1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3672 By: Miller
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6 AS INTRODUCED
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7 An Act relating to aircraft and airports; 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; modifying definition; modifying language to
9 include vertiports as municipally owned air
10 facilities; extending certain tax exemption to
10 include vertiports and air navigation properties;
11 amending 3 O.S. 2021, Section 82, as amended by
11 Section 2, Chapter 126, O.S.L. 2023 (3 O.S. Supp.
12 2023, Section 82), which relates to definitions;
12 defining terms; amending 3 O.S. 2021, Section 85, as
13 amended by Section 5, Chapter 126, O.S.L. 2023 (3
13 O.S. Supp. 2023, Section 85), which relates to powers
14 and duties of the Department; modifying language to
14 include vertiports and air navigation facilities;
15 amending 3 O.S. 2021, Section 421, as last amended by
15 Section 15, Chapter 365, O.S.L. 2023 (3 O.S. Supp.
16 2023, Section 421), which relates to the
16 establishment of clearinghouse of unmanned aircraft
17 systems; modifying duties of clearinghouse;
17 authorizing entry into certain partnerships; and
18 providing an effective date.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. AMENDATORY 3 O.S. 2021, Section 65.1, is
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23 amended to read as follows:
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 1 Section 65.1 As used in this act, unless the text otherwise
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2 requires:
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3 (a) "Airport" means an area on land or water that is used, or
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4 intended to be used, for the landing and taking off of aircraft, and
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5 includes its buildings and facilities, if any.
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6 (b) "Air navigation facility" means any facility - other than
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7 one owned and operated by the United States - used in, available for
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8 use in, or designed for use in, aid of air navigation, including any
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9 structures, mechanisms, lights, beacons, markers, communicating
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10 systems, or other instrumentalities, or devices used or useful as an
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11 aid, or constituting an advantage or convenience, to the safe taking
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12 off, navigation, and landing of aircraft, or the safe and efficient
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13 operation or maintenance of an airport, and any combination of any
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14 or all of such facilities.
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15 (c) "Airport hazard" means any structure, object of natural
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16 growth, or use of land which obstructs the airspace required for the
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17 flight of aircraft in landing or taking off at an airport or
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18 vertiport or is otherwise hazardous to such landing or taking off of
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19 aircraft.
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20 (d) "Helipad" means a small designated area, usually with a
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21 prepared surface, on a heliport, airport, landing or takeoff area,
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22 apron or ramp, or movement area used for takeoff, landing or parking
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23 of helicopters.
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 1 (e) "Heliport" means an area of land, water or structure used
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2 or intended to be used for the landing and takeoff of helicopters
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3 and includes its buildings and facilities, if any.
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4 (f) "Municipality" means any county, city, or town, or
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5 political subdivision of this state. "Municipal" means pertaining
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6 to a municipality as herein defined.
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7 (g) "Person" means any individual, firm, partnership,
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8 corporation, company, association, joint stock association, or body
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9 politic; and includes any trustee, receiver, assignee or other
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10 similar representative thereof.
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11 (h) "Vertiport" means an area of land, water, or structure used
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12 or intended to be used for the landing and takeoff of VTOL aircraft.
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13 (i) "VTOL aircraft" means an aircraft which has vertical
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14 takeoff and landing capability.
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15 SECTION 2. AMENDATORY 3 O.S. 2021, Section 65.2, is
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16 amended to read as follows:
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17 Section 65.2 (a) Establishment, Operation, Land Acquisition.
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18 Every municipality is authorized, out of any appropriations or other
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19 monies made available for such purpose, to plan, establish, develop,
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20 construct, enlarge, improve, maintain, equip, operate, regulate,
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21 protect and police airports, vertiports, and air navigation
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22 facilities, either within or without the territorial limits of such
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23 municipality and within or without the territorial boundaries of
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24 this state, including the construction, installation, equipment,
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 1 maintenance and operation at such airports of buildings and other
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2 facilities for the servicing of aircraft or for the comfort and
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3 accommodation of air travelers, and the purchase and sale of
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4 supplies, goods and commodities as an incident to the operation of
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5 its airport properties. For such purposes the municipality may use
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6 any available property that it may now or hereafter own or control
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7 and may, by purchase, gift, devise, lease, eminent domain
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8 proceedings or otherwise, acquire property, real or personal, or any
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9 interest therein including easements in airport hazards or land
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10 outside the boundaries of an airport, vertiport, or airport site as
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11 are necessary to permit safe and efficient operation of the airport
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12 or vertiport or to permit the removal, elimination, obstruction-
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13 marking or obstruction-lighting of airport hazards or to prevent the
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14 establishment of airport hazards.
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15 (b) Acquisition of Existing Airports. Any municipality may by
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16 purchase, gift, devise or lease acquire existing airports,
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17 vertiports, and air navigation facilities, provided however it shall
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18 not acquire or take over any airport or air navigation facility
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19 without the consent of the owner thereof.
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20 (c) Establishment of Airports on Public Waters and Reclaimed
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21 Lands. For the purposes of this act, a municipality may establish
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22 or acquire and maintain, within or bordering upon the territorial
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23 limits of the municipality, airports in, over and upon, any public
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24 waters of this state, any submerged lands under such public waters,
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 1 and any artificial or reclaimed lands which before the artificial
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2 making or reclamation thereof constituted a portion of the submerged
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3 lands under such public waters; and may construct and maintain
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4 terminal building, landing floats, causeways, roadways and bridges
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5 for approaches to or connecting with any such airport, and landing
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6 floats and breakwaters for the protection thereof.
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7 (d) Limitation on Design and Operation of Air Navigation
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8 Facilities. All air navigation facilities established or operated
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9 by municipalities shall be supplementary to and coordinated in
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10 design and operation with those established and operated by the
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11 federal and state governments.
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12 SECTION 3. AMENDATORY 3 O.S. 2021, Section 65.4, is
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13 amended to read as follows:
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14 Section 65.4 Except as may be limited by the terms and
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15 conditions of any grant, loan, or agreement pursuant to Section 13
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16 of this act, every municipality may by sale, lease or otherwise,
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17 dispose of any airport, vertiport, air navigation facility or other
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18 property, or portion thereof or interest therein, acquired pursuant
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19 to this act. Such disposal by sale, lease, or otherwise, shall be
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20 in accordance with the laws of this state, or provisions of the
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21 charter of the municipality, governing the disposition of other
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22 property of the municipality, except that in the case of the
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23 disposal of another municipality or agency of the state or federal
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24 government for aeronautical purposes incident thereto, the sale,
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 1 lease, or other disposal may be effected in such manner and upon
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2 such terms as the governing body of the municipality may deem in the
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3 best interest of the municipality.
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4 SECTION 4. AMENDATORY 3 O.S. 2021, Section 65.5, is
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5 amended to read as follows:
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6 Section 65.5 A. Under Municipal Operation. In operating an
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7 airport, vertiport, air navigation facility or aircraft maintenance
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8 or manufacturing facility owned, leased or controlled by a
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9 municipality, such municipality may, except as may be limited by the
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10 terms and conditions of any grant, loan, or agreement pursuant to
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11 Section 65.13 of this title, enter into contracts, leases and other
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12 arrangements for a primary term not exceeding fifty (50) years with
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13 any persons:
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14 1. Granting the privilege of using or improving such airport,
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15 vertiport, air navigation facility or aircraft maintenance or
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16 manufacturing facility or any portion or facility thereof, or space
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17 therein for commercial purposes;
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18 2. Conferring the privilege of supplying goods, commodities,
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19 things, services or facilities at such airport, vertiport, air
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20 navigation facility or aircraft maintenance or manufacturing
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21 facility; or
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22 3. Making available services to be furnished by the
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23 municipality or its agents at such airport, vertiport, air
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24 navigation facility or aircraft maintenance or manufacturing
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 1 facility. In each case the municipality may establish the terms and
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2 conditions and fix the charges, rentals or fees for the privileges
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3 or services, which shall be reasonable and uniform for the same
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4 class of privilege or service and shall be established with due
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5 regard to the property and improvements used and the expenses of
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6 operation to the municipality.
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7 B. Under Other Operation. Except as may be limited by the
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8 terms and conditions of any grant, loan, or agreement pursuant to
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9 Section 65.13 of this title, a municipality may by contract, lease
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10 or other arrangement, upon a consideration fixed by it, grant to any
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11 qualified person for a term not to exceed five (5) years the
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12 privilege of operating, as agent of the municipality or otherwise,
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13 any airport or vertiport owned or controlled by the municipality;
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14 provided, that no such person shall be granted any authority to
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15 operate such airport or vertiport other than as a public airport
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16 facility or to enter into any contracts, leases, or other
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17 arrangements in connection with the operation of the airport or
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18 vertiport which the municipality might not have undertaken under
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19 subsection A of this section.
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20 SECTION 5. AMENDATORY 3 O.S. 2021, Section 65.6, is
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21 amended to read as follows:
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22 Section 65.6 To enforce the payment of any charges for repairs
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23 or improvements to or storage or care of, any personal property made
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24 or furnished by the municipality or its agents in connection with
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 1 the operation of an airport, vertiport, or air navigation facility
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2 owned or operated by the municipality, the municipality shall have a
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3 lien on such property, which shall be enforceable by the
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4 municipality as provided by law.
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5 SECTION 6. AMENDATORY 3 O.S. 2021, Section 65.7, is
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6 amended to read as follows:
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7 Section 65.7 Any authority vested by this act in a municipality
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8 or in the governing body thereof, for the planning, establishment,
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9 development, construction, enlargement, improvement, maintenance,
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10 equipment, operation, regulation, protection and policing of
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11 airports, vertiport, or other air navigation facilities established,
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12 owned or controlled, or to be established, owned or controlled by
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13 the municipality may be vested by resolution of the governing body
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14 of the municipality in an officer or board or other municipal agency
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15 whose powers and duties shall be prescribed in the resolution;
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16 provided, however, that the expense of such planning, establishment,
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17 development, construction, enlargement, improvement, maintenance,
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18 equipment, operation, regulation, protection and policing shall be a
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19 responsibility of the 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) Scope. A municipality, which has established
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23 or acquired or which may hereafter establish or acquire an airport,
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24 vertiport, or air navigation facility, is authorized to adopt, amend
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 1 and repeal such reasonable ordinance, resolutions, rules,
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2 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) 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, establishing,
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11 developing, constructing, enlarging, improving, or equipping, an
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12 airport, vertiport, or air navigation facility, or the site
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13 therefor, including buildings and other facilities incidental to the
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14 operation thereof, and the acquisition or elimination of airport
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15 hazards, may be paid for wholly or partly from the proceeds of the
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16 sale of bonds or notes of the municipality, as the governing body of
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17 the municipality shall determine. For such purposes a municipality
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18 may issue general or special obligation bonds, revenue bonds or
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19 other forms of bonds or notes, secured or unsecured, including
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20 refunding bonds, in the manner and within the limitations prescribed
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21 by the laws of this