1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1912 By: Haste
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6 AS INTRODUCED
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7 An Act relating to municipal vertiports; amending 3
7 O.S. 2021, Sections 65.1, 65.2, 65.4, 65.5, 65.6,
8 65.7, 65.8, 65.10, 65.12, 65.15, 65.16, and 65.17,
8 which relate to the Municipal Airports Act; defining
9 terms; adding certain references to vertiports;
9 amending 3 O.S. 2021, Sections 82 and 85, as amended
10 by Sections 2 and 5, Chapter 126, O.S.L. 2023 (3 O.S.
10 Supp. 2023, Sections 82 and 85), which relate to the
11 Oklahoma Department of Aerospace and Aeronautics;
11 defining terms; adding certain references to
12 vertiports; amending 3 O.S. 2021, Section 421, as
12 last amended by Section 15, Chapter 365, O.S.L. 2023
13 (3 O.S. Supp. 2023, Section 421), which relates to
13 unmanned aircraft systems; authorizing the Oklahoma
14 Department of Aerospace and Aeronautics to develop
14 certain plans to integrate vertiports; allowing the
15 Department to enter into partnerships with political
15 subdivisions to create certain infrastructure;
16 updating statutory references; and providing an
16 effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. AMENDATORY 3 O.S. 2021, Section 65.1, is
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21 amended to read as follows:
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22 Section 65.1. As used in this act the Municipal Airports Act,
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23 unless the text otherwise requires:
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 1 (a) 1. “Airport” means an area on land or water that is used,
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2 or intended to be used, for the landing and taking off of aircraft,
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3 and includes its buildings and facilities, if any.;
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4 (b) 2. “Air navigation facility” means any facility - other
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5 than one owned and operated by the United States - used in,
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6 available for use in, or designed for use in, aid of air navigation,
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7 including any structures, mechanisms, lights, beacons, markers,
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8 communicating systems, or other instrumentalities, or devices used
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9 or useful as an aid, or constituting an advantage or convenience, to
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10 the safe taking off, navigation, and landing of aircraft, or the
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11 safe and efficient operation or maintenance of an airport, and any
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12 combination of any or all of such facilities.;
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13 (c) 3. “Airport hazard” means any structure, object of natural
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14 growth, or use of land which obstructs the airspace required for the
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15 flight of aircraft in landing or taking off at an airport or is
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16 otherwise hazardous to such landing or taking off of aircraft.;
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17 (d) 4. “Helipad” means a small designated area, usually with a
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18 prepared surface, on a heliport, airport, landing or takeoff area,
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19 apron or ramp, or movement area used for takeoff, landing or parking
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20 of helicopters.;
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21 (e) 5. “Heliport” means an area of land, water or structure
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22 used or intended to be used for the landing and takeoff of
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23 helicopters and includes its buildings and facilities, if any.;
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 1 (f) 6. “Municipality” means any county, city, or town of this
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2 state. “Municipal” means pertaining to a municipality as herein
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3 defined.;
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4 (g) 7. “Person” means any individual, firm, partnership,
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5 corporation, company, association, joint stock association, or body
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6 politic; and includes any trustee, receiver, assignee or other
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7 similar representative thereof;
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8 8. “Vertiport” means an area of land, water, or structure used
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9 or intended to be used for the landing and takeoff of VTOL aircraft;
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10 and
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11 9. “VTOL aircraft” means an aircraft which has vertical takeoff
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12 and landing capability.
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13 SECTION 2. AMENDATORY 3 O.S. 2021, Section 65.2, is
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14 amended to read as follows:
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15 Section 65.2. (a) A. Establishment, Operation, Land
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16 Acquisition. Every municipality is authorized, out of any
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17 appropriations or other monies made available for such purpose, to
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18 plan, establish, develop, construct, enlarge, improve, maintain,
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19 equip, operate, regulate, protect and police airports, vertiports,
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20 and air navigation facilities, either within or without the
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21 territorial limits of such municipality and or within or without the
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22 territorial boundaries of this state, including the construction,
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23 installation, equipment, maintenance and operation at such airports
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24 of buildings and other facilities for the servicing of aircraft or
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 1 for the comfort and accommodation of air travelers, and the purchase
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2 and sale of supplies, goods and commodities as an incident to the
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3 operation of its airport properties. For such purposes the
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4 municipality may use any available property that it may now or
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5 hereafter own or control and may, by purchase, gift, devise, lease,
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6 eminent domain proceedings or otherwise, acquire property, real or
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7 personal, or any interest therein including easements in airport
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8 hazards or land outside the boundaries of an airport, vertiport, or
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9 airport site as are necessary to permit safe and efficient operation
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10 of the airport or vertiport or to permit the removal, elimination,
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11 obstruction-marking, or obstruction-lighting of airport hazards or
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12 to prevent the establishment of airport hazards.
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13 (b) B. Acquisition of Existing Airports. Any municipality may
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14 by purchase, gift, devise or lease acquire existing airports,
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15 vertiports, and air navigation facilities, provided however it shall
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16 not acquire or take over any airport or air navigation facility
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17 without the consent of the owner thereof.
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18 (c) C. Establishment of Airports on Public Waters and Reclaimed
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19 Lands. For the purposes of this act the Municipal Airports Act, a
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20 municipality may establish or acquire and maintain, within or
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21 bordering upon the territorial limits of the municipality, airports
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22 in, over and upon, any public waters of this state, any submerged
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23 lands under such public waters, and any artificial or reclaimed
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24 lands which before the artificial making or reclamation thereof
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 1 constituted a portion of the submerged lands under such public
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2 waters; and may construct and maintain terminal building, landing
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3 floats, causeways, roadways and bridges for approaches to or
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4 connecting with any such airport, and landing floats and breakwaters
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5 for the protection thereof.
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6 (d) D. Limitation on Design and Operation of Air Navigation
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7 Facilities. All air navigation facilities established or operated
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8 by municipalities shall be supplementary to and coordinated in
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9 design and operation with those established and operated by the
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10 federal and state governments.
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11 SECTION 3. AMENDATORY 3 O.S. 2021, Section 65.4, is
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12 amended to read as follows:
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13 Section 65.4. Except as may be limited by the terms and
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14 conditions of any grant, loan, or agreement pursuant to Section 13
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15 of this act Section 65.13 of this title, every municipality may by
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16 sale, lease or otherwise, dispose of any airport, vertiport, air
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17 navigation facility, or other property, or portion thereof or
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18 interest therein, acquired pursuant to this act. Such disposal by
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19 sale, lease, or otherwise, shall be in accordance with the laws of
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20 this state, or provisions of the charter of the municipality,
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21 governing the disposition of other property of the municipality,
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22 except that in the case of the disposal of another municipality or
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23 agency of the state or federal government for aeronautical purposes
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24 incident thereto, the sale, lease, or other disposal may be effected
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 1 in such manner and upon such terms as the governing body of the
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2 municipality may deem in the best interest of the municipality.
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3 SECTION 4. AMENDATORY 3 O.S. 2021, Section 65.5, is
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4 amended to read as follows:
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5 Section 65.5. A. Under Municipal Operation. In operating an
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6 airport, vertiport, or air navigation facility or aircraft
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7 maintenance or manufacturing facility owned, leased or controlled by
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8 a municipality, such municipality may, except as may be limited by
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9 the terms and conditions of any grant, loan, or agreement pursuant
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10 to Section 65.13 of this title, enter into contracts, leases and
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11 other arrangements for a primary term not exceeding fifty (50) years
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12 with any persons:
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13 1. Granting the privilege of using or improving such airport,
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14 vertiport, air navigation facility, or aircraft maintenance or
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15 manufacturing facility or any portion or facility thereof, or space
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16 therein for commercial purposes;
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17 2. Conferring the privilege of supplying goods, commodities,
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18 things, services or facilities at such airport, vertiport, air
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19 navigation facility, or aircraft maintenance or manufacturing
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20 facility; or
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21 3. Making available services to be furnished by the
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22 municipality or its agents at such airport, vertiport, air
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23 navigation facility, or aircraft maintenance or manufacturing
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24 facility. In each case the municipality may establish the terms and
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 1 conditions and fix the charges, rentals or fees for the privileges
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2 or services, which shall be reasonable and uniform for the same
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3 class of privilege or service and shall be established with due
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4 regard to the property and improvements used and the expenses of
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5 operation to the municipality.
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6 B. Under Other Operation. Except as may be limited by the
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7 terms and conditions of any grant, loan, or agreement pursuant to
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8 Section 65.13 of this title, a municipality may by contract, lease
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9 or other arrangement, upon a consideration fixed by it, grant to any
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10 qualified person for a term not to exceed five (5) years the
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11 privilege of operating, as agent of the municipality or otherwise,
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12 any airport or vertiport owned or controlled by the municipality;
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13 provided, that no such person shall be granted any authority to
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14 operate such airport or vertiport other than as a public airport
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15 facility or to enter into any contracts, leases, or other
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16 arrangements in connection with the operation of the airport or
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17 vertiport which the municipality might not have undertaken under
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18 subsection A of this section.
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19 SECTION 5. AMENDATORY 3 O.S. 2021, Section 65.6, is
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20 amended to read as follows:
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21 Section 65.6. To enforce the payment of any charges for repairs
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22 or improvements to or storage or care of, any personal property made
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23 or furnished by the municipality or its agents in connection with
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24 the operation of an airport, vertiport, or air navigation facility
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 1 owned or operated by the municipality, the municipality shall have a
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2 lien on such property, which shall be enforceable by the
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3 municipality as provided by law.
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4 SECTION 6. AMENDATORY 3 O.S. 2021, Section 65.7, is
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5 amended to read as follows:
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6 Section 65.7. Any authority vested by this act the Municipal
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7 Airports Act in a municipality or in the governing body thereof, for
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8 the planning, establishment, development, construction, enlargement,
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9 improvement, maintenance, equipment, operation, regulation,
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10 protection and policing of airports, vertiports, or other air
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11 navigation facilities established, owned or controlled, or to be
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12 established, owned or controlled by the municipality may be vested
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13 by resolution of the governing body of the municipality in an
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14 officer or board or other municipal agency whose powers and duties
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15 shall be prescribed in the resolution; provided, however, that the
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16 expense of such planning, establishment, development, construction,
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17 enlargement, improvement, maintenance, equipment, operation,
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18 regulation, protection and policing shall be a responsibility of the
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19 municipality.
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20 SECTION 7. AMENDATORY 3 O.S. 2021, Section 65.8, is
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21 amended to read as follows:
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22 Section 65.8. (a) A. Scope. A municipality, which has
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23 established or acquired or which may hereafter establish or acquire
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24 an airport, vertiport, or air navigation facility, is authorized to
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 1 adopt, amend and repeal such reasonable ordinance, resolutions,
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2 rules, regulations and orders as it shall deem necessary for the
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3 management, government and use of such airport, vertiport, or air
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4 navigation facility under its control, whether situated within or
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5 without the territorial limits of the municipality. For the
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6 enforcement thereof, the municipality, may, by ordinance or
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7 resolution, as may by law be appropriate, appoint airport guards or
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8 police, with full police powers, and fix penalties, within the
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9 limits prescribed by law, for the violation of the aforesaid
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10 ordinances, resolutions, rules, regulations and orders. Enforcement
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11 may also be conducted by airport officers holding a commission from
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12 and employed by an airport trust as defined in, and pursuant to and
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13 in accordance with, the provisions and requirements of the Oklahoma
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14 Campus Security Act, and who, as a result of which, hold full police
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15 powers. Said penalties shall be enforced in the same manner in
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16 which penalties prescribed by other ordinances, or resolutions of
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17 the municipality are enforced. To the extent that an airport,
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18 vertiport, or other air navigation facility controlled and operated
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19 by a municipality is located outside the territorial limits of the
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20 municipality, it shall, subject to federal and state laws, rules and
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21 regulations, be under the jurisdiction and control of the
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22 municipality controlling or operating it, and no other municipality
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23 shall have any authority to charge or exact a license fee or
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24 occupation tax for operations thereon.
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 1 (b) B. Conformity to Federal and State Law. All ordinances,
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2 resolutions, rules, regulations or orders which are issued by the
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3 municipality shall be kept in substantial conformity with the laws
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4 of this state or any regulations promulgated or standards
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5 established pursuant thereto, and, as nearly as may be, with the
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6 federal laws governing aerospace and aeronautics and the rules,
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7 regulations and standards duly issued thereunder.
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8 SECTION 8. AMENDATORY 3 O.S. 2021, Section 65.10, is
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9 amended to read as follows:
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10 Section 65.10. The cost of planning and acquiring,
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11 establishing, developing, constructing, enlarging, improving, or
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12 equipping, an airport, vertiport, or air navigation facility, or the
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13 site therefor, including buildings and other facilities incidental
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14 to the operation thereof, and the acquisition or elimination of
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15 airport hazards, may be paid for wholly or partly from the proceeds
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16 of the sale of bonds or notes of the municipality, as the governing
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17 body of the municipality shall determine. For such purposes a
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18 municipality may issue general or special obligation bonds, revenue
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19 bonds or other forms of bonds or notes, secured or unsecured,
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20 including refunding bonds, in the manner and within the limitations
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21 prescribed by the laws of this state or the charter of the