport site, as are necessary to permit safe and efficient
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14 operation of the state airports or to permit the removal,
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15 elimination, obstruction-marking or obstruction-lighting of airport
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16 hazards, or to prevent the establishment of airport hazards. In
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17 like manner the Department may acquire existing airports and air
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18 navigation facilities. However, the Department shall not acquire or
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19 take over any airport or air navigation facility owned or controlled
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20 by a municipality of this or any other state without the consent of
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21 such municipality. The Department may, by sale, lease, or
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22 otherwise, dispose of any such property, airport, air navigation
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23 facility, or portion thereof or interest therein. The disposal, by
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24 sale, lease, or otherwise, shall be in accordance with the laws of
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Req. No. 511 Page 7
1 this state governing the disposition of other property of the state,
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2 except that, in the case of disposals to any municipality or state
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3 government or the United States for aeronautical purposes incident
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4 thereto, the sale, lease, or other disposal may be effected in such
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5 manner and upon such terms as the Department may deem in the best
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6 interest of the state.
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7 2. All airports owned by the state shall be within the primary
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8 jurisdiction of the Oklahoma Department of Aerospace and Aeronautics
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9 for purposes of design, development, and operation; provided, that
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10 airports owned and operated by the Oklahoma Space Industry
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11 Development Authority shall be exempt from such provisions, and
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12 during the time of a national emergency, the Air National Guard
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13 shall be exempt from such provisions, and provided further, that any
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14 airport owned by the state may be leased by the Department to a
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15 public or private agency, as it may deem fit.
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16 3. Nothing contained in the Oklahoma Department of Aerospace
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17 and Aeronautics Act shall be construed to limit any right, power, or
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18 authority of the state or a municipality to regulate airport hazards
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19 by zoning.
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20 4. The Department may exercise any powers granted by this
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21 section jointly with any municipalities or with the United States.
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22 5. a. In operating an airport or air navigation facility
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23 owned or controlled by the state, the Department may
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24 enter into contracts, leases, and other arrangements
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Req. No. 511 Page 8
1 for a term not exceeding twenty-five (25) years with
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2 any persons granting the privilege of using or
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3 improving such airport or air navigation facility or
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4 any portion or facility thereof or space therein for
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5 commercial purposes; conferring the privilege of
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6 supplying goods, commodities, things, services, or
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7 facilities at such airport or air navigation facility;
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8 or making available services to be furnished by the
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9 Department or its agents at such airport or air
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10 navigation facility.
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11 In each such case the Department may establish the
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12 terms and conditions and fix the charges, rentals, or
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13 fees for the privileges or services, which shall be
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14 reasonable and uniform for the same class of
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15 privileges or services and shall be established with
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16 due regard to the property and improvements used and
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17 the expenses of operation to the state; provided, that
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18 in no case shall the public be deprived of its
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19 rightful, equal, and uniform use of the airport, air
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20 navigation facility or portion or facility thereof.
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21 b. The Department may by contract, lease, or other
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22 arrangement, upon a consideration fixed by it, grant
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23 to any qualified person for a term not to exceed
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24 twenty-five (25) years the privilege of operating, as
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Req. No. 511 Page 9
1 agent of the state or otherwise, any airport owned or
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2 controlled by the state; provided, that no such person
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3 shall be granted any authority to operate the airport
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4 other than as a public airport or to enter into any
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5 contracts, leases, or other arrangements in connection
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6 with the operation of the airport which the Department
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7 might not have undertaken under subparagraph a of this
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8 paragraph.
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9 c. To enforce the payment of any charges for repairs to,
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10 or improvements, storage, or care of, any personal
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11 property made or furnished by the Department or its
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12 agents in connection with the operation of an airport
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13 or air navigation facility owned or operated by the
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14 state, the state shall have liens on such property,
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15 which shall be enforceable by the Department as
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16 provided by law.
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17 6. In accepting federal monies under this section, the
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18 Department shall have the same authority to enter into contracts on
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19 behalf of the state as is granted to the Department under paragraph
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20 3 of subsection G H of this section with respect to federal monies
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21 accepted on behalf of municipalities. All monies received by the
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22 Department pursuant to this section shall be deposited in the
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23 Oklahoma Department of Aerospace and Aeronautics Revolving Fund in
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24 the State Treasury and shall be paid out of the Department Fund in
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Req. No. 511 Page 10
1 accordance with the terms and conditions of any agreement entered
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2 into under the provisions of this section.
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3 7. The Department shall grant no exclusive right for the use of
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4 any airport or air navigation facility under its jurisdiction. This
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5 shall not be construed to prevent the making of contracts, leases,
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6 and other arrangements pursuant to paragraph 5 of this subsection.
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7 I. J. The Department may enter into any contracts necessary to
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8 the execution of the powers granted it by the Oklahoma Department of
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9 Aerospace and Aeronautics Act. All contracts made by the
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10 Department, either as the agent of the state or as the agent of any
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11 municipality, shall be made pursuant to the laws of the state
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12 governing the making of like contracts. When the planning,
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13 acquisition, construction, improvement, maintenance, or operation of
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14 any airport or air navigation facility is financed wholly or
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15 partially with federal monies, the Department as agent of the state
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16 or of any municipality may let contracts in the manner prescribed by
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17 the federal authorities acting under the laws of the United States
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18 and any rules or regulations made thereunder.
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19 J. K. 1. The Commission, the Director, or any officer or
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20 employee of the Department designated by it shall have the power to
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21 hold investigations, inquiries, and hearings concerning matters
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22 covered by the provisions of the Oklahoma Department of Aerospace
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23 and Aeronautics Act and the rules, regulations, and orders of the
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24 Department. Hearings shall be open to the public and shall be held
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Req. No. 511 Page 11
1 upon such call or notice as the Commission shall deem advisable.
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2 Each member of the Commission, the Director, and every officer or
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3 employee of the Department designated by it to hold any inquiry,
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4 investigation, or hearing shall have the power to administer oaths
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5 and affirmations, certify to all official acts, issue subpoenas, and
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6 order the attendance and testimony of witnesses and the production
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7 of papers, books, and documents. In case of the failure of any
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8 person to comply with any subpoena or order issued under the
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9 authority of this subsection, or on the refusal of any witness to
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10 testify to any matters regarding which he may be lawfully
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11 interrogated, it shall be the duty of the district court of any
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12 county or of the judge thereof, on application of the Department or
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13 its authorized representative, to compel obedience by proceedings
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14 for contempt, as in the case of disobedience of the requirements of
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15 a subpoena issued from such court or a refusal to testify therein.
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16 2. In order to facilitate the making of investigations by the
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17 Department in the interest of public safety and promotion of
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18 aeronautics the public interest requires, and it is therefore
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19 provided, that the reports of investigations or hearings, or any
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20 part thereof, shall not be admitted in evidence or used for any
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21 purpose in any suit, action, or proceeding growing out of any matter
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22 referred to in the investigation, hearing, or report thereof, except
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23 in case of any suit, action, or proceeding, civil or criminal,
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24 instituted by or in behalf of the Department or in the name of the
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Req. No. 511 Page 12
1 state under the provisions of the Oklahoma Department of Aerospace
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2 and Aeronautics Act or other laws of the state relating to
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3 aeronautics; nor shall any member of the Commission, or the
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4 Director, or any officer or employee of the Department be required
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5 to testify to any facts ascertained in, or information gained by
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6 reason of, such person's official capacity, or be required to
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7 testify as an expert witness in any suit, action, or proceeding
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8 involving any aircraft. Subject to the foregoing provisions, the
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9 Department may in its discretion make available to appropriate
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10 federal, state and municipal agencies information and material
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11 developed in the course of its investigations and hearings.
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12 K. L. 1. The Department is authorized to confer with or to
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13 hold joint hearings with any agency of the United States in
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14 connection with any matter arising under the Oklahoma Department of
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15 Aerospace and Aeronautics Act or relating to the sound development
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16 of aerospace and aeronautics.
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17 2. The Department is authorized to avail itself of the
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18 cooperation, services, records, and facilities of the agencies of
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19 the United States as fully as may be practicable in the
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20 administration and enforcement of the Oklahoma Department of
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21 Aerospace and Aeronautics Act. The Department shall furnish to the
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22 agencies of the United States its cooperation, services, records,
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23 and facilities, insofar as may be practicable.
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Req. No. 511 Page 13
1 3. The Department shall report to the appropriate agency of the
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2 United States all accidents in aeronautics in this state of which it
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3 is informed and shall, insofar as is practicable, preserve, protect,
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4 and prevent the removal of the component parts of any aircraft
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5 involved in an accident being investigated by it until the federal
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6 agency institutes an investigation.
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7 L. M. The Department may organize and administer an aerospace
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8 education program in cooperation with universities, colleges and
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9 schools for the general public. The Department may also plan and
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10 act jointly in a cooperative aviation research or high technology
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11 program. As part of these programs, the Department may issue
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12 aviation communication films and publications.
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13 M. N. The Department shall administer an airport inspection
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14 program for all public-use airports within this state. The
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15 inspection program shall occur on a three-year cycle and shall be
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16 administered by the Oklahoma Department of Aerospace and
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17 Aeronautics. Airport owners, including individuals and
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18 municipalities, shall provide access to airport facilities for
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19 conducting the inspections. The Department shall provide a written
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20 report to each public-use airport detailing the findings of such
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21 inspections.
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22 SECTION 2. This act shall become effective November 1, 2025.
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24 60-1-511 MSBB 1/19/2025 5:42:10 AM
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Req. No. 511 Page 14Every fact on this page links to its source, starting with the official bill record.