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SENATE FLOOR VERSION
April 7, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1681 By: Grego, Hardin (David),
Fugate, Phillips, Townley
and Olsen of the House
and
Bullard and Burns of the
Senate
[ state government - occupying a reserved space or
failing to pay entrance fees - annual state park
passes - codification - effective dates -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2217A of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. No person shall:
1. Physically occupy a campsite identified as "Reserved" by
Department staff or by the park reservation system, or fail to
vacate a campsite within a reasonable time after being notified of
the campsite's reserve d status by Department staff; or
2. Enter an area of a state park that is identified as an area
requiring payment of an entry fee without having first paid the
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entry fee or being a valid park entry passholder for the date of
entry.
B. Any violation of the pro visions of this section may be
punishable by an administrat ive fine not exceeding:
1. Fifty Dollars ($50.00) for a first offense;
2. One Hundred Dollars ($100.00) for a second offense; and
3. Two Hundred and Fif ty Dollars ($250.00) for any third or
subsequent offense.
C. All monies collected pur suant to this section shall be
deposited in the Oklahoma Tourism and Recreation Department
Revolving Fund.
SECTION 2. AMENDATORY 74 O.S. 2011, Section 2220, as
amended by Section 1, Chapter 243, O.S.L. 2017 (74 O.S. Supp. 2020,
Section 2220), is amended to read as follows:
Section 2220. A. The Oklahoma Tourism and Recre ation
Commission may prescribe and collect reasonable rates and fees
pursuant to the provisions of this section for the services,
facilities and commodities rendered by all property of the
Commission.
1. The Commission may establish maximum rates for room s at the
state lodges and cabins, for recreational activities, for
recreational vehicles and camping sites , and for community
facilities under control of the Commission. The method whereby the
rates are determined shall be promulgated pursuant to Article I of
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the Administrative Procedures Act. At least twenty (20) days prior
to the adoption or approval of any rate changes by the Commission,
the Department shall submit a copy of the proposed rates, for
informational purposes, to the Governor, Speaker of th e House of
Representatives and President Pro Tempore of the Senate. Any change
in the rates during the year when the Legislature is not in session
shall be reported in writing to the Governor, Speaker of the House
of Representatives and President Pro Temp ore of the Senate within
five (5) business days of such Commission action.
2. The Commission may establish maximum charges for all
activities at state-owned golf courses. The charges may vary among
the different golf courses according to the practices of the golf
industry. The method whereby the maximum charges are determined
shall be in accordance with rules promulgated pursuant to Article I
of the Administrative Procedures Act. At least twenty (20) days
prior to the adoption or approval of any rate ch anges by the
Commission, the Department shall submit a copy of such proposed
charges, for informational purposes, to the Governor, Speaker of the
House of Representatives and President Pro Tempore of the Senate.
3. The Commission may establish entrance or day-use charges for
the state park system. All monies collected from entrance or day -
use charges shall be used at the state parks where the charges were
collected. The Commission may establish an annual pass, or other
varied passes as appropriate to tha t park, for visitors. The method
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whereby the maximum charges are determined, sold , and collected
shall be in accordance with rules promulgated pursuant to Article I
of the Administrative Procedures Act. At least twenty (20) days
prior to the adoption or approval of any rate changes by the
Commission, the Department shall submit a copy of such proposed
charges, for informational purposes, to the Governor, Speaker of the
House of Representatives and President Pro Tempore of the Senate.
4. Fees Except as provided in this section, fees shall be
promulgated pursuant to Article I of the Administrative Procedures
Act.
5. Fees Except as provided in this section, fees may reflect
the seasonal usage of the parks and facilities and for promotional
purposes and goals.
6. The Commission shall establish an annual single park pass
for residents of this s tate in an amount not more than Twenty
Dollars ($20.00); provided, however, residents of this state aged
sixty-two (62) years and older shall be exempt as provided in
subsection B of this section. A nonresident annual single par k pass
shall be established in an amount not less than Seventy -five Dollars
($75.00) and there shall be no exemption for nonresidents aged
sixty-two (62) years or older. The Commission may es tablish annual
multi-park passes in such amounts for residents of this state and
nonresidents as determined by the Commission.
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B. All fees, licenses and other charges shall be posted in a
convenient place in each park. Every person using any of the
facilities in a park shall be charged the same fees, licenses and
every other charge except:
1. Residents of this state sixty -two (62) years of age and over
and their spouses shall not be charged any admission fees for
entrance into any state -owned and state-operated park. The
Commission may promulgate rules establishi ng different fees for
residents and nonresidents sixty -two (62) years of age and over.
Identification may For purposes of fee exemptions, identification
shall be established by presentation of proo f of age, and residency,
by a state driver license, a state license for identification only,
birth certificate or any other form of identification authorized by
the Commission;
2. Individuals who have been certified as totally disabled
under state or federal law and their spouses shall be entitled to a
fifty percent (50%) reduction of fees which apply to recreational -
use facilities;
3. Children's groups, volunteer groups as specified by the
Commission, or governmental entities that provide beneficial
services at the facility for which the fee may be have fees reduced
or waived as determined by the Commission ; and
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4. Special discount rates as authorized in this section may be
waived for individuals who are members of a group being provided a
special group rate as allowed by law.
C. The willful failure to collect such fees, licenses and other
charges shall subject an the responsible employee of the Commission
to a an administrative fine of Twenty-five Dollars ($25.00) for each
and every violation.
SECTION 3. Section 1 of this act shall become effective July 1,
2021.
SECTION 4. Section 2 of this act shall beco me effective July 1,
2023.
SECTION 5. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 7, 2021 - DO PASS AS AMENDED