STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1959	By:	Coates

AS INTRODUCED

An Act relating to the Oklahoma Aeronautics Commission; amending 3 O.S. 2001, Sections 81, 82, 84, as last amended by Section 1, Chapter 100, O.S.L. 2005, Section 1, Chapter 269, O.S.L. 2002, as amended by Section 2, Chapter 100, O.S.L. 2005, 85, as last amended by Section 1, Chapter 401, O.S.L. 2005, Section 1, Chapter 157, O.S.L. 2002, Section 1, Chapter 263, O.S.L. 2006, as renumbered by Section 2, Chapter 180, O.S.L. 2008, and as last amended by Section 5, Chapter 417, O.S.L. 2008, 89, 90, 91, 92, 93, 102.1, 116, 251 and 256 (3 O.S. Supp. 2009, Sections 84, 84.2, 85, 85.1 and 85.3), which relate to the Oklahoma Aeronautics Commission; renaming the Oklahoma Aeronautics Commission Act the Oklahoma Aviation Commission Act; modifying definitions; renaming the Oklahoma Aeronautics Commission the Oklahoma Aviation Commission; renaming the Oklahoma Aerospace Institute the Stafford Center; amending 68 O.S. 2001, Sections 500.6a and 6005, which relate to the Oklahoma Aeronautics Commission Revolving Fund; renaming the Oklahoma Aeronautics Commission Revolving Fund the Oklahoma Aviation Commission Revolving Fund; amending 73 O.S. 2001, Section 301, which relates to the Oklahoma Capitol Improvement Authority; renaming the Oklahoma Aeronautics Commission the Oklahoma Aviation Commission; amending 74 O.S. 2001, Sections 840-5.5, as last amended by Section 1, Chapter 300, O.S.L. 2008 and 5060.4, as last amended by Section 79, Chapter 1, O.S.L. 2007 (74 O.S. Supp. 2009, Sections 840-5.5 and 5060.4), which relate to state government; modifying certain list of unclassified positions; renaming the Oklahoma Aeronautics Commission the Oklahoma Aviation Commission; renaming the Oklahoma Aerospace Institute the Stafford Center; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     3 O.S. 2001, Section 81, is amended to read as follows:
Section 81.  This act may be cited as the "Oklahoma Aeronautics Aviation Commission Act."
SECTION 2.     AMENDATORY     3 O.S. 2001, Section 82, is amended to read as follows:
Section 82.  As used in the Oklahoma Aeronautics Aviation Commission Act, unless the context otherwise requires:
(a)  "Aeronautics" means the science, art, and practice of flight including, but not limited to, transportation by aircraft and matters relating to air commerce; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto.
(b)  "Aircraft" means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air or airspace.
(c)  "Airport" means an area of land or water that is used, or intended to be used, for the landing and takeoff of aircraft, and buildings and facilities, if any.
(d)  "Airspace" means that portion of the atmosphere overlying a designated geographical area considered as subject to territorial jurisdiction or international law in respect to its use by aircraft, guided missiles, and rockets.
(e)  "Commission" means the Oklahoma Aeronautics Aviation Commission.
(f)  "Director" means the Director of Aeronautics Aviation of Oklahoma.
(g)  "State" or "this state" means the State of Oklahoma.
(h)  "Air navigation facility" means any facility used in, available for use in, or designed for use in, aid of air navigation, including landing areas, any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
(i)  "Operation of aircraft" or "operate aircraft" means the use, navigation, or piloting of aircraft in the airspace over this state or upon any airport within this state.
(j)  "Airman" means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, and appliances.
(k)  "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.
(l)  "Municipality" means any incorporated city, village, or town of this state and any county or political subdivision or district in this state, or any public trust thereof, which is, or may be, authorized by law to acquire, establish, construct, maintain, improve, and operate airports, airstrips, and aeronautical navigation facilities.
(m)  "Aeronautical hazard" means any structure, object of natural growth, or use of land, which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport that is otherwise hazardous to the operation and navigation of aircraft.
(n)  "Resources" means services, facilities, funds, equipment, property, personnel, and such other activities as are customarily included within the term.
(o)  "Helipad" means a small, designated area, usually with a prepared surface, on a heliport, airport, landing or takeoff area, apron or ramp, or movement area used for takeoff, landing or parking of helicopters.
(p)  "Heliport" means an area of land, water or structure used or intended to be used for the landing and takeoff of helicopters and includes its buildings and facilities, if any.
(q)  "Commercial service airport" means an airport meeting the current Federal Aviation Administration definition for commercial service airport.
(r)  "Primary commercial service airport" means an airport meeting the current Federal Aviation Administration definition for primary commercial service airport.
(s)  "Reliever airport" means an airport designated by the Federal Aviation Administration as a reliever airport and which provides substantial capacity or instrument training relief to a primary commercial service airport.
(t)  "General aviation airport" means an airport not meeting the criteria for definition as a commercial service or reliever airport.
SECTION 3.     AMENDATORY     3 O.S. 2001, Section 84, as last amended by Section 1, Chapter 100, O.S.L. 2005 (3 O.S. Supp. 2009, Section 84), is amended to read as follows:
Section 84.  A.  There is hereby created the Oklahoma Aeronautics Commission, which shall be the successor to the Oklahoma Aviation Commission created by Section 81 et seq. of this title.  The Oklahoma Aeronautics Aviation Commission shall consist of seven (7) members, who shall be appointed by the Governor and who shall continue in office, as designated by the Governor at the time of appointment, through the last day of the second, third, fourth, fifth, sixth, and seventh calendar years, respectively, following the passage of this act, with the initial seventh member remaining in office until the end of the calendar year 1979.  The successors of the members initially appointed shall be appointed for terms of six (6) years in the same manner as the members originally appointed under this act, except that any person appointed to fill a vacancy shall be appointed only for the remainder of such term.  Each member shall serve until the appointment and qualification of a successor.  One member shall be appointed from each congressional district and any remaining members shall be appointed from the state at large.  However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts.  Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member.  No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district.  To qualify for appointment to the Commission, an appointee shall have the following minimum qualifications:
1.  A citizen and bona fide resident of the state;
2.  Three (3) years' experience in aeronautical activities, such as general aviation, agricultural aviation, airport management, or air carrier operation.
Members of the Commission shall receive no salary but shall be entitled to be reimbursed for necessary travel expenses pursuant to the State Travel Reimbursement Act.  The members of the Commission may be removed by the Governor for inefficiency, neglect of duty, or malfeasance in office in the manner provided by law for the removal of officers not subject to impeachment.
B.  1.  A Director of Aeronautics Aviation shall be appointed by the Commission, who shall serve at the pleasure of the Commission.  The Director shall be appointed with due regard to such person's fitness, by aeronautical education and by knowledge of and recent practical experience in aeronautics for the efficient dispatch of the powers and duties duly vested in and imposed upon the Director.  The Director shall devote full time to the duties of the office and shall not be actively engaged or employed in any other business, vocation, or employment, nor shall the Director have any pecuniary interest in or any stock in or bonds of any civil aeronautics enterprise.  The Director shall be reimbursed for all traveling and other expenses incurred in the discharge of the official duties of the Director, subject to general statutory limitations on such expenses as contained in the State Travel Reimbursement Act.
2.  The Director shall be the executive officer of the Commission and under its supervision shall administer the provisions of this act and rules, regulations, and orders established thereunder and all other laws of the state relative to aeronautics.  The Director shall attend all meetings of the Commission, but shall have no vote.  The Director shall be in charge of the offices of the Commission and responsible to the Commission for the preparation of reports and the collection and dissemination of data and other public information relating to aeronautics.  The Director is hereby empowered to execute all contracts entered into by the Commission.
3.  The Commission may, by written order filed in its office, delegate to the Director any of the powers or duties vested in or imposed upon it by this act.  Such delegated powers and duties may be exercised by the Director in the name of the Commission.
4.  The Director shall appoint, subject to the approval of the Commission, such experts, field and office assistants, clerks, and other employees as may be required and authorized for the proper discharge of the functions of the Commission.
C.  The Commission shall, within thirty (30) days after its appointment, organize, adopt a seal, and make such rules and regulations for its administration, not inconsistent herewith, nor inconsistent with, or contrary to, any act of the Congress of the United States or regulations promulgated or standards established pursuant thereto, as it may deem expedient and from time to time amend such rules and regulations.  At such organizational meeting it shall elect from among its members a chair, a vice chair, and a secretary, to serve for one (1) year, and annually thereafter shall elect such officers, all to serve until their successors are appointed and qualified.  The Commission shall schedule meetings at a convenient time and place as they become necessary.  Four (4) members shall constitute a quorum, and no action shall be taken by less than a majority of the Commission.  Special meetings may be called as provided by the rules and regulations of the Commission.  Regular meetings shall be held at the established offices of the Commission, but, whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, the Commission may hold meetings, hearings, or proceedings at any other place designated by it.  The Commission shall report in writing to the Governor on or about January 31 of each year.  The report shall contain a summary of the proceedings of the Commission during the preceding fiscal year, a detailed and itemized statement of all revenue and of all expenditures made by or in behalf of the Commission, such other information as it may deem necessary or useful, and any additional information which may be requested by the Governor.
D.  Suitable office space shall be provided by the Department of Central Services for the Commission in the City of Oklahoma City, and the Commission may incur the necessary expense for office rent, furniture, stationery, printing, incidental expenses, and other necessary expenses needed for the administration of this act.
SECTION 4.     AMENDATORY     Section 1, Chapter 269, O.S.L. 2002, as amended by Section 2, Chapter 100, O.S.L. 2005 (3 O.S. Supp. 2009, Section 84.2), is amended to read as follows:
Section 84.2  A.  Beginning July 1, 2002, the Oklahoma Aeronautics Aviation Commission shall cease to be part of or a division of the Department of Transportation and shall be deemed to be a separate and distinct agency, to be known as the Oklahoma Aeronautics Aviation Commission, and not under the Merit System of Personnel Administration.  The Oklahoma Aeronautics Aviation Commission and the Director of Aeronautics Aviation shall continue to exercise their statutory powers, duties, and responsibilities.  All records, property, equipment, assets, monies, matters pending, and funds of the division shall be transferred to the Oklahoma Aeronautics Aviation Commission.
B.  1.  The number of full-time-equivalent employees for the Oklahoma Aeronautics Aviation Commission shall not be less than ten, nor more than the number of employees currently allowed by law for the Oklahoma Aeronautics Aviation Commission division of the Department of Transportation and who transfer to the Oklahoma Aeronautics Aviation Commission pursuant to this section.  In no event shall the total full-time-equivalent employees of the Oklahoma Aeronautics Aviation Commission transferring or electing to remain with the Department of Transportation exceed eighteen full-time-equivalent positions.
2.  All full-time-equivalent employee positions for the Oklahoma Aeronautics Aviation Commission shall not be under the Merit System of Personnel Administration and shall be considered unclassified service.  All employees shall serve at the pleasure of the Director of the Oklahoma Aeronautics Aviation Commission.
3.  The Oklahoma Aeronautics Aviation Commission and the Department of Transportation may enter into an agreement for the transfer of personnel from the Department of Transportation to the Oklahoma Aeronautics Aviation Commission.  No employee shall be transferred to the Oklahoma Aeronautics Aviation Commission except on the freely given written consent of the employee.  All classified employees under the Merit System of Personnel Administration who are not transferred to the Oklahoma Aeronautics Aviation Commission shall retain the status in the class to which the position occupied by the employee on July 1, 2002, is allocated by the Office of Personnel Management.  The salary of such an employee shall not be reduced as a result of such position allocation.  All employees who are transferred to the Oklahoma Aeronautics Aviation Commission shall not be required to accept a lesser grade or salary than presently received.  All employees shall retain leave, sick and annual time earned, and any retirement and longevity benefits which have accrued during their tenure with the Department of Transportation.  The transfer of personnel between the state agencies shall be coordinated with the Office of Personnel Management.
C.  The Oklahoma Aeronautics Aviation Commission shall be authorized to rent, lease, or own the appropriate office space and property in order to conduct its business.  The Oklahoma Aeronautics Aviation Commission is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including federal funds or funds from any other source for use in furthering the purpose of the Oklahoma Aeronautics Aviation Commission.
D.  Funding for the Oklahoma Aeronautics Aviation Commission shall be provided for in the appropriation process of the Legislature, in addition to any other funding provided by law.  The expenses incurred by the Oklahoma Aeronautics Aviation Commission as a result of the transfer required by this section shall be paid by the Oklahoma Aeronautics Aviation Commission.
E.  The division within the Department of Transportation known as the Oklahoma Aeronautics Aviation Commission shall be abolished by the Transportation Commission after the transfer has been completed.
F.  The Director of State Finance is directed to coordinate the transfer of assets, funds, allotments, purchase orders, liabilities, outstanding financial obligations or encumbrances provided for in this section.  The Department of Central Services shall coordinate the transfer of property and records provided for in this section.
SECTION 5.     AMENDATORY     3 O.S. 2001, Section 85, as last amended by Section 1, Chapter 401, O.S.L. 2005 (3 O.S. Supp. 2009, Section 85), is amended to read as follows:
Section 85.  A.  The Oklahoma Aeronautics Aviation Commission and its Director acting under its authority is empowered and directed to encourage, foster, and assist in the development of aeronautics in this state and to encourage the establishment of airports and air navigation facilities.  It shall cooperate with and assist the federal government, the municipalities of this state, and other persons in the development of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies and persons.  Municipalities are authorized to cooperate with the Commission in the development of aeronautics and aeronautical facilities in this state.
B.  The Commission may organize and administer a voluntary program of air-age education in cooperation with the schools, colleges, and for the general public, and may prepare and conduct voluntary flight clinics for airmen and issue such bulletins and publications as may be required.
C.  The Commission shall assist in all aeronautical matters related to emergency management actions in conformance with federal directions and with the Emergency Operations Plan of the state.
D.  The Commission may establish air markers throughout the state.
E.  The Commission may purchase and install roadside signs directing highway traffic to airports, subject to approval of the State Transportation Commission.
F.  The Commission shall:
1.  Draft and recommend necessary legislation to advance the interests of the state in aeronautics;
2.  Represent the state in aeronautical matters before federal agencies and other state agencies; and
3.  Participate as party plaintiff or defendant or as intervener on behalf of the state or any municipality or citizen thereof in any proceeding which involves the interest of the state in aeronautics.
G.  1.  The Commission may, insofar as is reasonably possible, make available its engineering and other technical services to any municipality or person desiring them in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or navigation facilities.
2.  The Commission may render financial assistance by grant or loan or both to any municipality or municipalities acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled, by such municipality or municipalities, out of appropriations or other monies made available by the Legislature for such purposes.  Such financial assistance may be furnished in connection with federal or other financial aid for the same purposes.
3.  The Commission shall be designated as the agent of this state or political subdivision of this state for the purpose of applying for, receiving, administering and disbursing federal funds and other public monies for the benefit of general aviation airports, except reliever airports, as may be available under applicable federal law or other laws.  If requested by a political subdivision, the Commission may act as its or their agent in contracting for and supervising such planning, acquisition, construction, improvement, maintenance, or operation; and all political subdivisions are authorized to designate the Commission as their agent for the foregoing purposes.  The Commission, as principal on behalf of the state, may enter into any contracts with the United States or with any person, which may be required in connection with a grant or loan of federal monies for municipal airport or air navigation facility purposes.  All federal monies accepted under this section shall be accepted and transferred or expended by the Commission upon such terms and conditions as are prescribed by the United States.  All monies received by the Commission pursuant to this section shall be deposited in the Oklahoma Aeronautics Aviation Commission Revolving Fund in the State Treasury and shall be paid out by the Commission in accordance with the terms and conditions of any agreement entered into under the provisions of this section.
H.  1.  The Commission is authorized on behalf of and in the name of the state, out of appropriations and other monies made available for such purposes, to plan, zone, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipping, maintenance, and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers.  However, the regulatory authority shall not extend to any airman employed by, nor to any aeronautics facility or aircraft under the exclusive possession, operation, or control of, a person holding a certificate of public convenience and necessity issued by any agency of the United States to operate as a common carrier by air of persons and/or property in interstate commerce.  For such purposes the Commission may, by purchase, gift, devise, or lease, acquire property, real or personal, or any interest therein including easements in aeronautical hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the state airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards.  In like manner the Commission may acquire existing airports and air navigation facilities.  However, the Commission shall not acquire or take over any airport or air navigation facility owned or controlled by a municipality of this or any other state without the consent of such municipality.  The Commission may, by sale, lease, or otherwise, dispose of any such property, airport, air navigation facility, or portion thereof or interest therein.  The disposal, by sale, lease, or otherwise, shall be in accordance with the laws of this state governing the disposition of other property of the state, except that, in the case of disposals to any municipality or state government or the United States for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected in such manner and upon such terms as the Commission may deem in the best interest of the state.
2.  All airports owned by the state shall be within the primary jurisdiction of the State Aeronautics Aviation Commission for purposes of design, development, and operation; provided, that airports owned and operated by the Oklahoma Space Industry Development Authority shall be exempt from such provisions, and during the time of a national emergency, the Air National Guard shall be exempt from such provisions, and provided further, that any airport owned by the state may be leased by the Commission to a public or private agency, as it may deem fit.
3.  Nothing contained in this act shall be construed to limit any right, power, or authority of the state or a municipality to regulate airport hazards by zoning.
4.  The Commission may exercise any powers granted by this section jointly with any municipalities or with the United States.
5.	a.	In operating an airport or air navigation facility owned or controlled by the state, the Commission may enter into contracts, leases, and other arrangements for a term not exceeding twenty-five (25) years with any persons granting the privilege of using or improving such airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes; conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or making available services to be furnished by the Commission or its agents at such airport or air navigation facility.
In each such case the Commission may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which shall be reasonable and uniform for the same class of privileges or services and shall be established with due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal, and uniform use of the airport, air navigation facility or portion or facility thereof.
b.	The Commission may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed twenty-five (25) years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided, that no such person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the Commission might not have undertaken under subparagraph a of this paragraph.
c.	To enforce the payment of any charges for repairs to, or improvements, storage, or care of, any personal property made or furnished by the Commission or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on such property, which shall be enforceable by the Commission as provided by law.
6.  In accepting federal monies under this section, the Commission shall have the same authority to enter into contracts on behalf of the state as is granted to the Commission under subsection G of this section with respect to federal monies accepted on behalf of municipalities.  All monies received by the Commission pursuant to this section shall be deposited in the Oklahoma Aeronautics Aviation Commission Fund in the State Treasury and shall be paid out of the Commission Fund in accordance with the terms and conditions of any agreement entered into under the provisions of this section.
7.  The Commission shall grant no exclusive right for the use of any airport or air navigation facility under its jurisdiction. This shall not be construed to prevent the making of contracts, leases, and other arrangements pursuant to subsection (h) of this section.
I.  The Commission may enter into any contracts necessary to the execution of the powers granted it by this act.  All contracts made by the Commission, either as the agent of the state or as the agent of any municipality, shall be made pursuant to the laws of the state governing the making of like contracts.  When the planning, acquisition, construction, improvement, maintenance, or operation of any airport or air navigation facility is financed wholly or partially with federal monies, the Commission as agent of the state or of any municipality may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
J.  1.  The Commission, the Director, or any officer or employee of the Commission designated by it shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the provisions of this act and the rules, regulations, and orders of the Commission.  Hearings shall be open to the public and shall be held upon such call or notice as the Commission shall deem advisable.  Each member of the Commission, the Director, and every officer or employee of the Commission designated by it to hold any inquiry, investigation, or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books, and documents.  In case of the failure of any person to comply with any subpoena or order issued under the authority of this subsection, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, it shall be the duty of the district court of any county or of the judge thereof, on application of the Commission or its authorized representative, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
2.  In order to facilitate the making of investigations by the Commission in the interest of public safety and promotion of aeronautics the public interest requires, and it is therefore provided, that the reports of investigations or hearings, or any part thereof, shall not be admitted in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter referred to in the investigation, hearing, or report thereof, except in case of any suit, action, or proceeding, civil or criminal, instituted by or in behalf of the Commission or in the name of the state under the provisions of this act or other laws of the state relating to aeronautics; nor shall any member of the Commission, or the Director, or any officer or employee of the Commission be required to testify to any facts ascertained in, or information gained by reason of, such person's official capacity, or be required to testify as an expert witness in any suit, action, or proceeding involving any aircraft.  Subject to the foregoing provisions, the Commission may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.
K.  1.  The Commission is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this act or relating to the sound development of aeronautics.
2.  The Commission is authorized to avail itself of the cooperation, services, records, and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this act.  The Commission shall furnish to the agencies of the United States its cooperation, services, records, and facilities, insofar as may be practicable.
3.  The Commission shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed and shall, insofar as is practicable, preserve, protect, and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
L.  The Commission may organize and administer an aerospace education program in cooperation with universities, colleges and schools for the general public.  The Commission may also plan and act jointly in a cooperative aviation research or high technology program.  As part of these programs, the Commission may issue aviation communication films and publications.
SECTION 6.     AMENDATORY     Section 1, Chapter 157, O.S.L. 2002 (3 O.S. Supp. 2009, Section 85.1), is amended to read as follows:
Section 85.1  The Oklahoma Aeronautics Aviation Commission is hereby authorized on behalf of and in the name of the state, to accept title to property, real or personal, or any interest therein including easements from any authority, county, municipality or political subdivision thereof.  The Commission is further authorized to construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police such property, including the construction, installation, equipping, maintenance, and operation of airports, buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers.  Any property accepted pursuant to this section shall be in accordance with and subject to Section 82 et seq. of Title 3 of the Oklahoma Statutes.
SECTION 7.     AMENDATORY     Section 1, Chapter 263, O.S.L. 2006, as renumbered by Section 2, Chapter 180, O.S.L. 2008, and as last amended by Section 5, Chapter 417, O.S.L. 2008 (3 O.S. Supp. 2009, Section 85.3), is amended to read as follows:
Section 85.3  A.  This act shall be known and may be cited as the “Aerospace Development Act of 2008”.
B.  There is hereby created within the Oklahoma Aeronautics Aviation Commission, the Center for Aerospace Supplier Quality (CASQ), and the Oklahoma Aerospace Institute (OAI) Stafford Center (SC) whose purpose shall be to create a partnership of service providers to more effectively respond to the needs of the aerospace industry in the areas of education and training, research, and economic development.  The CASQ and OAI SC will focus available resources to promote cooperation and collaboration among businesses, manufacturers, military installations, commercial aviation, educational institutions, nonprofit research institutions, and state government for the purpose of strengthening the economy of the State of Oklahoma.  Contingent upon the availability of funds, the Oklahoma Aeronautics Aviation Commission may employ established program processes or may contract with other qualified entities to operate the CASQ and the OAI SC.
C.  The CASQ is designed to serve as a conduit between Oklahoma’s military installations and aerospace industry to promote quick response to opportunities that will:
1.  Increase Department of Defense contracts with Oklahoma aerospace companies and contracts between Oklahoma aerospace companies and prime contractors in the aerospace and defense industries;
2.  Create and retain more high-wage, high-skill jobs;
3.  Strengthen collaborations between businesses and aerospace interests;
4.  Reduce the flow of federal defense contract dollars to out-of-state businesses;
5.  Expand the aerospace industry in Oklahoma;
6.  Provide engineering and technical assistance;
7.  Provide more manufacturing sources for Oklahoma military installations and the aerospace industry; and
8.  Reduce costs and increase competitiveness for Oklahoma military installations and the aerospace industry.
D.  In order to streamline the use of resources with the goal of eliminating duplication of efforts, the OAI SC shall act as a clearinghouse of information and activities concerning the aerospace industry.  The OAI SC will provide a focal point to coordinate the plans and activities of state agencies, task forces, departments, boards, commissions, and other entities that have responsibilities or duties regarding the aerospace industry with the goal of eliminating duplication of effort.
E.  The OAI SC shall create a partnership of education and training providers to meet the specific needs of the aerospace industry to build a credentialed work force for the future.  Participating educational institutions shall act cooperatively to create complementary activities.
F.  The OAI SC shall include a center for applied research and will primarily undertake applied research, development and technology transfer that have long-term potential for commercial development.  The center shall build upon institutional strengths and conduct activity in areas of research in which the participating research institutions and businesses have achieved or have true promise of attaining a standard of excellence in applied research and development.
G.  The OAI SC shall support and foster the growth of the aerospace industry.  The OAI SC shall acquire aerospace executive expertise and provide consulting services to the aerospace industry, government agencies and organizations across the State of Oklahoma in order to strengthen the policy framework, economic development initiatives and activities of the state.
H.  The OAI SC may accept funding that includes, but is not limited to:
1.  Monetary contributions;
2.  Contractual arrangements;
3.  In-kind services;
4.  Federal- and state-appropriated dollars;
5.  Private and public foundation grants; and
6.  Fee-for-service products.
SECTION 8.     AMENDATORY     3 O.S. 2001, Section 89, is amended to read as follows:
Section 89.  The powers and duties of the Oklahoma Planning and Resources Board relating to aviation as prescribed by 3 O.S. 1961, Section 25, are hereby transferred to and vested in the Oklahoma Aeronautics Aviation Commission.
SECTION 9.     AMENDATORY     3 O.S. 2001, Section 90, is amended to read as follows:
Section 90.  In order to assure a safe and adequate system of airports within this state:
1.  In every county wherein there is no active airport, the Oklahoma Aeronautics Aviation Commission is authorized to construct within such county or a municipality located therein or upon land owned by the federal government but under the active control of the state, county or a municipality located within such county a runway of not less than two thousand six hundred (2,600) feet in length and to repair, maintain and hardsurface such runway.;
2.  In each county wherein there already exists an active airport owned by such county or a municipality located therein or upon land owned by the federal government but under the active control of the state, county or a municipality located within such county, but there does not exist within such county a hardsurfaced runway of at least two thousand six hundred (2,600) feet in length, the Oklahoma Aeronautics Aviation Commission may construct upon such lands as those described in paragraph 1 of this section a runway of not less than two thousand six hundred (2,600) feet and may repair, maintain and hardsurface such runway, or may, where sufficient land is available for such purpose, expand such existing airport to a length of two thousand six hundred (2,600) feet and may thereupon repair, maintain and hardsurface the entire runway.;
3.  During the fiscal year in which federal funds are available under the Federal Airport Program for development or improvement of a state, county or city owned or controlled airport, the Oklahoma Aeronautics Aviation Commission shall be prohibited from performing any construction or major repair work upon such airstrip unless and until such federal funds have been available for such purpose.;
4.  The Oklahoma Aeronautics Aviation Commission, in any county where no airport containing two thousand six hundred (2,600) feet or more runway exists, is authorized to accept gifts of land to be used for a county airport and of money to be used to acquire an airport.; and
5.  The Oklahoma Aeronautics Aviation Commission is further authorized to accept federal grants for construction, repair, maintenance and other purposes not inconsistent with the provisions of this section and to utilize machinery and material for the purpose of matching available federal funds and grants.
SECTION 10.     AMENDATORY     3 O.S. 2001, Section 91, is amended to read as follows:
Section 91.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Aeronautics Aviation Commission to be designated as the Oklahoma Aeronautics Aviation Commission Revolving Fund.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of a monthly allocation by the Oklahoma Tax Commission of Three Thousand Dollars ($3,000.00) from the motor fuel excise tax levied and collected pursuant to the provisions of Title 68 of the Oklahoma Statutes, such amount being a part of the estimated amount of tax paid on gasoline consumed by engines to propel aircraft in Oklahoma, sale of surplus property, fees and receipts collected pursuant to the Oklahoma Open Records Act, donations, gifts, bequests, contribution, devices, interagency reimbursements, federal funds unless otherwise provided by federal law or regulation, sale of leases and aircraft registration fees and taxes, or any other source.  All monies accruing to said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Aeronautics Aviation Commission for airport construction and rehabilitation programs and general operations of the agency.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
SECTION 11.     AMENDATORY     3 O.S. 2001, Section 92, is amended to read as follows:
Section 92.  The Oklahoma Aeronautics Aviation Commission is hereby authorized and empowered to offer for sale, sell and execute oil and gas leases, and other mineral and mining leases, and agricultural leases on any of the lands of the State of Oklahoma under the control and supervision of said Commission, provided, the development of said land for the purpose leased will not unduly interfere with the aeronautical purpose for which said land is being used by the state.  Said Commission is hereby given authority to adopt and promulgate such additional rules and regulations, not inconsistent herewith, as it may deem necessary and for the best interest of the state in facilitating the sale of said leases.  It shall be the duty of the Director of the Oklahoma Aeronautics Commission Aviation to execute said leases for and in behalf of said Commission, and said Director shall be liable on his official bond for failure to faithfully discharge his duties hereunder.  The sales of all oil, gas and mineral leases shall be made upon the basis of a retained royalty of not less than one‑eighth (1/8) of all oil, gas, casinghead gas, and other minerals produced from the lands covered by said leases and such additional cash bonus as may be procured.  Provided, however, if the state owns less than one hundred percent (100%) of the oil, gas, casinghead gas and other minerals covered by any such lease, the royalty retained shall not be less than one‑eighth (1/8) of the mineral interest so owned.  All oil, gas, mineral and agricultural leases shall be sold only after advertisement for a period of three (3) weeks in a legal newspaper published and of general circulation in the county in which said lands are located.  Said sale shall be made to the highest and best bidder and all bids shall be in sealed envelopes and opened and considered at the same time.
SECTION 12.     AMENDATORY     3 O.S. 2001, Section 93, is amended to read as follows:
Section 93.  All money derived from the sale of said leases, and from any royalties subsequently accruing, shall be deposited in the State Treasury and credited to the Oklahoma Aeronautics Aviation Commission Revolving Fund, and said money may be expended in the same manner and for the purposes as other money in said fund is authorized to be expended.
SECTION 13.     AMENDATORY     3 O.S. 2001, Section 102.1, is amended to read as follows:
Section 102.1  A.  In order to prevent the erection of structures dangerous to air navigation, subject to the provisions of subsections B, C and D of this section, each person shall secure from the local airport zoning authority, or in the absence of a local airport zoning authority, the Oklahoma Aeronautics Aviation Commission, a permit for the erection, alteration, or modification of any structure the result of which would exceed the federal obstruction standards as contained in 14 CFR, Part 77.  Permits from the local airport zoning authority will be required only within an airport hazard area where federal standards are exceeded and if the proposed construction is within:
1.  A 10-nautical mile radius of the geographical center of a publicly owned or operated airport, a military airport, or an airport open for public use which has a published instrument approach procedure;
2.  A 6-nautical mile radius of the geographical center of a publicly owned or operated airport, a military airport, or an airport open for public use which has no published instrument approach procedure and has runways in excess of three thousand two hundred (3,200) feet in length; or
3.  A 2.5-nautical mile radius of the geographical center of a publicly owned or operated airport, a military airport, or an airport open for public use which has no published instrument approach and has runways three thousand two hundred (3,200) feet or less in length.
B.  Affected airports will be considered as having those facilities which are programmed in the Federal Aviation Administration's Regional Aviation System Plan and will be so protected.
C.  Permit requirements of subsection A of this section shall not apply to projects which received construction permits from the Federal Communications Commission for structures exceeding federal obstruction standards prior to May 20, 1975; nor shall it apply to previously approved structures now existing, or any necessary replacement or repairs to such existing structures, so long as the height and location is unchanged.
D.  In determining whether to issue or deny a permit, the local airport zoning authority shall consider:
1.  The nature of the terrain and height of existing structures;
2.  Public and private interests and investments;
3.  The character of flying operations and planned developments of airports;
4.  Federal airways as designated by the Federal Aviation Administration that lie within the radii described in paragraphs 1 through 3 of subsection A of this section;
5.  Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport;
6.  Technological advances;
7.  The safety of persons on the ground and in the air; and
8.  Land use density.
E.  In order to promote the health, safety and welfare of the public and to protect persons and property by promoting safety in aeronautics, the Oklahoma Aeronautics Aviation Commission may review any structure erected, altered, or modified since January 1, 1996, in which no permit was secured from the local airport zoning authority because of the absence of a local airport authority.  The Oklahoma Aeronautics Aviation Commission shall determine whether such structures meet the requirements set forth in this section.  If the structures do not meet the requirements as set forth in this section, the Oklahoma Aeronautics Aviation Commission may request the owners of such structure to make any necessary modifications to protect the health, safety and welfare of the public, including, but not limited to, altering, marking, mapping, or identifying such structure.  The Oklahoma Aeronautics Aviation Commission may assist the owner of such structure in any manner deemed feasible by the Oklahoma Aeronautics Aviation Commission.
SECTION 14.     AMENDATORY     3 O.S. 2001, Section 116, is amended to read as follows:
Section 116.  The Oklahoma Aeronautics Aviation Commission may provide technical assistance to any political subdivision requesting assistance in the preparation of an airport zoning code.  A copy of all local airport zoning codes, rules, and regulations, and amendments and proposed and granted variances thereto, shall be filed with the Oklahoma Aeronautics Aviation Commission.
SECTION 15.     AMENDATORY     3 O.S. 2001, Section 251, is amended to read as follows:
Section 251.  A.  It is hereby declared that it is the policy of the Legislature to make registration procedures for aircraft similar to those for automobiles, with the authority to accomplish the same vested fully in the Oklahoma Tax Commission separately from the Oklahoma Aeronautics Aviation Commission, the jurisdiction of the two Commissions, their directors and officers being separate.
B.  It shall be the duty of the Oklahoma Tax Commission to promulgate any additional rules and regulations and designate forms and procedures for the implementation of this act.
SECTION 16.     AMENDATORY     3 O.S. 2001, Section 256, is amended to read as follows:
Section 256.  A.  Registration fees and taxes on aircraft shall be paid to and collected by the Oklahoma Tax Commission and its agents in the same manner as registration fees and taxes are paid and collected on automobiles.
The registration and reregistration of aircraft shall be subject to the following schedule and rates:
1.  Single-engine piston aircraft shall be taxed according to the following Schedule "A":
SCHEDULE "A"
WEIGHT IN POUNDS		  FEE
Less than 1,750		       $20.00
1,751 through 2,500		       $35.00
2,501 through 3,500		       $55.00
3,501 through 4,500		       $75.00
4,501 through 5,500		       $95.00
5,501 through 6,500		      $115.00
6,501 through 8,500		      $135.00
8,501 through 10,000		      $185.00
10,001 through 13,000		      $230.00
13,001 through 17,000		      $265.00
17,001 through 20,000		      $300.00
20,001 through 25,000		      $375.00
25,001 through 30,000		      $500.00
30,001 through 40,000		      $625.00
40,001 through 50,000		      $750.00
50,001 through 75,000		    $1,000.00
75,001 through 100,000		    $1,250.00
100,001 and over		    $1,500.00
2.  Rotary‑wing aircraft shall be taxed at two times the Schedule "A" fee, based on the same weight classifications.;
3.  Multiengine piston aircraft shall be taxed at three times the Schedule "A" fee, based on the same weight classifications.;
4.  Turbo‑prop aircraft shall be taxed at six times the Schedule "A" fee, based on the same weight classifications.;
5.  Turbo‑jet aircraft shall be taxed at ten times the Schedule "A" fee, based on the same weight classifications.;
6.  Antique aircraft as defined by the Federal Aviation Administration, sailplanes, balloons, and home‑built aircraft shall be subject to a flat‑rate fee of Ten Dollars ($10.00).;
7.  The fees of this subsection, except those in paragraph 6 of this subsection, shall be reduced at a rate of ten percent (10%) each year following the date of manufacture until the fee is equal to fifty percent (50%) of the original fee, which shall then be the fee for each year thereafter.; and
8.  Every aircraft owner shall have the right to appeal the assessment of the fee as provided for in this subsection, and the Oklahoma Tax Commission shall appraise the aircraft and its avionics as personal property at the fair market value thereof, and shall apply a twelve‑percent assessment rate which shall be levied at the appropriate county millage rate.
B.  Aircraft purchased after January 1 of each year and subject to registration as provided for in this section shall be registered and taxed on a prorated basis.  Registration fees and taxes shall be in lieu of all aircraft ad valorem taxes.  All such monies collected shall be paid to the Oklahoma Tax Commission and disbursed as follows:
1.  Three percent (3%) of all such funds shall be paid to the State Treasurer for deposit to the credit of the General Revenue Fund of the State Treasury; and
2.  Ninety‑seven percent (97%) of said registration fees and taxes shall be deposited in the Oklahoma Aeronautics Aviation Commission Revolving Fund.
SECTION 17.     AMENDATORY     68 O.S. 2001, Section 500.6a, is amended to read as follows:
Section 500.6a  All revenue from the tax of eight one-hundredths of one cent ($0.0008) per gallon imposed pursuant to the provisions of subsection B of Section 500.4 of Title 68 of the Oklahoma Statutes this title, and penalties and interest thereon, collected by the Oklahoma Tax Commission shall be apportioned and distributed monthly as follows:
1.  For the fiscal year beginning July 1, 1999, one-third shall be paid to the State Treasurer and placed to the credit of the Oklahoma Aeronautics Aviation Commission Revolving Fund and two-thirds shall be apportioned pursuant to the provisions of Section 500.6 of Title 68 of the Oklahoma Statutes this title;
2.  For the fiscal year beginning July 1, 2000, two-thirds shall be paid to the State Treasurer and placed to the credit of the Oklahoma Aeronautics Aviation Commission Revolving Fund and one-third shall be apportioned pursuant to the provisions of Section 500.6 of Title 68 of the Oklahoma Statutes this title; and
3.  For the fiscal year beginning July 1, 2001, and for each fiscal year thereafter, all such revenue shall be paid to the State Treasurer and placed to the credit of the Oklahoma Aeronautics Aviation Commission Revolving Fund.
SECTION 18.     AMENDATORY     68 O.S. 2001, Section 6005, is amended to read as follows:
Section 6005.  A.  For fiscal years beginning prior to July 1, 1999, all revenues derived pursuant to the provisions of Sections 6001 through 6007 of this title shall be paid monthly by the Oklahoma Tax Commission to the State Treasurer and placed to the credit of the General Revenue Fund to be paid out pursuant to direct appropriation by the Legislature.
B.  1.  For the fiscal year beginning July 1, 1999, fifty percent (50%) of all revenues derived pursuant to the provisions of Sections 6001 through 6007 of this title shall be paid monthly by the Tax Commission to the State Treasurer and placed to the credit of the General Revenue Fund to be paid out pursuant to direct appropriation by the Legislature, and fifty percent (50%) of the revenues shall be placed to the credit of the Oklahoma Aeronautics Aviation Commission Revolving Fund; and
2.  For the fiscal year beginning July 1, 2000, and for each fiscal year thereafter, one hundred percent (100%) of the revenues derived pursuant to the provisions of Sections 6001 through 6007 of this title shall be paid monthly by the Tax Commission to the State Treasurer and shall be placed to the credit of the Oklahoma Aeronautics Aviation Commission Revolving Fund.
SECTION 19.     AMENDATORY     73 O.S. 2001, Section 301, is amended to read as follows:
Section 301.  A.  The Oklahoma Capitol Improvement Authority is authorized to acquire real property, together with improvements located thereon, and personal property, to construct buildings and other improvements to real property and to provide funding for repairs, refurbishments and improvements to real and personal property and for funding for the following capital projects in the following amounts:
1.  Capital projects at institutions of higher education which are part of The Oklahoma State System of Higher Education in a total amount not to exceed Forty-five Million Dollars ($45,000,000.00) with debt retirement payments to be made by the Oklahoma State Regents for Higher Education;
2.  Construction of a History Center for the Oklahoma Historical Society in a total amount not to exceed Thirty-two Million Dollars ($32,000,000.00) with debt retirement payments to be made by the Oklahoma Historical Society.  Of such total amount, the sum of Four Million One Hundred Thousand Dollars ($4,100,000.00) shall be transferred to the Capital Improvement Revolving Fund as reimbursement for improvements and renovations to the property made in preparation for the construction of the History Center;
3.  Renovation of the Wiley Post Historical Building for occupancy by appellate courts in a total amount not to exceed Ten Million Dollars ($10,000,000.00) with debt retirement payments to be made by the Oklahoma Supreme Court;
4.  Land acquisition, demolition, landscaping, environmental remediation and other costs associated with the Lincoln Boulevard Renaissance Project in a total amount not to exceed Thirteen Million Eight Hundred Thousand Dollars ($13,800,000.00) with debt retirement payments to be made by the Department of Central Services;
5.  Construction of a new building for the J.D. McCarty Center for Children with Developmental Disabilities in a total amount not to exceed Ten Million Three Hundred Thousand Dollars ($10,300,000.00) with debt retirement payments to be made by the J.D. McCarty Center for Children with Developmental Disabilities;
6.  Funding for capital costs of a Technology Incubator Program for the University Hospitals Authority in a total amount not to exceed Two Million Dollars ($2,000,000.00) with debt retirement payments to be made by the University Hospitals Authority;
7.  Funding for capital costs for the Native American Cultural and Educational Authority of Oklahoma in a total amount not to exceed Five Million Dollars ($5,000,000.00) with debt retirement payments to be made by the Native American Cultural and Educational Authority of Oklahoma;
8.  Funding for capital costs for systemwide equipment for the Oklahoma Department of Career and Technology Education in a total amount not to exceed Five Million Dollars ($5,000,000.00) with debt retirement payments to be made by the Oklahoma Department of Career and Technology Education;
9.  Capital projects for the Oklahoma School for the Deaf in a total amount not to exceed Six Million Seven Hundred Fifty Thousand Dollars ($6,750,000.00) with debt retirement payments to be made by the State Department of Rehabilitation Services;
10.  Capital projects for the Oklahoma School for the Blind in a total amount not to exceed Six Million Seven Hundred Fifty Thousand Dollars ($6,750,000.00) with debt retirement payments to be made by the State Department of Rehabilitation Services;
11.  Construction of a new Veterans Center in Lawton, Oklahoma, in a total amount not to exceed Twelve Million Dollars ($12,000,000.00) with debt retirement payments to be made by the Oklahoma Department of Veterans Affairs;
12.  Capital costs for financial management information systems in a total amount not to exceed One Million Dollars ($1,000,000.00) with debt retirement payments to be made by the Office of State Finance;
13.  Funding for the purchase of computer hardware and software for the Central Purchasing Division of the Department of Central Services in a total amount not to exceed Two Million Dollars ($2,000,000.00) with debt retirement payments to be made by the Department of Central Services;
14.  Funding for implementation of the Boll Weevil Eradication Act in a total amount not to exceed Three Million Dollars ($3,000,000.00) with debt retirement payments to be made by the State Department of Agriculture;
15.  Funding for construction and other capital costs at Quartz Mountain Lodge and Arts and Conference Center in a total amount not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) with debt retirement payments to be made by the Oklahoma Tourism and Recreation Department.  Of such total amount appropriated pursuant to this section, the sum of Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be transferred to the Capital Improvement Revolving Fund as reimbursement for the construction and other capital costs at the Quartz Mountain Lodge and Arts and Conference Center; and
16.  The following capital projects to be funded by the obligations authorized herein in the amounts to be allocated and expended by the following entities and in the following amounts:
a.	the Oklahoma Aeronautics Aviation Commission	$2,990,000.00
b.	the State Department of Agriculture	$5,044,194.00
c.	the Oklahoma State Bureau of Investigation	$300,000.00
d.	the Oklahoma Capitol Complex and Centennial Commission	$5,470,101.00
e.	the Department of Central Services	$975,000.00
f.	the Oklahoma Department of Commerce	$1,250,000.00
g.	the Oklahoma Conservation Commission	$100,000.00
h.	the Oklahoma Department of Corrections	$260,101.00
i.	the State Department of Education	$700,000.00
j.	the Oklahoma Educational Television Authority	$250,000.00
k.	the Grand River Dam Authority	$220,000.00
l.	the State Department of Health	$735,000.00
m.	the Oklahoma State Regents for Higher Education	$30,617,909.00
n.	the Oklahoma Historical Society	$10,456,303.00
o.	the Oklahoma House of Representatives	$46,434.00
p.	the Department of Human Services	$2,010,101.00
q.	the J.D. McCarty Center for Children with Developmental Disabilities	$485,101.00
r.	the Office of Juvenile Affairs	$1,227,601.00
s.	the Oklahoma Department of Mental Health and Substance Abuse Services	$2,075,000.00
t.	the Oklahoma Military Department	$5,700,101.00
u.	the Department of Public Safety	$1,194,000.00
v.	the Oklahoma Department of Tourism and Recreation	$10,565,005.00
w.	the Oklahoma Department of Transportation	$5,241,412.00
x.	the Oklahoma Department of Veterans Affairs	$1,450,000.00
y.	the Oklahoma Department of Career and Technology Education	$13,845,303.00
z.	the Oklahoma Water Resources Board	$1,850,000.00
aa.	the Oklahoma Department of Wildlife Conservation	$608,000.00
bb.	the Department of Central Services	$51,833,333.00
GRAND TOTAL	$157,499,999.00
The funds allocated in subparagraph bb of this paragraph shall be spent for capital projects which are important to the furtherance of state functions, as directed by the Governor.
B.  The Authority may hold title to the real and personal property and improvements until such time as any obligations issued for this purpose are retired or defeated and may lease the real property and improvements to the agencies indicated herein.  Upon final redemption or defeasance of the obligations created pursuant to this section, title to the real and personal property and improvements shall be transferred from the Oklahoma Capitol Improvement Authority, to the agencies indicated herein.
C.  For the purpose of paying the costs for acquisition and construction of the real property and improvements and personal property and making the repairs, refurbishments, and improvements to real and personal property, and providing funding for the projects authorized in subsection A of this section, and for the purpose authorized in subsection D of this section, the Authority is hereby authorized to borrow monies on the credit of the income and revenues to be derived from the leasing of such real and personal property and improvements and, in anticipation of the collection of such income and revenues, to issue negotiable obligations in a total amount not to exceed Three Hundred Twenty-five Million Dollars ($325,000,000.00) whether issued in one or more series.  The Department of Central Services is authorized and directed to expend funds from the Capital Improvement Revolving Fund in amounts sufficient to make required payments pursuant to such obligations during the fiscal year ending June 30, 1999.  For subsequent fiscal years, it is the intent of the Legislature to appropriate to the indicated state agencies sufficient monies to make rental payments for the purposes of retiring the obligations created pursuant to this section.  Provided, the Authority shall not issue any obligations pursuant to this section for the purpose of providing funding for the projects authorized in paragraph 16 of subsection A of this section prior to January 1, 2001.  For the fiscal year ending June 30, 2002, and thereafter, it is the intent of the Legislature to appropriate to the agencies administering the projects sufficient monies to make rental payments for the purpose of retiring the obligations created pursuant to this section.
D.  To the extent funds are available from the proceeds of the borrowing authorized by subsection C of this section, the Oklahoma Capitol Improvement Authority shall provide for the payment of professional fees and associated costs related to the projects authorized in subsection A of this section.
E.  The Authority may issue obligations in one or more series and in conjunction with other issues of the Authority.  The Authority is authorized to hire bond counsel, financial consultants, and such other professionals as it may deem necessary to provide for the efficient sale of the obligations and may utilize a portion of the proceeds of any borrowing to create such reserves as may be deemed necessary and to pay costs associated with the issuance and administration of such obligations.
F.  The obligations authorized under this section may be sold at either competitive or negotiated sale, as determined by the Authority, and in such form and at such prices as may be authorized by the Authority.  The Authority may enter into agreements with such credit enhancers and liquidity providers as may be determined necessary to efficiently market the obligations.  The obligations may mature and have such provisions for redemption as shall be determined by the Authority, but in no event shall the final maturity of such obligations occur later than thirty (30) years from the first principal maturity date.
G.  Any interest earnings on funds or accounts created for the purposes of this section may be utilized as partial payment of the annual debt service or for the purposes directed by the Authority.
H.  The obligations issued under this section, the transfer thereof and the interest earned on such obligations, including any profit derived from the sale thereof, shall not be subject to taxation of any kind by the State of Oklahoma, or by any county, municipality or political subdivision therein.
I.  The Authority may direct the investment of all monies in any funds or accounts created in connection with the offering of the obligations authorized under this section.  Such investments shall be made in a manner consistent with the investment guidelines of the State Treasurer.  The Authority may place additional restrictions on the investment of such monies if necessary to enhance the marketability of the obligations.
J.  Insofar as they are not in conflict with the provisions of this section, the provisions of Section 151 et seq. of this title shall apply to this section.
K.  To the extent that the provisions of paragraph 3 of subsection K of Section 85.4 of Title 74 of the Oklahoma Statutes would otherwise be applicable, such provisions shall be inapplicable to assets acquired, for ownership or for use, through the proceeds from the obligations authorized by paragraph 16 of subsection A of this section.
L.  The Legislature finds that several functions of state government are properly performed through the delivery of state services by use of political subdivisions.  In order to facilitate the delivery of essential state services and in furtherance of state governmental functions by the construction, acquisition or improvement of assets which may be located within the corporate limits of a municipality of the State of Oklahoma or which may be located in unincorporated areas of the state and subject to the jurisdiction of a board of county commissioners, but which nonetheless serve an important function of state government, the State of Oklahoma finds that the use of the proceeds from the issuance of obligations pursuant to this section effectuates the performance of essential state governmental functions, including, but not limited to:
1.  Fire protection services;
2.  Roads, bridges and highways located either partially within or completely within the corporate limits of a municipality or in an unincorporated area of the state;
3.  Historic preservation;
4.  Recreational facilities;
5.  Air transportation infrastructure;
6.  Facilities for the housing and care of the elderly;
7.  Juvenile delinquency prevention and treatment facilities;
8.  Agricultural and horticultural event facilities;
9.  Health care facilities, including, but not limited to facilities the primary purpose of which is the treatment or prevention of communicable diseases or illness;
10.  Promotion of tourism;
11.  Promotion of economic development and business site selection; and
12.  Public safety.
M.  Notwithstanding any other provision of law to the contrary, each and every agency, board, commission, department or other entity of state government as identified in paragraph 16 of subsection A of this section shall have the authority to acquire or to transfer such property, whether real or personal, tangible or intangible, as may be required to fully fund the projects and to acquire or improve the assets for which the proceeds from the obligations authorized by this section are available.
SECTION 20.     AMENDATORY     74 O.S. 2001, Section 840-5.5, as last amended by Section 1, Chapter 300, O.S.L. 2008 (74 O.S. Supp. 2009, Section 840-5.5), is amended to read as follows:
Section 840-5.5  A.  The following offices, positions, and personnel shall be in the unclassified service and shall not be placed under the classified service:
1.  Persons chosen by popular vote or appointment to fill an elective office, and their employees, except the employees of the Corporation Commission, the State Department of Education and the Department of Labor;
2.  Members of boards and commissions, and heads of agencies; also one principal assistant or deputy and one executive secretary for each state agency;
3.  All judges, elected or appointed, and their employees;
4.  Persons employed with one-time, limited duration, federal or other grant funding that is not continuing or indefinitely renewable.  The length of the unclassified employment shall not exceed the period of time for which that specific federal funding is provided;
5.  All officers and employees of The Oklahoma State System of Higher Education, State Board of Education and Oklahoma Department of Career and Technology Education;
6.  Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature or a committee thereof or by authority of the Governor.  These appointments and authorizations shall terminate on the first day of the regular legislative session immediately following the appointment, if not terminated earlier.  However, nothing in this paragraph shall prevent the reauthorization and reappointment of any such person.  Any such appointment shall be funded from the budget of the appointing authority;
7.  Election officials and employees;
8.  Temporary employees employed to work less than one thousand (1,000) hours in any twelve-month period, and seasonal employees employed by the Oklahoma Tourism and Recreation Department pursuant to Section 2241 of this title who work less than one thousand six hundred (1,600) hours in any twelve-month period;
9.  Department of Public Safety employees occupying the following offices or positions:
a.	administrative aides to the Commissioner,
b.	executive secretaries to the Commissioner,
c.	the Governor’s representative of the Oklahoma Highway Safety Office who shall be appointed by the Governor,
d.	Highway Patrol Colonel,
e.	Highway Patrol Lieutenant Colonel,
f.	Director of Finance,
g.	noncommissioned pilots,
h.	Information Systems Administrator,
i.	Law Enforcement Telecommunications System Specialist,
j.	Director of Driver Compliance,
k.	Director of Transportation Division,
l.	Director of the Oklahoma Highway Safety Office,
m.	Civil Rights Administrator,
n.	Budget Analyst,
o.	Comptroller,
p.	Chaplain,
q.	Helicopter Mechanic,
r.	Director of Safety Compliance,
s.	Human Resources Director,
t.	Administrator of Department Services, and
u.	a maximum of seven (7) positions for the purpose of administering programs in the Oklahoma Highway Safety Office, within full-time employee limitations of the Department, employed with federal funding that is continuing or indefinitely renewable.  The authorization for such positions shall be terminated if the federal funding for positions is discontinued;
provided, any person appointed to a position prescribed in subparagraph d or e of this paragraph shall have a right of return to the classified commissioned position without any loss of rights, privileges or benefits immediately upon completion of the duties in the unclassified commissioned position;
10.  Professional trainees only during the prescribed length of their course of training or extension study;
11.  Students who are employed on a part-time basis, which shall be seventy-five percent (75%) of a normal forty-hour work week or thirty (30) hours per week, or less, or on a full-time basis if the employment is pursuant to a cooperative education program such as that provided for under Title I IV-D of the Higher Education Act of 1965 (20 U.S.C. 1087a-1087c), as amended, and who are regularly enrolled in:
a.	an institution of higher learning within The Oklahoma State System of Higher Education,
b.	an institution of higher learning qualified to become coordinated with The Oklahoma State System of Higher Education.  For purposes of this section, a student shall be considered a regularly enrolled student if the student is enrolled in a minimum of five (5) hours of accredited graduate courses or a minimum of ten (10) hours of accredited undergraduate courses, provided, however, the student shall only be required to be enrolled in a minimum of six (6) hours of accredited undergraduate courses during the summer, or
c.	high school students regularly enrolled in a high school in Oklahoma and regularly attending classes during such time of enrollment;
12.  The spouses of personnel who are employed on a part-time basis to assist or work as a relief for their spouses in the Oklahoma Tourism and Recreation Department;
13.  Service substitute attendants who are needed to replace museum and site attendants who are unavoidably absent.  Service substitutes may work as part-time or full-time relief for absentees for a period of not more than four (4) weeks per year in the Oklahoma Historical Society sites and museums; such substitutes will not count towards the agency's full-time-equivalent (FTE) employee limit;
14.  Employees of the Oklahoma House of Representatives, the State Senate, or the Legislative Service Bureau;
15.  Corporation Commission personnel occupying the following offices and positions:
a.	Administrative aides, and executive secretaries to the Commissioners,
b.	Directors of all the divisions, personnel managers and comptrollers,
c.	General Counsel,
d.	Public Utility Division Chief Engineer,
e.	Public Utility Division Chief Accountant,
f.	Public Utility Division Chief Economist,
g.	Public Utility Division Deputy Director,
h.	Secretary of the Commission,
i.	Deputy Conservation Director,
j.	Manager of Pollution Abatement,
k.	Manager of Field Operations,
l.	Manager of Technical Services,
m.	Public Utility Division Chief of Telecommunications,
n.	Director of Information Services,
o.	All Data Processing employees hired on or after September 1, 2005,
p.	All Public Utilities employees hired on or after September 1, 2007,
q.	All Regulatory Program Managers hired on or after September 1, 2007, and
r.	All Pipeline Safety Department employees hired on or after September 1, 2008;
16.  At the option of the employing agency, the Supervisor, Director, or Educational Coordinator in any other state agency having a primary responsibility to coordinate educational programs operated for children in state institutions;
17.  Department of Mental Health and Substance Abuse Services personnel occupying the following offices and positions at each facility:
a.	Director of Facility,
b.	Deputy Director for Administration,
c.	Clinical Services Director,
d.	Executive Secretary to Director, and
e.	Directors or Heads of Departments or Services;
18.  Office of State Finance personnel occupying the following offices and positions:
a.	State Comptroller,
b.	Administrative Officers,
c.	Alternator Claims Auditor,
d.	Employees hired to fulfill state compliance agency requirements under Model Tribal Gaming Compacts,
e.	Employees of the Budget Division,
f.	Employees of the Fiscal and Research Division,
g.	Employees hired to work on the CORE Systems Project; and
h.	The following employees of the Information Services Division:
(1)	Information Services Division Manager,
(2)	Network Manager,
(3)	Network Technicians,
(4)	Security Manager,
(5)	Contracts/Purchasing Manager,
(6)	Operating and Applications Manager,
(7)	Project Manager,
(8)	Help Desk Manager,
(9)	Help Desk Technicians,
(10)	Quality Assurance Manager,
(11)	ISD Analysts,
(12)	CORE Manager,
(13)	Enterprise System/Database Software Manager,
(14)	Data Center Operations and Production Manager,
(15)	Voice Communications Manager,
(16)	Applications Development Manager,
(17)	Projects Manager,
(18)	PC’s Manager,
(19)	Servers Manager,
(20)	Portal Manager,
(21)	Procurement Specialists,
(22)	Security Technicians,
(23)	Enterprise Communications and Network Administrator,
(24)	Server Support Specialists,
(25)	Senior Server Support Specialists,
(26)	Systems Support Specialists, and
(27)	Senior Systems Support Specialists;
19.  Employees of the Oklahoma Industrial Finance Authority;
20.  Those positions so specified in the annual business plan of the Oklahoma Department of Commerce;
21.  Those positions so specified in the annual business plan of the Oklahoma Center for the Advancement of Science and Technology;
22.  The following positions and employees of the Oklahoma School of Science and Mathematics:
a.	positions for which the annual salary is Twenty-four Thousand One Hundred Ninety-three Dollars ($24,193.00) or more, as determined by the Office of Personnel Management, provided no position shall become unclassified because of any change in salary or grade while it is occupied by a classified employee,
b.	positions requiring certification by the State Department of Education, and
c.	positions and employees authorized to be in the unclassified service of the state elsewhere in this section or in subsection B of this section;
23.  Office of Personnel Management employees occupying the following positions:
a.	the Carl Albert Internship Program Coordinator,
b.	one Administrative Assistant,
c.	one Workforce Planning Manager,
d.	Assistant Administrators,
e.	one Associate Administrator, and
f.	Division Directors;
24.  Department of Labor personnel occupying the following offices and positions:
a.	two Deputy Commissioners,
b.	two Executive Secretaries to the Commissioner,
c.	Chief of Staff,
d.	two Administrative Assistants,
e.	Information Systems Administrator,
f.	three Safety and Health Directors,
g.	Research Director,
h.	Employment Standards Director,
i.	Asbestos Director,
j.	General Counsel,
k.	one Legal Secretary,
l.	one Docket Clerk, and
m.	two Information Systems Application Specialists;
25.  The State Bond Advisor and his or her employees;
26.  The Oklahoma Employment Security Commission employees occupying the following positions:
a.	Associate Director,
b.	Secretary to the Associate Director, and
c.	Assistant to the Executive Director;
27.  Oklahoma Human Rights Commission personnel occupying the position of Administrative Assistant;
28.  Officers and employees of the State Banking Department;
29.  Officers and employees of the University Hospitals Authority except personnel in the state classified service pursuant to Section 3211 of Title 63 of the Oklahoma Statutes and members of the University Hospitals Authority Model Personnel System created pursuant to subsection E of Section 3211 of Title 63 of the Oklahoma Statutes or as otherwise provided for in Section 3213.2 of Title 63 of the Oklahoma Statutes;
30.  Alcoholic Beverage Laws Enforcement Commission employees occupying the following positions:
a.	three Administrative Service Assistant positions, however, employees in such positions who are in the unclassified service on June 4, 2003, may make an election to be in the classified service without a loss in salary by September 1, 2003, and
b.	the Deputy Director position in addition to the one authorized by paragraph 2 of this subsection;
31.  The Oklahoma State Bureau of Investigation employees occupying the following positions:
a.	five assistant directors,
b.	six special investigators,
c.	one information representative,
d.	one federally funded physical evidence technician,
e.	four federally funded laboratory analysts,
f.	a maximum of fourteen positions employed for the purpose of managing the automated information systems of the agency,
g.	one executive secretary in addition to the one authorized pursuant to paragraph 2 of this subsection,
h.	Child Abuse Response Team (CART) investigator, and
i.	Child Abuse Response Team (CART) forensic interviewer;
32.  The Department of Transportation, the following positions:
a.	Director of the Oklahoma Aeronautics Commission,
b.	five Department of Transportation Assistant Director positions,
c.
b.	eight field division engineer positions,
d.
c.	one pilot position,
e.
d.	five Project Manager Positions, and
f.
e.	five Transportation Coordinators;
33.  Commissioners of the Land Office employees occupying the following positions:
a.	Director of the Investments Division,
b.	Assistant Director of the Investments Division,
c.	one Administrative Assistant,
d.	one Audit Tech position,
e.	one Auditor I position,
f.	two Accounting Tech I positions,
g.	two Administrative Assistant I positions,
h.	two Imaging Specialist positions, and
i.	one Information Systems Specialist position;
34.  Within the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission, the following positions:
a.	six Narcotics Agent positions and three Typist Clerk/Spanish transcriptionists, including a Typist Clerk Supervisor/Spanish transcriptionist, provided, authorization for such positions shall be terminated if the federal funding for the positions is discontinued,
b.	one executive secretary in addition to the one authorized pursuant to paragraph 2 of this subsection,
c.	one fiscal officer,
d.	one full-time Programmer, and
e.	one full-time Network Engineer;
35.  The Military Department of the State of Oklahoma is authorized such unclassified employees within full-time employee limitations to work in any of the Department of Defense directed youth programs, the State of Oklahoma Juvenile Justice youth programs, those persons reimbursed from Armory Board or Billeting Fund accounts, and skilled trade positions;
36.  Within the Oklahoma Commission on Children and Youth the following unclassified positions:
a.	one Oversight Specialist and one Community Development Planner,
b.	one State Plan Grant Coordinator, provided authorization for the position shall be terminated when federal support for the position by the United States Department of Education Early Intervention Program is discontinued,
c.	one executive secretary in addition to the one authorized pursuant to paragraph 2 of this subsection, and
d.	one Programs Manager;
37.  The following positions and employees of the Department of Central Services:
a.	one Executive Secretary in addition to the Executive Secretary authorized by paragraph 2 of this subsection,
b.	the Director of Central Purchasing,
c.	one Alternate Fuels Administrator,
d.	one Director of Special Projects,
e.	three postauditors,
f.	four high-technology contracting officers,
g.	one Executive Assistant to the Purchasing Director,
h.	four Contracts Managers,
i.	one Associate Director,
j.	one specialized HiTech/Food Contracting Officer,
k.	one State Use Contracting Officer,
l.	one Property Distribution Administrator,
m.	three licensed architects assigned to the Construction and Properties Division,
n.	three licensed engineers assigned to the Construction and Properties Division,
o.	eight construction consultants assigned to the Construction and Properties Division,
p.	one attorney assigned to the Construction and Properties Division,
q.	three positions assigned to the Information Services Division, which shall include one Information Technology Manager, one Applications Specialist and one Data Planning Specialist, and
r.	four positions assigned to Fleet Management, which shall include one Deputy Fleet Manager and three Management Analysts;
38.  Oklahoma Water Resources Board personnel occupying the following offices and positions:
a.	four Water Quality Assistant Division Chiefs,
b.	four Water Resources Division Chiefs, and
c.	Director of Water Planning;
39.  J.D. McCarty Center for Children with Developmental Disabilities personnel occupying the following offices and positions:
a.	Physical Therapists,
b.	Physical Therapist Assistants,
c.	Occupational Therapists,
d.	Certified Occupational Therapist Aides, and
e.	Speech Pathologists;
40.  The Development Officer, the Director of the State Museum of History and the Cherokee Strip Regional Heritage Center Director within the Oklahoma Historical Society;
41.  Oklahoma Department of Agriculture, Food, and Forestry personnel occupying the following positions:
a.	one Executive Secretary in addition to the Executive Secretary authorized by paragraph 2 of this subsection and one Executive Assistant,
b.	nineteen Agricultural Marketing Coordinator III positions,
c.	temporary fire suppression personnel, regardless of the number of hours worked, who are employed by the Oklahoma Department of Agriculture, Food, and Forestry; provided, however, notwithstanding the provisions of any other section of law, the hours worked by such employees shall not entitle such employees to any benefits received by full-time employees,
d.	one Information Technology Specialist,
e.	one Director of Administrative Services,
f.	one Water Quality Consumer Complaint Coordinator,
g.	one hydrologist position,
h.	Public Information Office Director,
i.	one Information Technology Technician,
j.	Legal Services Director,
k.	Animal Industry Services Director,
l.	Agricultural Environmental Management Services Director,
m.	Forestry Services Director,
n.	Plant Industry and Consumer Services Director,
o.	one Grants Administrator position,
p.	Director of Laboratory Services,
q.	Chief of Communications,
r.	Public Information Manager,
s.	Inventory/Supply Officer,
t.	five Agriculture Field Inspector positions assigned the responsibility for conducting inspections and audits of agricultural grain storage warehouses.  All other Agriculture Field Inspector positions and employees of the Oklahoma Department of Agriculture, Food, and Forestry shall be classified and subject to the provisions of the Merit System of Personnel Administration.  On November 1, 2002, all other unclassified Agriculture Field Inspectors shall be given status in the classified service as provided in Section 840-4.2 of this title,
u.	Rural Fire Coordinator,
v.	one Agricultural Marketing Coordinator I,
w.	Food Safety Division Director,
x.	two Environmental Program Specialists,
y.	two Scale Technicians, and
z.	two Plant Protection Specialists;
42.  The Contracts Administrator within the Oklahoma State Employees Benefits Council;
43.  The Development Officer within the Oklahoma Department of Libraries;
44.  Oklahoma Real Estate Commission personnel occupying the following offices and positions:
a.	Educational Program Director, and
b.	Data Processing Manager;
45.  A Chief Consumer Credit Examiner for the Department of Consumer Credit;
46.  All officers and employees of the Oklahoma Capitol Complex and Centennial Commemoration Commission;
47.  All officers and employees of the Oklahoma Motor Vehicle Commission;
48.  One Museum Archivist of The Will Rogers Memorial Commission;
49.  One Fire Protection Engineer of the Office of the State Fire Marshal;
50.  Acting incumbents employed pursuant to Section 209 of Title 44 or Section 48 of Title 72 of the Oklahoma Statutes who shall not be included in any limitation on full-time equivalency imposed by law on an agency.  Permanent classified employees may request a leave of absence from classified status and accept an unclassified appointment and compensation as an acting incumbent with the same agency; provided, the leave shall expire no later than two (2) years from the date of the acting incumbent appointment.  An appointing authority may establish unclassified positions and appoint unclassified employees to perform the duties of a permanent classified employee who is on leave of absence from a classified position to serve as an acting incumbent.  All unclassified appointments created pursuant to this paragraph shall expire no later than two (2) years from the date of appointment.  Classified employees accepting unclassified appointments and compensation pursuant to this paragraph shall be entitled to participate without interruption in any benefit programs available to classified employees, including retirement and insurance programs.  Immediately upon termination of an unclassified appointment pursuant to this paragraph, an employee on assignment from the classified service shall have a right to be restored to the classified service and reinstated to the former job family level and compensation plus any adjustments and increases in salary or benefits which the employee would have received but for the leave of absence;
51.  The Oklahoma Homeland Security Director and all other positions assigned the responsibilities of working in the Oklahoma Office of Homeland Security;
52.  The following eighteen (18) positions in the State Department of Health:
a.	one surveillance supervisor,
b.	one surveillance project monitor,
c.	two bilingual interviewers,
d.	eight senior interviewers, and
e.	six interviewers;
53.  State Board of Registration for Professional Engineers and Land Surveyors personnel occupying the following offices and positions:
a.	one Director of Enforcement, and
b.	two Board Investigators;
54.  One Information Systems Data Management Analyst of the Oklahoma State and Education Employees Group Insurance Board; and
55.  Two Management Information Systems positions of the Office of Juvenile Affairs; and
56.  The employees of the Oklahoma Aviation Commission.
B.  If an agency has the authority to employ personnel in the following offices and positions, the appointing authority shall have the discretion to appoint personnel to the unclassified service:
1.  Licensed medical doctors, osteopathic physicians, dentists, psychologists, and nurses;
2.  Certified public accountants;
3.  Licensed attorneys;
4.  Licensed veterinarians; and
5.  Licensed pharmacists.
C.  Effective July 1, 1996, authorization for unclassified offices, positions, or personnel contained in a bill or joint resolution shall terminate June 30 of the ensuing fiscal year after the authorization unless the authorization is codified in the Oklahoma Statutes or the termination is otherwise provided in the legislation.
D.  The appointing authority of agencies participating in the statewide information systems project may establish unclassified positions and appoint unclassified employees to the project as needed.  Additional unclassified positions may be established, if required, to appoint an unclassified employee to perform the duties of a permanent classified employee who is temporarily absent from a classified position as a result of assignment to this project.  All unclassified appointments under this authority shall expire no later than December 31, 2007, and all unclassified positions established to support the project shall be abolished.  Both the positions and appointments resulting from this authority shall be exempt from any agency FTE limitations and any limits imposed on the number of unclassified positions authorized.  Permanent classified employees may request a leave of absence from classified status and accept an unclassified appointment and compensation with the same agency under the provisions of this subsection; provided, the leave shall expire no later than December 31, 2007.  Employees accepting the appointment and compensation shall be entitled to participate without interruption in any benefit programs available to classified employees, including retirement and insurance programs.  Immediately upon termination of an unclassified appointment pursuant to this subsection, an employee on assignment from the classified service shall have a right to be restored to the classified service and reinstated to the former job family level and compensation plus any adjustments and increases in salary or benefits which the employee would have received but for the leave of absence.
SECTION 21.     AMENDATORY     74 O.S. 2001, Section 5060.4, as last amended by Section 79, Chapter 1, O.S.L. 2007 (74 O.S. Supp. 2009, Section 5060.4), is amended to read as follows:
Section 5060.4  As used in the Oklahoma Science and Technology Research and Development Act:
1.  “COEAT” means Center of Excellence for Aerospace Technology, an initiative within the Oklahoma Aerospace Institute Stafford Center that undertakes applied research, development and technology transfer that has long-term potential for commercial development;
2.  “CASQ” means Center of Aerospace Supplier Quality, an initiative within the Oklahoma Aerospace Institute Stafford Center that serves as a conduit between Oklahoma’s military installations and the aerospace industry;
3.  "Applied research" means those research activities occurring at institutions of higher education, nonprofit research foundations, and in private enterprises which have potential commercial application;
4.  "Basic research" means any original investigation for the advancement of scientific knowledge not having a specific commercial objective, but having potential long-range value to commercial interests;
5.  "Board" means the Oklahoma Science and Technology Research and Development Board;
6.  "Center" or "OCAST" means the Oklahoma Center for the Advancement of Science and Technology;
7.  "Enterprise" means a firm with its principal place of business in Oklahoma;
8.  "Health research project" means a specific examination, experimentation or investigation, or initiative to provide research resources oriented principally toward basic, applied, and developmental scientific inquiry related to the causes, diagnosis, prevention, and treatment of human diseases and disabilities and mental health and emotional disorders, and the rehabilitation of persons afflicted with such diseases, disabilities, and disorders; new knowledge, better understanding, and innovative methods to improve the processes by which health care services are made available and how they may be provided more efficiently, more effectively and at a lower cost, for all the citizens of this state; and the development of new products and services which shall form the basis of new high-technology health research and care industry for this state;
9.  "Industrial Extension System" means a coordinated network of public and private manufacturing modernization resources, the purpose of which is to stimulate the competitiveness of Oklahoma small and medium-sized manufacturing firms;
10.  "Institute" means the Oklahoma Institute of Technology;
11.  "Institutional Review Board" means a committee composed of investigators, lay representatives, and legal counsel, which is established at each institution of higher learning and each nonprofit research institution receiving funds from a health research project, for the express purpose of determining the appropriateness of any research involving human subjects;
12.  "Institutions of higher education" means public and private colleges and universities in the state;
13.  "Investigator" means a person who proposes research projects and is primarily responsible for the execution of the proposed projects and is employed by or affiliated with an institution of higher education, a nonprofit research institution in this state, or a private enterprise;
14.  “Nanotechnology” means technology development at the molecular range (1nm to 100nm) to create and use structures, devices, and systems that have novel properties because of their small size;
15.  "New technology" means methods, products, processes and procedures developed through science or research;
16.  "Nonprofit research institution" means any not-for-profit public or private facility in this state which has the capabilities for research projects and which is not a subsidiary of any corporation, partnership, or association organized for profit, nor is its stock or assets owned or controlled by a corporation, partnership, or association organized for profit;
17.  “OAI” means Oklahoma Aerospace Institute, a strategic partnership that will focus available resources to promote cooperation and collaboration among Oklahoma businesses, manufacturers, military installations, commercial aviation, higher education institutions, nonprofit research institutions, and state government;
18.  "OAME" means the Oklahoma Alliance for Manufacturing Excellence, Inc., a corporation to be formed pursuant to the provisions of Title 18 of the Oklahoma Statutes and Section 5060.26 of this title;
19. 18.  “ONAP” means the Oklahoma Nanotechnology Applications Project;
20. 19.  “OSTRaD” means the Oklahoma Science and Technology Research and Development Act;
21. 20.  "Person" means any individual, partnership, corporation or joint venture carrying on business or proposing to carry on business within the state;
22. 21.  “Plant science research” means those research activities occurring at institutions of higher education, nonprofit research institutions, and in private enterprises, which have potential commercial application and concern plant productivity, renewable biomass, plant-based environmental applications and chemical platforms, plant-based solutions to improve nutrition, human and/or animal health or performance, process applications, and seed management and the development of new products and services that shall form the basis of new, high-technology plant science/agriculture industry for this state;
23. 22.  "Product" means any outcome, device, technique or process, which is or may be developed or marketed commercially and which has advanced beyond the theoretical stage and is in a prototype or practice stage;
24. 23.  "Professional service contract" means a written agreement providing funds for the performance of a research project; for salaries and fringe benefits of personnel associated with research programs; for research equipment; for operating expenses associated with a research program; or for services provided in connection with the evaluation of applications submitted to the Center;
25. 24.  "Qualified security" means any public or private financial arrangement, involving any note, security, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable security, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a "security" or any certificate for, receipt for, guarantee of, or option, warrant or right to subscribe to or purchase any of the foregoing to the extent allowed by law;
26. 25.  "Seed-capital" means financing that is provided for the development, refinement and commercialization of a product, process or innovation, whether for the startup of a new firm or the expansion or the restructuring of a small firm;
26.  “SC” means Stafford Center, a strategic partnership that will focus available resources to promote cooperation and collaboration among Oklahoma businesses, manufacturers, military installations, commercial aviation, higher education institutions, nonprofit research institutions, and state government; and
27.  "Technology transfer" means a two-way process by which ideas or inventions for processes or products (developed in research programs usually on a laboratory or pilot-plant scale) are converted to commercial use.
SECTION 22.  This act shall become effective January 1, 2011.

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