Oklahoma 2022 Regular Session

Oklahoma House Bill HB1681 Compare Versions

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29		-	SENATE FLOOR VERSION
30		-	April 7, 2021
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 58th Legislature (2021)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 1681 By: Grego, Hardin (David),
	34	+	HOUSE BILL 1681 By: Grego, Hardin (David),
36	35		Fugate, Phillips, Townley
37	36		and Olsen of the House
38	37
39	38		and
40	39
41	40		Bullard and Burns of the
42	41		Senate
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46	45
47		-	[ state government - occupying a reserved space or
48		-	failing to pay entrance fees - annual state park
49		-	passes - codification - effective dates -
50		-	emergency ]
	46	+
	47	+
	48	+	COMMITTEE SUBSTITUTE
	49	+
	50	+	An Act relating to state government; providing
	51	+	enforcement for occupying a reserved space or failing
	52	+	to pay entrance fees; setting administrative
	53	+	penalties; amending 74 O.S. 2011, Section 2220, as
	54	+	amended by Section 1, Chapter 243, O.S.L. 2017 (7 4
	55	+	O.S. Supp. 2020, Section 2220), which relates to the
	56	+	Oklahoma Tourism, Parks and Recreation Enhancement
	57	+	Act; modifying language; establishing annual state
	58	+	park passes; setting annual park pass fees for
	59	+	residents and nonresidents; authorizing annual multi -
	60	+	park passes; providing for codification; providing
	61	+	effective dates; and declaring an emergency.
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55	66		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	67		SECTION 1. NEW LAW A new section of law to be codified
57	68		in the Oklahoma Statute s as Section 2217A of Title 74, unless there
58	69		is created a duplication in numbering, reads as follows:
59	70		A. No person shall:
60		-	1. Physically occupy a campsite identified as "Reserved" by
61		-	Department staff or by the park reservation system, or fail to
62		-	vacate a campsite within a reasonable time after being notified of
63		-	the campsite's reserve d status by Department staff; or
64		-	2. Enter an area of a state park that is identified as an area
65		-	requiring payment of an entry fee without having first paid the
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	97	+	1. Physically occupy a campsite identified as "Reserved" by
	98	+	Department staff or by the park reservation s ystem, or fail to
	99	+	vacate a campsite within a reasonable time after being notified of
	100	+	the campsite's reserve d status by Department staff; or
	101	+	2. Enter an area of a state park that is identified as an area
	102	+	requiring payment of an entry fee without having first p aid the
93	103		entry fee or being a valid park entry passholder for the date of
94	104		entry.
95	105		B. Any violation of the pro visions of this section may be
96	106		punishable by an administrat ive fine not exceeding:
97	107		1. Fifty Dollars ($50.00) for a first offense;
98	108		2. One Hundred Dollars ($100 .00) for a second offense; and
99	109		3. Two Hundred and Fif ty Dollars ($250.00) for any third or
100	110		subsequent offense.
101	111		C. All monies collected pur suant to this section shall be
102	112		deposited in the Oklahoma Tourism and Recreation Department
103	113		Revolving Fund.
104	114		SECTION 2. AMENDATORY 74 O.S. 2011, Section 2220, as
105	115		amended by Section 1, Chapter 243, O.S.L. 2017 (74 O.S. Supp. 2020,
106	116		Section 2220), is amended to read as follows:
107	117		Section 2220. A. The Oklahoma Tourism and Recreation
108	118		Commission may prescri be and collect reasonable rates and fees
109	119		pursuant to the provisions of this section for the services,
110		-	facilities and commodities rendered by all property of the
111		-	Commission.
112		-	1. The Commission may establish maximum rates for room s at the
113		-	state lodges and cabins, for recreational activities, for
114		-	recreational vehicles and camping sites , and for community
115		-	facilities under control of the Commission. The method whereby the
116		-	rates are determined shall be promulgated pursuant to Article I of
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	146	+	facilities and commodities rendered by all property of the
	147	+	Commission.
	148	+	1. The Commission may establish maximum rates for rooms at the
	149	+	state lodges and cabins, for recreational activities, for
	150	+	recreational vehicles and camping sites , and for community
	151	+	facilities under control of the Commission. The method whereby the
	152	+	rates are determined shall be promulgated pursuant to Article I of
144	153		the Administrative Proc edures Act. At least twenty (20) days prior
145	154		to the adoption or approval of any rate changes by the Commission,
146	155		the Department shall submit a copy of the proposed rates, for
147	156		informational purposes, to the Governor, Speaker of the House of
148	157		Representatives and President Pro Tempore of the Senate. Any change
149	158		in the rates during the year when the Legislature is not in session
150	159		shall be reported in writing to the Governor, Speaker of the House
151	160		of Representatives and President Pro Tempore of the Senate within
152	161		five (5) business days of such Commission action.
153	162		2. The Commission may establish maximum charges for all
154	163		activities at state-owned golf courses. The charges may vary among
155	164		the different golf courses according to the practices of the golf
156	165		industry. The method whereby the maximum charges are determined
157	166		shall be in accordance with rules promulgated pursuant to Article I
158	167		of the Administrative Procedures Act. At least twenty (20) days
159	168		prior to the adoption or approval of any rate changes by the
160	169		Commission, the Department shall submit a copy of such proposed
161		-	charges, for informational purposes, to the Governor, Speaker of the
162		-	House of Representatives and President Pro Tempore of the Senate.
163		-	3. The Commission may establish entrance or day-use charges for
164		-	the state park system. All monies collected from entrance or day -
165		-	use charges shall be used at the state parks where the charges were
166		-	collected. The Commission may establish an annual pass, or other
167		-	varied passes as appropriate to tha t park, for visitors. The method
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	196	+	charges, for informational purposes, to the Governor, Speaker of the
	197	+	House of Representatives and President Pro Tempore of the Senate.
	198	+	3. The Commission may establish entrance or day -use charges for
	199	+	the state park system. All monies collected from entrance or day -
	200	+	use charges shall be used at the state parks where the charges were
	201	+	collected. The Commission may establish an annual pass, or other
	202	+	varied passes as appropriate to that park , for visitors. The method
195	203		whereby the maximum charges are determined, sold , and collected
196	204		shall be in accordance with rules promulgated pursuant to Article I
197	205		of the Administrative Procedures Act. At least twenty (20) days
198	206		prior to the adoption or approval of any rate changes by the
199	207		Commission, the Department shall submit a copy of such proposed
200	208		charges, for informational purposes, to the Governor, Speaker of the
201	209		House of Representatives and President Pro Tempore of the Senate.
202	210		4. Fees Except as provided in this section, fees shall be
203	211		promulgated pursuant to Article I of the Administrative Procedures
204	212		Act.
205	213		5. Fees Except as provided in this section, fees may reflect
206	214		the seasonal usage of the parks and facilities and for promotional
207	215		purposes and goals.
208	216		6. The Commission shall establi sh an annual single park pass
209	217		for residents of this s tate in an amount not more than Twenty
210	218		Dollars ($20.00); provided, however, residents of this state aged
211	219		sixty-two (62) years and older shall be exempt as provided in
212		-	subsection B of this section. A nonresident annual single par k pass
213		-	shall be established in an amount not less than Seventy -five Dollars
214		-	($75.00) and there shall be no exemption for nonresidents aged
215		-	sixty-two (62) years or older. The Commission may es tablish annual
216		-	multi-park passes in such amounts for residents of this state and
217		-	nonresidents as determined by the Commission.
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	246	+	subsection B of this section. A non resident annual single par k pass
	247	+	shall be established in an amount not less than Seventy -five Dollars
	248	+	($75.00) and there shall be no exemption for nonresidents aged
	249	+	sixty-two (62) years or older. The Commission may es tablish annual
	250	+	multi-park passes in such amounts for residents of this state and
	251	+	nonresidents as determined by the Commission.
245	252		B. All fees, licenses and other charges shall be posted in a
246	253		convenient place in each park. Every person using any of the
247	254		facilities in a park shall be charged the s ame fees, licenses and
248	255		every other charge except:
249	256		1. Residents of this state sixty -two (62) years of age and over
250	257		and their spouses shall not be charged any admission fees for
251	258		entrance into any state -owned and state-operated park. The
252	259		Commission may promulgate rules establishing different fees for
253	260		residents and nonresidents sixty -two (62) years of age and over.
254	261		Identification may For purposes of fee exemptions, identification
255	262		shall be established by presentation of proof of age , and residency,
256	263		by a state driver license, a state license for identification only,
257	264		birth certificate or any other form of identification authorized by
258	265		the Commission;
259	266		2. Individuals who have been certified as totally disabled
260	267		under state or federal law and their spouses shall be entitled to a
261	268		fifty percent (50%) reduction of fees which apply to recreational -
262	269		use facilities;
263		-	3. Children's groups, volunteer groups as specified by the
264		-	Commission, or governmental entities that provide beneficial
265		-	services at the facility for which the fee may be have fees reduced
266		-	or waived as determined by the Commission ; and
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	296	+	3. Children's groups, volunteer groups as specified by the
	297	+	Commission, or governmental entities that provide beneficial
	298	+	services at the facility for which the fee may be have fees reduced
	299	+	or waived as determined by the Commission ; and
294	300		4. Special discount rates as authorized in this section may be
295	301		waived for individuals who are members of a group being provided a
296	302		special group rate as allowed by law.
297	303		C. The willful failure to collect such fees, licenses and other
298	304		charges shall subject an the responsible employee of the Commission
299	305		to a an administrative fine of Twenty-five Dollars ($25.00) for each
300	306		and every violation.
301	307		SECTION 3. Section 1 of this act shall become effective July 1,
302	308		2021.
303	309		SECTION 4. Section 2 of this act shall beco me effective July 1,
304	310		2023.
305	311		SECTION 5. It being immediately necessary for the pr eservation
306	312		of the public peace, health or safety, an emer gency is hereby
307	313		declared to exist, by reason whereof this act shall take effect and
308	314		be in full force from and after its passage and approval.
309		-	~~COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS~~
310		-	~~April~~ 7, 2021 ~~- DO PASS AS AMENDED~~
	315	+
	316	+	58-1-2061 NP 4/7/2021 10:42:55 AM