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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4162 By: Townley
AS INTRODUCED
An Act relating to the Tourism and Recreation
Department; amending 74 O.S. 2021, Sections 2202,
2205, 2207, 2208, 2210, 2211, 2212, 2213, 2214, 2215,
2216, 2219, 2220, 2221, 2222, 2223, 2224, 2225, 2226,
2228, 2229, 2232, 2234, 2240, 2243, 2244, 2245, 2248,
2249, 2250, 2251, 2253, 2256, 2257, 2258, 2259, 2260,
2261, 2262, 2263, 2264, 2267, 2268, 2269, 2271, 2272,
2273, 2274, 2276, 2276.1, 2276.2, 2278, 2280, 2281,
2282, and 2283, which relate to the Tourism and
Recreation Department; changing entity designation;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 2202, is
amended to read as follows :
Section 2202. A. It shall be the purpose of the Commission and
the Department to:
1. Conserve and protect the parkland under the control of the
Commission;
2. Oversee the operation and maintenance of the state's lodges
and golf courses;
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3. Promote tourism by publicity and dissemination of
information;
4. Assist in promotion of events sponsored by municipalities,
associations, and organizations commemorating sp ecial events of
local or historical interest;
5. Educate the public on the people, places, events, culture,
and history of Oklahoma; and
6. Function in an advisory capacity to the Governor, State
Legislature, state agencies, municipalities, and to privat e
organizations on matters pertaining to tourism and recreation.
B. The Commission Executive Director shall determine or set
policy for the Department and shall determine the broad plans and
programs necessary to accomplish the duties and responsibilities in
the Commission Department.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 2205, is
amended to read as follows :
Section 2205. The Commission Executive Director shall prepare
and submit to the Governor and to the Legislature on the first day
of each legislative session a report of the activities of the
Department, together with all information and data in the possession
of the Department as the Commission Executive Director shall deem of
value to the Governor, the Legislature and the people of the Stat e
of Oklahoma. Each report may contain recommendations for
legislation as the Commission Executive Director may deem necessary
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to give full effect to all the provisions of the Oklahoma Tourism,
Parks and Recreation Enhancement Act .
SECTION 3. AMENDATORY 74 O.S. 2021, Section 2207, is
amended to read as follows :
Section 2207. Subject to the policies and rules of the
Commission, the The Executive Director shall:
1. Organize the Department in a manner to efficiently achieve
the objectives of the Commission Department;
2. Prepare and submit plans for a dministering the programs of
the Commission Department;
3. Prepare a person nel schedule, employ personnel, define
duties, appoint technicians and consultants, and fix salaries or
compensation;
4. Administer all policies formulated and adopted by the
Commission Department;
5. Enter into leases, grant easements and execute such
instruments as in the judgment of the Commission are necessary or
convenient to the exercise of those powers an d duties of the
Commission Department pursuant to the Oklahoma Tourism, Parks and
Recreation Enhancemen t Act. The Executive Director shall provid e a
monthly report to the Commission Department of actions taken as a
result of such delegation;
6. Develop and implement a pay incentive plan for employees of
the Department. Incentive pay shall not be included in the base
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salary of an employee, and shall be based on the goals and
eligibility established by the Commission Executive Director on an
annual basis. Incentive pay shall not exceed ten percent (10%) of
the salary of each eligible employee or the total change in improved
financial performance for each facility over the previous fiscal
year. Such compensation shall not be subject to the requirements of
Section 840-2.17 of Title 74 of the Oklahoma Statutes this title.
The Commission Department shall promulgate rules for the
implementation of the plan; and
7. Authorize any division of the Department to sell advertising
in any of the publications of the division, on division property on
which advertising is sold in the tourism industry, or on its web
site, provided that such advertising shall be approved by the
Division Director or designee prior to acceptance for publication.
The sale of advertising and negotiation of rates for the advertising
shall not be subject to the Central Purchasing Act or the
Administrative Procedures Act.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 2208, is
amended to read as follows :
Section 2208. The Executive Director may authorize the use of
revolving fund income for entertainment and promotion expenses of
the Department, provided that the expenses are directly related to
business development for state -operated or state-owned facilities
and the furtherance of tourism in Oklahoma. In all cases, the
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expenses shall be approved in advance by the Executive Director, be
audited by the fiscal officer for the Department on a monthly basis,
and submitted to the Commission as an item for information.
SECTION 5. AMENDATORY 74 O.S. 2021, Section 2210, is
amended to read as follows :
Section 2210. The Executive Director is hereby authorized to
employ an attorney as needed, within the total employee limit
authorized for the operation of the De partment, on a full- or part-
time basis, to advise the Commission, the Executive Director and
other department personnel on legal matters and to appear for and
represent the Commission Department and the Executive Director in
administrative hearings and ot her legal actions and procedures
related to their officia l duties. Upon the request of the
Commission or the Executive Director, it shall be the duty of the
Office of the Attorney General to give an official opinion,
prosecute, and defend actions of the C ommission or Department.
SECTION 6. AMENDATORY 74 O.S. 2021, Section 2211, is
amended to read as follows :
Section 2211. There are hereby created within the Oklahoma
Tourism and Recreation Department the Division of State Parks, the
Travel Promotion Division, "Oklahoma Today Magazine ", and the
Division of Administrative Services; provided, howe ver, the
Commission Executive Director shall have authority, by resolution,
to create other divisions and may, by resolution, combine or aboli sh
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any or all such divisions, as deemed to be necessary to carry out
its duties under the Oklahoma Tourism, Parks and Recreation
Enhancement Act.
SECTION 7. AMENDATORY 74 O.S. 2021, Section 2212, is
amended to read as follows :
Section 2212. The Commission Department shall have the
authority to exercise the following powers, rights and privileges
related to state parks:
1. Have the exclusive possession and control of, and to operate
and maintain for the benefit of the people of the State of Oklahoma
all state parks and all lands and other properties now or hereafter
owned or leased by the state or Commission for park or recreational
purposes;
2. Acquire by purchase, exchange, lease, gift , condemnation, or
in any other manner and to maintain, use and operate any and all
property, real, personal or mixed, necessary or convenient to the
exercise of the powers, rights, privileges and functions conferred
upon it by the Oklahoma Tourism, Parks and Recreation Enhancement
Act. Title to all such property shall be vested in the State of
Oklahoma, although such property is sometimes herein referred to as
property "of the Commission Department". The power of condemnation
herein granted shall be exer cised in the manner p rovided by the
general laws of the state for the condemnation of property by the
state;
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3. Subject to the provisions of the Oklahoma Tourism, Parks and
Recreation Enhancement Act , from time to time lease, without
restriction as to ter m, any property which the Commission Department
shall determine to be necessary or convenient to more fully carry
into effect the duties and powers of said Commission Department; and
4. Acquire, conserve, protect, construct, extend, reduce,
improve, maintain and ope rate any and all facilities of a ll kinds
which in the judgment of the Commission Executive Director will
provide recreational or other facilities for the benefit of the
public, or which are necessary or convenient to the exercise of the
powers of the Commission Department.
SECTION 8. AMENDATORY 74 O.S. 2021, Section 2213, is
amended to read as follows :
Section 2213. The Commission Executive Director may contract
for the study, analysis, and planning as reasonably necessary to aid
in determining the feasibility of lea sing, selling or privately
managing or developing the property or facilities under the control
of the Commission Department. The Commission Department shall be
exempt from the competitive bidding requirements of the Oklahoma
Central Purchasing Act for the purpose of soliciting, negotiating,
and effectuating such a contract or contrac ts.
SECTION 9. AMENDATORY 74 O.S. 2021, Section 2214, is
amended to read as follows :
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Section 2214. A. Any person, natural or corporate, who submits
a bid on a contract for work or services, or for the furnishing of
materials, equipment, or supplies , or for the sale of any other
thing of value where a contract is involved, shall submit, at the
time of contract execution, a performance bond in such form a nd
amount as may be required by the Commission Executive Director, or
any existing statutory provi sion. Any lessee leasing any portion of
a state park, lake, or recrea tion area under the authority of any
law shall submit a performance bond in such form an d amount as may
be required by the Commission Executive Director. All such bonds
shall be in such form as is approved by law for other performance
bonds made to the State of Oklahoma, an d shall be deposited with the
Secretary of State. This section is cu mulative to existing law, and
is intended to require performance security for contracts and leases
involving state parks, lakes, and recreation areas in those
instances where no such bond s or other securities are presently
required by law.
B. For the purpose of this section, performance bonds shall
include, but not be limited to, cash payments, cashie r's checks and
irrevocable letters of credit.
SECTION 10. AMENDATORY 74 O.S. 2021, Section 2215, is
amended to read as follows :
Section 2215. The Division of State Parks shall, subject to the
policies and rules of the Commission Department:
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1. Conserve, preserve, plan, supervise, construct, enlarge,
reduce, improve, maintain, equip and operate parkland and pub lic
recreation facilities i ncluding, but not limited to, lodges, cabins,
camping sites, scenic trails, picnic sites, golf courses, boating,
and swimming facilities under the jurisdiction and control of the
Commission. All facilities in state parks shall b e reasonably
necessary and useful in promoting the public use of state parks and
shall be in accord with the resource management plan for the
respective park;
2. Supervise the management and use of state properties and
facilities under the jurisdiction of the Commission Department, with
an emphasis on conserving, protecting, and enhancing the natural,
ecological, historic, cultural, and other resources contained in
each park and to provide for the public enjoyment of and access to
these resources in a manner which wi ll protect them for future
generations;
3. Formulate, establish, maintain, and periodically review with
public participation a resource management plan for each state park.
The resource management plan, upon approval by the Commission
Executive Director, shall be considered a guide for the development,
utilization, protection, and management of the state park and its
natural, cultural, historic, and recreational resources;
4. Authorize those employees in the Park Manager job family
classification series, as established by the Office of Management
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and Enterprise Services, to maintain administrative control over all
facilities, programs, operations, services, and employees in the
park to which they are assigned; and
5. Enforce the rules and policies governing the use of a nd
conduct of patrons in all recreational facilities and properties of
the Commission Department. The Commission Department may adopt
rules to lease concessions in any state -owned facility if the
Commission Department deems it feasible.
SECTION 11. AMENDATORY 74 O.S. 2021, Section 2216, is
amended to read as follows :
Section 2216. Park Rangers, subject to the policies of the
Commission Department, shall:
1. Obtain a commission as an officer or employee pursuant to
the certification specified in Section 3311 of Title 70 of the
Oklahoma Statutes and by the Div ision of State Parks;
2. Secure the parks and property of the Department and maintain
law and order therein;
3. Maintain the powers of peace officers except the serving or
execution of civil process, have in all parts of the state the same
powers with respect to criminal matters and enforcement of the laws
relating thereto as sheriffs, highway patrolmen and police officers
in their respective jurisdictions and possess all immuni ties and
matters of defense now available or hereafter made available to
sheriffs, the highway patrol, and police officers in any suit
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brought against them resulting from acts done in the course of their
employment;
4. Possess law enforcement jurisdiction over state parks,
including all facilities located therein;
5. Serve a probationary period of twelve (12) months. The
Division of State Parks Director may extend the probationary period
for up to three (3) additional months provided that the employee an d
the Office of Management and Enterprise Services are notified in
writing as to such action and the reasons therefor. At any time
during a probationary period the employment of a park ranger may be
terminated in accordance with Department procedure and a t the
discretion of the Director of State Parks. Retention of the
employee, after expiration of the probationary period, shall entitle
the employee to be classified as a permanent employee;
6. Provide law enforcement protection and enforcement pursuant
to the terms of interlocal agreements authorized by the Commission
Department with other entities of government or federally recognized
tribes in the state; and
7. Remain in the Oklahoma Law Enforcement Retirement System if
promoted to the Park Manager job family classification series,
provided they maintain their certification specified in Se ction 3311
of Title 70 of the Oklahoma Statutes, perform the requisite training
required by the Chief Park Ranger, and meet all other requirements,
policies, and rules of the Department and laws of the state.
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SECTION 12. AMENDATORY 74 O.S. 2021, Section 2219, is
amended to read as follows :
Section 2219. A. The Commission Department may offer for sale,
sell and execute oil and gas leases, and oth er mineral and mining
leases, on any of the lands of the state under the control and
supervision of the Commission Department, provided, the development
of land for the purpose leased shall not unduly interfere with the
purpose for which the land is being used by the state.
B. The Commission Department may promulgate additional rules,
as are necessary and for the best interest o f the state to
facilitate the sale of the leases. The Chair of the Commission
Executive Director shall execute the leases for and on behalf of the
Commission Department, and the Chair Executive Director shall be
liable on the official bond for failure to faithfully discharge such
duties. The sale of le ases shall be made upon the ba sis 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 the leases and any additional cash bonus procured. Provided,
however, if the state owns less than one hundre d percent (100%) of
the oil, gas, casinghead gas an d other minerals covered by any such
lease, the royalty retained shall not be less than one -eighth (1/8)
of the mineral interest.
C. All leases shall contain a provision that in the event of
the discovery of natural gas, the gas shall be furnished free of
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charge to any state institution now or hereafter located upon the
lands covered by the lease. Leases shall be sold only after
advertisement for a period of three (3) weeks i n a legal newspaper
published and of general circulation in the county in which t he
lands are located. A sale shall be made to the highest and best
bidder and all bids shall be in sealed envelopes which shall be
opened and considered at the same time. Th e Commission Department
may reject any and all bids and readvertise any leases fo r sale.
D. Revenues derived from the sale of oil and gas leases and
other mineral leases shall be dedicated to the improvement of state
park facilities and property to include, but not limited to, the
conservation, protection, and rehabilitation of state parkland, the
preservation of historic properties under the jurisdiction of the
Commission Department, and master planning of state park properties.
SECTION 13. AMENDATORY 74 O.S. 2021, Section 2220, is
amended to read as follows :
Section 2220. A. The Commission Department 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 Department.
1. The Commission Department may establish maximum rates for
rooms at the state lodges and cabins, for recreational activities,
for recreational vehicle s and camping sites, and for community
facilities under control of the Commission Department. The method
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whereby the rates are determined shall be 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 the pro posed
rates, for informational purposes, to the Governor, Speaker of the
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 G overnor, Speaker of
the House of Representatives and President Pro Tempore of the Senate
within five (5) business days of such Commission action.
2. The Commission Department 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 changes by
the Commission, the Department shall submit a copy of su ch proposed
charges, for informational purposes, to the Governor, Speaker of the
House of Representatives and President Pro Tempore of the Senate.
3. The Commission Department may establish entrance or day -use
charges for the state park system. All monie s collected from
entrance or day-use charges shall be used at the state parks where
the charges were collected. The Commission Department may establish
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an annual pass, or other varied passes as appropriate to that park,
for visitors. The method whereby t he 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 shall be promulgated pursuant to Article I of the
Administrative Procedures Act.
5. Fees may reflect the seasonal usage of the parks and
facilities and for promotional purpose s and goals.
B. All fees, licenses and other charges shall be posted in a
convenient place in each park. Every person using any of th e
facilities in a park shall be charged the same fees, licenses and
every other charge except:
1. Residents of this stat e 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 -operated park. The Commission
Department may promulgate rules establishing different fees for
residents and nonresident s sixty-two (62) years of age and over.
Identification may be established by presentation of proof of age,
residency, a state driver l icense, a state license for
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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 g roups as specified by the
Commission Department, or governmental entities that provide
beneficial services at the facility for which th e fee may be reduced
or waived; and
4. Special discount rates as authorized in this section may be
waived for individual s who are members of a group being provided a
special group rate as allowed by law.
C. The failure to collect such fees, licenses and other charges
shall subject an employee of the Commission Department to a fine of
Twenty-five Dollars ($25.00) for each a nd every violation.
SECTION 14. AMENDATORY 74 O.S. 2021, Section 2221, is
amended to read as follows :
Section 2221. A. The Commission, through the Department, is
authorized to promote state -owned, -leased, or -operated facilities.
The Department may utilize specific promotion programs such as the
provision of complimentary rooms, package-rate plans, group rates,
guest incentive sales programs, entertainment of prospective guests,
employee-information programs, golf promotional prog rams as well as
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other sales and promotion programs considered acceptable in the
hospitality industry, in the travel industry, or the regional
magazine industry are approved as necessary advertising and
promotion expenses.
B. In order to best carry out the duties and responsibilities
of the Department and to serve the people of the state in the
promotion of tourism and tourism economic development, the
Department may enter into partnerships for promotional programs and
projects with a private person, firm, corporation, organization or
association. The Department may enter into contracts or agreement s
under terms to be mutually agreed upon to carry out the promotional
programs and projects, excluding the advertising contract by the
Department which utilizes the Tourism Promotion Tax or acquisition
of land or buildings. The contracts or agreements may be negotiated
and shall not be subject to the provisions of the Oklahoma Central
Purchasing Act or the Public Competitive Bidding Act of 1974.
C. All contracts or agreements entered into as partnerships for
promotional projects or programs by the Departm ent shall be approved
by the Commission Executive Director.
SECTION 15. AMENDATORY 74 O.S. 2021, Section 2222, is
amended to read as follo ws:
Section 2222. A. The Commission Department may sell real
estate owned by the State of Oklahoma or the Department that is
surplus to its use and under the jurisdiction of the Commission
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Department located within McCurtain County and situated within th e
Cedar Creek area of Hochatown State Park.
B. The Commission and Department shall not be subject to the
provisions of Section 129.4 of Title 74 of the Oklahoma Statutes
this title for the sale. All monies received fr om the sale of the
property, except those monies necessary to pay the expenses incurred
pursuant to the sale, shall be deposited in the Oklahoma Tourism and
Recreation Department Revolving Fund 215 ( "215 Fund"). Revenue
derived from such real estate sale deposited to the fund shall be
utilized for the benefit of Hochatown State Park or Beaver s Bend
State Park. Such real estate sale shall not be subject to the
provisions of Section 456.7 of Title 74 of the Oklahoma Statutes
this title.
SECTION 16. AMENDATORY 74 O.S. 2021, Section 2223, is
amended to read as follows:
Section 2223. A. The Commission Department may sell real
estate and personal property owned or acquired by the State of
Oklahoma or the Departmen t, now or in the future, and under the
jurisdiction of the Commission located within Marshall County and
situated within Texoma State Park.
B. The sale of real estate and personal property authorized
pursuant to subsection A of this section shall be subje ct to all
existing easements and reservations o f record. The Commission or
Department shall transfer any interests held inc luding, but not
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limited to licenses, operating permits and leasehold interests to a
subsequent purchaser.
C. The Commission and Department shall not be subject to the
provisions of Section 129.4 of Title 74 Section 327 of Title 6 of
the Oklahoma Statutes for such sale. All mon ies received from the
sale of these properties, except those monies necessary to pay the
expenses incurred pursuant to the sale, sha ll be deposited in the
Oklahoma Tourism and Recreation Department Revolving Fund 215 ("215
Fund"). Revenue derived from suc h real estate and personal property
sale deposited to the fund shall be utilized for the benefit of the
state park system. Such rea l estate and personal property sale
shall not be subject to the provisions of Section 456.7 of Title 74
of the Oklahoma Stat utes this title.
D. For every developed acre of land containing recreational
vehicle campgrounds and other campgrounds that is sold pursuant t o
this section, an equivale nt amount of replacement land shall be
selected by the Oklahoma Tourism and Recreation Department in a
suitable area at Lake Texoma or in the vicinity, and developed to
provide comparable outdoor public recreation facilities for
operation as part of the Ok lahoma state park system.
SECTION 17. AMENDATORY 74 O.S. 2021, Section 2224, is
amended to read as follows :
Section 2224. The Commission Department may transfer to any
city, county, or other agency of government, which is a willing
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recipient, its interest in real and pe rsonal property owned by the
State of Oklahoma or the Department and operated and maintained
under the jurisdiction of the Commission Department. Such real
estate transfers shall not be subject to Section 456.7 or 129.4 of
Title 74 this title or Section 327 of Title 61 of the Oklahoma
Statutes or any provision of state law relative to disposition of
real estate. Such real estate transfers shall be subject to the
following provisions:
1. The city, county or other agen cy recipient shall agree to
accept the interest transferred by the state, accept responsibility
for the property, and use the real esta te for public recreation
purposes in accordance with the Land and Water Conservation Fund Act
of 1965, Public Law 88 -578, 78 U.S.C., Section 897;
2. The city, county or other agency recipient shall not dispose
of the property unless substitute property is provided that is
equivalent in value and usefulness;
3. The Commission Department shall transfer the property to the
recipient by quit claim deed or other instrument as may be
appropriate;
4. The consideration for the property transfer shall be the
agreement of the recipient to continue public recreation use of the
property and to manage the property without an operating subsidy
from the Department or Commission;
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5. The real estate transfer shall be subject to all existing
easements and reservations of record; and
6. The Commission Executive Director shall provide written
notice to the President Pro Tempore of the Senate and the Speaker of
the House of Representatives detailing any such proposed transfer
agreement to be entered into pursuant to this sec tion no later than
thirty (30) days prior to the first day of the legislative session.
The Commission Department shall approve such proposed transfer
during the legislative session to be effective at the beginning of
the next fiscal year, contingent upon the approval of the proposed
transfer by the Legislature.
SECTION 18. AMENDATORY 74 O.S. 2021, Section 2225, is
amended to read as follows:
Section 2225. A. The Oklahoma Tourism and Recreation
Commission Department is encouraged to explore the potential
benefits of not-for-profit foundations for support of state parks.
Such support from a not -for-profit foundation shall not substitute
for the obligation of the state to support the natural resources
infrastructure of the state, but shall serve only as a supplement to
state funding and as a means to further assist the Oklahoma Tourism
and Recreation Department in preserving the natural resources and
historical, educational, and cultural facilities of significance in
the state.
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B. There is hereby authorized the establishment of a not -for-
profit state park foundation for the purpose of encouraging
contributions by private individuals, companies, foundations,
corporations, and others in the private and public sectors.
Contributions shall be utilized for the support, preservation, and
development of state park properties. This support, preservation,
and development shall include, but is not limited to, preservation
of historic facilities, development of educational and interpretive
programs, materials, and other means of support.
C. As used in this section, a "state park foundation " means any
company, trust, corporation, or association:
1. That solicits money or property in the name of any state
park under the jurisdiction of the Co mmission; and
2. Which is exempt from federal income taxes.
D. The Commission Department may refuse to accept any grant,
award, or donation of real or personal property offered by or
through a state park foundation.
E. No employee of the Department shal l be a voting member of a
state park foundation board. Members of the Commission may serve on
the board of a state park foun dation, but shall not constitute a
majority of the members of the board of the foundation. No member
of the Commission serving on the board or an employee of the
Department serving as an ex officio member of the board shall be
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compensated by the foundatio n for service as a member of the
foundation board.
F. A state park foundation created pursuant to this section
shall not be an entity of state government. No state funds shall be
deposited in any account owned or controlled by a state park
foundation.
SECTION 19. AMENDATORY 74 O.S. 2021, Section 2226, is
amended to read as follows :
Section 2226. The Oklahoma Transportation Commission shall
construct, maintain and repair those roads and parking areas in
state parks as specified by t he Commission Executive Director.
SECTION 20. AMENDATORY 74 O.S. 2021, Section 2228, is
amended to read as fo llows:
Section 2228. The Oklahoma Wildlife Conservation Commission and
the Oklahoma Tourism and Recreation Commission Department may
authorize, by written agreement or agreements between the
Commissions Commission and Department, hunting in designated state
parks or designated portions of state parks under the administrative
control of the Oklahoma Tourism and Recreation Commission
Department, excluding Lake Murray St ate Park. The agreement or
agreements shall be made with the advice of the Attorney General 's
office and shall contain the duration, terms and conditions of the
hunting authorization, a list of species to be hunte d and permitted
firearms, a map designatin g the specific land areas to be open to
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hunting and shall provide for the administration of the designated
area or areas by the Oklahoma Wildlife Conservation Commission for
so long as hunting is authorized under t he provisions of the
agreement or agreemen ts. All areas to be open to hunting shall be
clearly marked by signs to designate the open and closed areas.
SECTION 21. AMENDATORY 74 O.S. 2021, Section 2229, is
amended to read as follows :
Section 2229. The Commission Executive Director is authorized
to negotiate with the duly constituted authorities of the municipal
corporation of Davis, in Murray County, to purchase from the
municipal corporation the property now owned by it and known as
Turner Falls, and other contiguous proper ties in Murray County, for
a state park, provided that said municipal authorities shall, by
resolution, declare said property no longer suitable for municipal
park purposes and beyond the fiscal means of the corp oration
properly to maintain as such. In the event of said purchase, the
property shall be known as Turner Falls State Park.
SECTION 22. AMENDATORY 74 O.S. 2021, Section 2232, is
amended to read as follows :
Section 2232. The Commission, through the Department, may
sponsor, promote and implement an annual statewide tourism and
recreation industry conference to promote the tourism and recreation
industry. The Department is authorized to partner with private
entities for the administrat ion and execution of the conference.
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The Department is hereby authorized to charge registration and
exhibit space fees necessary to cove r the costs of the conference
and shall deposit the fees plus any other conference proceeds,
including donated funds, i nto an agency special account to be
created by the Special Agency Account Board. Expenditure of monies
from the agency special account s hall be for purposes incidental to
the tourism and recre ation industry conference , and be approved by
the Commission Executive Director.
SECTION 23. AMENDATORY 74 O.S. 2021, Section 2234, is
amended to read as follows :
Section 2234. A. The Department, with the approval of the
Commission Executive Director, shall develop rules to administer any
of the matching funds derived from the Departm ent for the allowable
expenditures of multicounty org anizations. The rules shall be
developed in accordance with this section and shall be adopted by
the Commission Department. As used in the Oklahoma Tourism, Pa rks
and Recreation Enhancement Act:
1. "Multicounty organization" means a nonprofit organizati on
which satisfies the following requireme nts:
a. its primary purpose is to promote the tourism
attributes of a multiple -county region which is
identified as a tourism "country" or "lake" area, or
any other organization participating in the matching
funds program on July 1, 2001,
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b. it is governed by a board of directors elected by the
membership of the organization,
c. it is governed by a board of directors which equitably
represents the counties within the multiple-county
region,
d. it has an administrator of operations position who is
not an elected director,
e. it utilizes income from private sector sources as the
basis for funding its administrative and promot ion
expenses, and
f. it has provided to the Department an independent and
certified financial a udit for the preceding fiscal
year;
2. "Administrative expenditure " means expenditures for the
administration of fund raising and tourism promotion.
Administrative expenditures shall include salaries, payroll taxes,
insurance, personal services contracts , travel expenses not to
exceed the amounts provided in the State Travel Reimbursement Act,
rent, lease or purchase of facilities, office supplies, telephone
and electronic communications and multicounty organization audit
costs;
3. "Allowable expenditure s" means expenditures by a multicounty
organization submitted to the Department for matching funds in
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accordance with the provisions of this section and the rule s
promulgated by the Commission Department;
4. "Discretionary expenditure" means those expenditures by
multicounty organizations for which matching funds are not
requested. Discretionary expenditures are not subject to the
limiting provisions of this sec tion and the rules promulgated by the
Commission;
5. "Independent and certified audit" means a financial audit
performed in accordance with General ly Accepted Government Auditing
Standards, issued by the Comptroller General of the United States.
The scope of the audit shall, at a minimum, consis t of a statement
of revenue and expenditures and shall include t he specific
requirements identified in thi s section and the rules promulgated by
the Commission Department; and
6. "Tourism promotion expenditure " means an expenditure for the
preparation, printing, publication and distribution of media
advertising in brochures, news and publicity materials, trav el
posters, mailing pieces, newspapers, magazines, television, radio,
billboards, advertising and promotiona l specialties, exhibit space
and displays at trade shows and conventions and the expenses fo r
operating such exhibits, including travel expenses, no t to exceed
amounts provided for in the State Travel Reimbursement Act , the cost
of a travel writer, travel agent, tour broker and tour operator
familiarization tours into the State of Oklahoma , and registration
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fees for an annual tourism and recreation in dustry conference with
the purpose of attracting tourists or generating travel or tourism
activity within the state or multicounty organization areas. The
amount expended within the multicounty organ ization area for tourism
promotion shall not exceed fift y percent (50%) of the total of
allowable expenditures and allocated matching funds.
B. It is the intent of the Legislature to encourage the
promotion of tourism by multicounty organizations in coope ration
with the statewide program of the Department. Allowable
administrative expenditures by multicounty organizations shall not
exceed forty percent (40%) of the lesser of either the total amount
allocated, including reallocations, to the organization f rom
appropriations made by the Legislature or the total of the matched
expenditures. The limitation on administrative expenditures applies
only to those expenditur es submitted for matching with state-
appropriated funds.
C. With the exception of those org anizations identified as
"country" or "lake" associations participating in the matching funds
program on July 1, 2001, not more than one organization representing
a recognized "country" or "lake" area shall be eligible to receive
matching funds.
D. Matching funds for the allowable expenditures shall be based
upon actual expenditures by the multicounty organization less any
discount, refund, or rebate to the multicou nty organization.
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Multicounty organizatio ns shall use a State of Oklahoma Notarized
Claim Form with all applicable statements and affidavits to req uest
matching funds for the allowable expenditures.
E. In order for a multicounty organization to receive m atching
funds for expenditures incurred to publish and distribute a
promotional periodical e mphasizing the attractions, landmarks,
activities, geographical features and other characteristics of
counties within the multicounty organization 's area of
responsibility, the multicounty organization shal l be subject to the
following requirements:
1. Maintain an account with a financial institution subject t o
the regulatory control of a state or federal financial regulatory
entity for the deposit and withdrawal of all funds collected by or
on behalf of the multicounty organization;
2. Prepare an annual Statement of Income and Expense showing
all deposits to the account maintained with the financial
institution and all withdrawals from the account with the financia l
institution for the period covered by th e annual income and expense
statement;
3. May enter into a contract with a person or legally organized
business entity for the solicitation of advertising revenue in a
promotional periodical publication and for th e publication and
distribution of the peri odical emphasizing the attributes of sites,
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scenes, businesses and attractions located within the area for which
the multicounty organization is responsible if:
a. the person or legally organized business entity
provides a detailed written disclosure to th e
multicounty organization of its actual costs inc urred
in performance of the contract on a periodic basis
during the period prescribed in the contract for
performance which disclosure shall be at least
quarterly,
b. the multicounty organization ensures th at the actual
cost of publication for the promotio nal periodical is
printed in at least 10 -point type somewhere in the
body of the publication,
c. the multicounty organization ensures that the person
or legally organized business entity performing
services on behalf of the multicounty organization
identifies to the multicounty organization each
purchaser of advertising in the multicounty
organization promotional periodical, the amount of
money paid for advertising i n the promotional
periodical, and the size or other relevant
characteristics of the material purchased for
publication in the promotional periodical ,
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d. the person or legally organized business entity
soliciting advertising revenue may not advance or
deposit their own funds as a means of securing
matching state funds, and such acts shall be deeme d as
fraud, subject to prosecution, and
e. the multicounty organization and the person or legally
organized business entity acting on behalf of the
multicounty organization both execute a statement,
upon a form to be prescribed by the State Auditor and
Inspector, under oath, that any funds being requested
from the Department for matching of an allowable
expenditure as authorized by this section represent an
amount of money equal to an amount of money that ha s
previously been deposited into the account maint ained
by the multicounty organization as of the date the
request for matching funds is made. The statement
shall include the identity of each purchaser of
advertising in the multicounty organization
promotional periodical and the amount of money paid
for advertising in the periodical together with the
other information required by subparagraph c of this
paragraph. The statement shall also include a
verification that the funds collected by or on behalf
of the multicounty organization were expended for:
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(1) a legitimate operational expense of the
multicounty organization,
(2) the purpose of obtaining matching funds as
authorized by this section, or
(3) a promotional event sponsored, conducted or
organized by the multicounty organization for
attracting attention to a specific location or
occasion in furtherance of a purpose of the
multicounty organization.
F. 1. Each multicounty organization shall prepare and submit
appropriate plans, including a budget work program, for the ensuing
fiscal year to the Commission Department. Expenditures for
obligations incurred before the Commission Department approves the
multicounty organizations ' plans and budget work programs and any
changes thereto, and expenditures not in accordance with the
multicounty organizations ' plans and budget work programs, shall not
be allowable expenditures. The approval by the Commission
Department of a multicounty organization budget work program
constitutes a firm commitment of the multi county organization's
appropriated funds, subject to any fiscal year limitation, exc ept
that the Commission Department may reallocate unobligated funds as
provided by law.
2. Any funds collected on behalf of the mul ticounty
organization for advertisements in the promotional periodical shall
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be paid to the multicounty organization within twenty (20) working
days after collection by any entity acting on behalf of the
multicounty organization for solicitation of adverti sing revenue.
The multicounty organizat ion shall deposit any funds paid to it
within five (5) working days of receipt .
G. Each multicounty organization shall be required to submit an
annual independent and certified audit of the multicounty
organization. The audits shall encompass all funds a vailable to the
multicounty organization. The audit report shall include a
statement of Income and Expense and, at a minimum, encompass all
monies received by the multicounty organization and all matched
expenditures reimbursed to the multicounty organiza tion. Revenue
reported shall include all advertising revenue received and define
all other individual sources of revenue. The names and addresses of
and amounts received from each advertiser shall be included as an
unaudited supplemental schedule to the audit report.
H. The person or entity eng aged to perform the audit required
by subsection G of this section shall:
1. Not be the same person or entity that performs bookkeeping,
controllership or management functio ns, or other accounting services
for the multicounty organization;
2. Be registered with the Oklahoma Accountancy Board and
possess a license to practice; and
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3. File a copy of the audit performed on behalf of a
multicounty organization with the State Au ditor and Inspector.
I. Failure to submit an audit report shall be cause for
withholding of matching funds to a multicounty organization. Audit
reports showing matching by any amount in excess of the allowable
expenditures, matching for unallowable expen ditures, or
noncompliance with statutes, procedures prescribed herein, or in
rules promulgated by the Commission Department shall be cause for
withholding of matching funds until such time as restitution is made
to the Department.
J. The State Auditor and Inspector shall conduct an office
examination of the audits filed pursuant to par agraph 3 of
subsection H of this section on an annual basis. The examination
shall include analysis of the quality of the audit performed and
shall include written recommend ations for modifications in future
audits conducted on behalf of a multicounty org anization.
SECTION 24. AMENDATORY 74 O.S. 2021, Section 2240, is
amended to read as follows :
Section 2240. A. The Oklahoma Tourism and Recreation
Department shall establish a cost and reven ue reporting system for
all budget activities and sub activities of the Depa rtment.
B. 1. The State Auditor and Inspector or a designated agent of
the State Auditor and Inspector shall perform an independent audit
of the Department annually. The audit s hall be conducted in
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accordance with the Generally Accepted Government Audit ing Standards
as issued by the Comptroller General of the United States. The cost
of the audit shall be borne by the Depa rtment.
2. Matters to be considered in determining the ty pes of
activities to be audited and the scope of the audit shall be based
on an analysis of:
a. the date and results of prior audits, reviews, and/or
independent studies,
b. financial exposure,
c. potential loss and risk,
d. requests by the Commission and/ or executive management
of the Department,
e. major changes in operations, p rograms, systems, and
controls, and
f. opportunities to achieve operating benefits.
The audit may be conducted in accordan ce with Section 213.2 of
Title 74 of the Oklahoma Statutes this title.
3. The internal auditors of the Department shall conduct
internal audits of Department facilities and programs pursuant to
the provisions of Section 228 of Title 74 of the Oklahoma Statutes
this title.
4. The audits required by this section shall be completed on or
before December 31 of each year and shall, upon distribution, become
public record.
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C. Any person who intentionally alters or destroys records
needed for the performance of an audit as provid ed for in this
section or intentionally causes or directs a subordinate to do such
acts, shall be subject to immediate removal from offic e or
employment.
D. The Commission Executive Director shall provide notice to
Department employees affected by this se ction of the prohibited acts
and the penalties pursuant to the provisions of this section.
SECTION 25. AMENDATORY 74 O.S. 2021, Section 2243, is
amended to read as follows :
Section 2243. Expenditure of funds for all purchases in exc ess
of Fifty Thousand Dollars ($50,000. 00) shall not be contracted
except upon approval of a majority of the Oklahoma Tourism and
Recreation Commission Department. The amount exempted by paragraph
1 of subsection A of Section 85.7 of this title shall appl y to each
separate department facility as identified by the annual budget
submitted to the Office of Management and Enterprise Services
pursuant to Section 34.42 of Title 62 of the Oklahoma Statutes.
SECTION 26. AMENDATORY 74 O.S. 2021, Section 2244, is
amended to read as follows:
Section 2244. A. The Department shall be exempt from any
provision of Sections 85.1 th rough 85.45k of this title requiring
purchases to be made pursuant to a statewide contract for individual
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purchases of less than Two Thousand Five Hundred Dollars ($2,500.00)
when the following conditions are met:
1. The Department documents a cost saving s to the state
resulting from the purchase of the item(s) from a vendor not on the
statewide contract;
2. The exempted purchase is made in the county where the
purchasing facility, as identified in subsection B of this section,
is located or in an adjacen t county; and
3. The exempted purchase is approved by the Executive Director
or a designee prior to the purchase.
B. The Commission Department shall promulgate rules,
procedures, and forms necessary to adequately document the dollar
savings resulting fro m the application of this section.
C. The exemption provided for in this section shall apply to
individual department entities identified by the annual budget
submitted to the Office of Management and Enterprise Services.
D. The Department shall not be r equired to purchase furniture,
fixtures and equipment, and soft goods associated with the decor of
the state parks, lod ges, golf, and tourism information center
facilities from Oklahoma prisons or reformatories.
E. Nothing in this section shall be constru ed to authorize bid
splitting as prohibited by The Oklahoma Central Purchasing Act.
SECTION 27. AMENDATORY 74 O.S. 2021, Section 2245, is
amended to read as follows:
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Section 2245. A. The Department may place uncollectible
accounts receivable in a special account for accounting and
budgetary purposes. An "uncollectible account receivable " shall
have been uncollectible or due for at least one (1) year and possess
at least one of the followi ng characteristics:
1. The debtor has been discharged from bankruptcy or is
insolvent;
2. The debtor cannot be found or is deceased; or
3. A collection agency h as indicated its inability to collect
the debt.
B. If uncollectible accounts receivable are placed in a special
account, the following p rocedures shall be observed:
1. The proposed uncollectible accounts shall be forwarded to
the Department by the approp riate divisions. The Department shall
then submit the accounts to the Commission Department and to the
State Auditor and Inspect or once each fiscal year for placement into
the special uncollectible account; and
2. The Commission Executive Director and the State Auditor and
Inspector shall certify those accounts which meet the requirements
of this section as "uncollectible accounts receivable" and shall
place those accounts in the special account created by this section.
C. The special uncollectible accou nts receivable account shall
not be used for budgetary purposes in determining the assets of the
Department or any of its divisio ns. The Department shall take all
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reasonable steps to collect all accounts, including those placed in
the special account by o peration of this section.
SECTION 28. AMENDATORY 74 O.S. 2021, Section 2248, is
amended to read as follows :
Section 2248. The State Treasurer of Oklahoma shall be ex
officio Treasurer of the Commission Department for all purposes of
the Oklahoma Tourism, Parks and Recreation Enhancement Act. All
official action taken by the Commission Department shall be taken
through the adoption of appropriate resolutions.
SECTION 29. AMENDATORY 74 O.S. 2021, Section 2249, is
amended to read as follows:
Section 2249. The monies of the Commission Department, except
monies appropriated by the Legislatu re, shall be disbursed only by
checks, drafts, orders or other instruments signed by such pers ons
as shall be authorized to sig n the same by the bylaws or by
appropriate resolution. The general manager, if any, Executive
Director and all other officers, a gents and employees of the
Commission Department who shall be charged with the collection,
custody, or payment of any funds of the Commission Department shall
give bond conditioned on the faithful performance of their duties
and an accounting for all funds and properties of the Commission
Department coming into their respective hands . Each bond, or if a
blanket bond shall be pres cribed, shall be in a form, amount, and
with a surety approved by the Commission Executive Director, and the
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premiums on the bonds shall be paid by the Commission Department and
charged as an operating expense.
SECTION 30. AMENDATORY 74 O.S. 2021, Section 2250, is
amended to read as follows:
Section 2250. The Commission Department shall keep complete and
accurate accounts of all trans actions and affairs of the Commission
Department, conforming to approved methods of bookkeeping. Suc h
accounts and the contracts, documents and records of the Commission
Department shall be kept at its principal office and shall be open
to public inspection at all reasonable times.
SECTION 31. AMENDATORY 74 O.S. 2021, Section 2251, is
amended to read as follows:
Section 2251. There is hereby created in the State Treasury a
revolving fund for the Department to be designated the "Oklahoma
Tourism and Recreation Department Revolving Fund ". The fund shall
consist of all monies receive d by the Department pursuant to the
provisions of this act, monies derived from the sale or conveyance
of real property under the jurisdiction of the Commission
Department, and interest attributable to investment of money in the
fund. The revolving fund shall be a continuing fund not subject to
fiscal year limitations and shall be under the administrative
direction of the Departmen t. Expenditures from the fund created by
this section shall be for the administration, operation, and
maintenance expenses of the Department, for purchase of real
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property, and shall be made pursuant to the la ws of this state and
the statutes relating to the Department. 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 the
Office of Management and Enterprise Serv ices for approval and
payment.
SECTION 32. AMENDATORY 74 O.S. 2021, Section 2253, is
amended to read as follows :
Section 2253. There is hereby create d in the State Treasury a
revolving fund for the Oklahoma Tourism and Recreation Department to
be designated the "Tourism and Recreation Environmental Loan
Proceeds Revolving Fund ". The fund shall be a continuing fund, not
subject to fiscal year limitatio ns, and shall consist of all monies
received from the State Revolving Fund loan programs as administered
by the Oklahoma Water Re sources Board designated s pecifically for
the purposes of reimbursements, construction, repair, remediation,
or improvement of eligible facilities under the jurisdiction of the
Oklahoma Tourism and Recreation Commission Department. The fund
shall be under the administrative direction of the Oklahoma Tourism
and Recreation Department. All monies accruing to the credit of the
fund may be budgeted and expended by the Oklaho ma Tourism and
Recreation Department for the purpose of constructing, repairing,
remediating, improving loan eligible proje cts, reimbursing the
Department for eligible planning and design expenses, or paying for
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associated loan financing requirements. Exp enditures from the fund
shall be made upon warrants issued by the State Treasurer a gainst
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
SECTION 33. AMENDATORY 74 O.S. 2021, Section 2256, is
amended to read as follows :
Section 2256. A. The Commission Department shall have the
power and is authorized to issue negotiable bonds in anticipation of
the collection of all or any part of its revenues, not to exceed
Five Million Dollars ($5,000,000.00), for the purpose of
constructing, reconstructing, improving, bettering or extending any
properties which it is authorized to maintain or operate hereunder.
The Commission Department shall pledge all or any part of the
revenues derived from the operation of the parks controlled and
operated by the Commission Department to the payment of the interest
and principal of such bonds.
B. The bonds authorized by this section s hall be authorized by
resolution of the Commi ssion the Executive Director and may, as
provided in such resolution:
1. Be issued in one or more series;
2. Bear such date or dates and may mature at such time not
exceeding twenty-five (25) years from their respective dates;
3. Bear interest at a rate or rates not exceeding ten percent
(10%) per annum; and
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4. Contain such ter ms, covenants and conditions.
C. The bonds authorized by this section may be sold in a manner
and upon terms as determined by the Commission Executive Director.
The interest cost yield to maturity of any issue of bonds shall not
exceed ten percent (10%) per annum, payable semiannually.
D. Any resolution authorizing the issuance of bonds under this
act may contain covenants including, but not limited to:
1. The purpose or purpos es to which the proceeds of the sale of
bonds may be applied, and the deposit , use, and disposition thereof;
2. The use, deposit, securing of deposits , and disposition of
the revenues of the Commission Department, including the creating
and maintenance of reserves;
3. The issuance of additional bonds payable from revenues of
the Commission Department;
4. The operation and maintenance of properties of the
Commission Department;
5. The insurance to be carried t hereon, and the use, deposit
and disposition of insurance monies;
6. Books of account and the inspe ction and audit thereo f and
the accounting methods of the Commission Department;
7. The nonrendering of any free service by the Commission
Department except for promotional activities as deemed in thi s act;
and
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8. The preservation of the properties of the Commission
Department so long as any of the bonds remain outstanding, from any
mortgage, sale, lease or other encumbrances not specifically
permitted by the terms of the resolution.
E. At the discretion of the Commission Executive Director, any
bonds issued under the provisi ons of this act may be secured by a
trust indenture by and between the Commission Department and a
corporate trustee, which may be any trust company or bank having the
powers of a trust company within the state. Any trust indenture may
pledge or assign the revenues from the operation of properti es of
the Commission Department, but shall not convey or mortgage any
properties, except such revenues. Any trust indenture or any
resolution providing for the issuance of such bonds may contain
provisions for protecting and enforcing the rights and remedies of
the bondholders as may be reasonable and proper and not in violation
of law, including covenants setting forth the duties of the
Commission Department in relation to:
1. The construction, improvement, mainte nance, repair,
operation and insurance of the improvements in c onnection with which
such bonds shall have been authorized;
2. The custody, safeguarding and application of all mon ies; and
3. The employment of consulting engineers in connection with
the construction or operation of such improvements.
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F. It shall be lawful for any bank or trust company
incorporated under the laws of the state, which may act as
depository of the pro ceeds of bonds or of revenues, to furnish
indemnifying bonds or to pledge sec urities as may be required by the
Commission Department. Any trust indenture may set forth the rights
and remedies of the bondholders and of the trustee, and may restrict
the individual right of action by bondholders as is customary in
trust agreements or trust indentures securing bonds and debentures
of corporations. In addit ion to the foregoing, any trust indenture
may contain other provisions as the Commission Executive Director
may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out the provisions of any trust
indenture may be treated as a pa rt of the cost of operation of the
improvements for which the bonds are authorized.
G. Monies received pursuant to the authority of this act,
whether as proceeds from the sale of bonds or as revenues from the
operations of the properties which have been i dentified for bond
repayment purposes, sh all be deemed to be trust funds, to be held
and applied solely as provided in this act. The resolution
authorizing the issuance of bonds of any issue, or the trust
indenture securing such bonds, shall provide that any officer to
whom, or any bank or trust company to which, the monies shall be
paid, shall act as trustee of the monies and shall hold and apply
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the same for the purpose hereof, subject to such regulations as this
act and such resolution or trust indentur e may provide.
SECTION 34. AMENDATORY 74 O.S. 2021, Section 2257, is
amended to read as follows:
Section 2257. The Commission Executive Director shall have the
power and is authorized to refund the outstanding series of the
revenue bonds authorized by this act. The Commission Department
shall pledge to the payment o f the principal and interest of the
refunded bonds all or any part of the revenues derived from the
operation of the parks and lodges controlled and operated by the
Commission Department. If not prohibited by t he terms of the
revenue bonds, interest earni ngs on construction funds may be
utilized by the Commission Department as provided by law.
SECTION 35. AMENDATORY 74 O.S. 2021, Section 2258, is
amended to read as follows :
Section 2258. Bonds bearing the signatures signature of
Commission officers the Executive Director on the date of the
signing thereof shall be valid and bin ding obligations,
notwithstanding that before the delivery of the bonds, any or all
the persons whose signatures appear thereon shall have ceased to be
officers of the Commission Executive Directors of the Department.
The validity of the bonds shall not be dependent upon nor affected
by the validity or regularity of any proceedings relating to the
construction, reconst ruction, improvement, betterment or extension
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of the properties for which the bonds are issued. The resolution
authorizing the bonds may pr ovide that the bonds shall contain a
recital that they are issued pursuant to this act, which recital
shall be conclusive evidence of their validity and of the regularity
of their issuance.
SECTION 36. AMENDATORY 74 O.S. 2021, Section 2259, is
amended to read as follows :
Section 2259. A. The Commission Department shall prescribe and
collect reasonable rates, fees, tolls or charges for the services,
facilities and commodities rendered by all property of the
Commission Department, a portion of which, may be pledged to the
payment of bonds issued pursuant to this act. The Commission
Department shall revise the rates, fees, tolls or charges from time
to time whenever necessary to ensure that the revenues to be derived
therefrom shall be fully sufficient to pay principal of and inte rest
on such bonds. The gross revenues derived by the Commission
Department from the operation of any part or parts of the properties
of the Commission Department, but no revenues derived by the
Commission Department through legislative appropriation or f rom
sources other than operation of the properties of the Commission
Department, may be pledged to the payment of principal and interest.
Notwithstanding any other provisions of law, the Commission
Department may use money derived from annual legislativ e
appropriations on a year -to-year basis, as authorized by the
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Legislature, to repay any obligations to the Oklahoma Water
Resources Board pursuant to Sections 1085.51 and 1085.71 et seq. of
Title 82 of the Oklah oma Statutes.
B. The Commission Department is hereby authorized to construct
improvements in several parks and auth orize the issuance of bonds
for all such improvements, and to pledge for the payment of the
bonds and the interest thereon, revenues derived by the Commission
Department from the operation of any or all of the parks in which
any consolidated bond issue has been authorized.
C. The Commission Department is further authorized to construct
state-of-the-art tourism information centers on interstat e highways
including, but not limited to, entry points near the borders of the
state and major metropolitan areas, a nd authorize the issuance of
bonds for all construction projects, and to pledge for the payment
of such bonds and the interest thereon, reve nues derived by the
Commission Department from the lease or operation of any or all of
the tourism information cente rs for which any such consolidated bond
issue has been authorized.
D. Any revenues which may be received by the Commission
Department for the use of such buildings or improvements, in w hole
or in part, shall be regarded as all other reven ues of the
Commission Department and shall be subject to be pledged to the
payment of bonds issued hereunder. Each bond shall recite in
substance that such bond and the interest thereon is payable solel y
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from the revenues pledged to the payment thereof, and that suc h bond
does not constitute a debt of the Commission Department or of the
state within the meaning of any constitutional or statutory
limitation.
SECTION 37. AMENDATORY 74 O.S. 2021, Section 2260, is
amended to read as follows :
Section 2260. A. It may be provided in any resolution
authorizing bonds under this act that, in the event of a default in
the payment of principal or interest on the bonds or in the
performance of any agreement o r covenant contained in the
resolution, and if such de fault shall have continued for a
prescribed period, then the holders of a specified percentage of the
outstanding bonds, or a t rustee acting in their behalf, may for the
equal and proportion al benefit of the holders of all of the bonds
and with or without possession thereof:
1. By mandamus or other suit, action or proceeding at law or in
equity, enforce all rights of the holders of the bonds;
2. Bring suit upon the defaulted bonds or coupons;
3. By action or suit in equity to require the Commission
Department to act as if it were the trustee or an express trust for
the bondholders;
4. By action or suit in equity to enjoin any acts or things
which may be unlawful or in violation of the rights of the holders
of the bonds;
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5. After notice to the Commission Department as the resolution
may provide, declare the principal of all of the bonds due and
payable; or
6. Apply as a matter of right for the appointment of a receiver
who may enter and take possession of all or any part o f the
properties of the Commission Department and operate and maintain the
same and fix, collect and receive fees and charges for the use
thereof and services rendered thereby sufficient to provide revenues
adequate to carry out all of the provisions of the bond reso lution
and the costs and disbursements of the proceeding and of the
receiver.
B. Subject to the provisions of the Constitution of the State
of Oklahoma, the courts of the county in which any of the real
estate controlled and operated by the Commission Department may be
located and the courts of Oklahoma County shall have jurisdiction of
any suit, action or proceeding and of all property involved ther ein.
SECTION 38. AMENDATORY 74 O.S. 2021, Section 2261, is
amended to read as follows :
Section 2261. Unless an action shall be filed in the Supreme
Court for validation of the bonds in the manner hereinafter
provided, no bonds shall be issued he reunder until a certified copy
of the proceedings authorizing the issuance thereof, together with
any other information which the Attorney General may require, shall
be submitted to the Attorney General. If the Attorney General find s
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that such bonds have been authorized in accordance with la w, the
Attorney General shall approve the bonds and shall execute a
certificate to that effect, which shall be filed in the office of
the State Auditor and Inspector. All bonds so approved by the
Attorney General, regi stered by the State Auditor and Inspe ctor, and
issued in accordance with the approved proceedings shall be valid
and binding obligations of the Commission Department, and the bonds
and all of the provisions securing the bonds shall be incontestable
for any cause in any court in Oklahoma unless suit ther eon shall be
brought in a court having jurisdiction within thirty (3 0) days from
the date of the approval.
SECTION 39. AMENDATORY 74 O.S. 2021, Section 2262, is
amended to read as follo ws:
Section 2262. Nothing in this act shall be construed to
authorize the Commission Department to mortgage or otherwise
encumber any of its property of any kind, except that the revenues
thereof may be pledged as herein provided.
SECTION 40. AMENDATORY 74 O.S. 2021, Section 2263, is
amended to read as follows :
Section 2263. All property control led and operated by the
Commission Department shall at all times be exempted from forced
sale and nothing in this act shall authorize the sa le of any
property under any judgment rendere d in any suit, and such sales are
hereby prohibited.
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SECTION 41. AMENDATORY 74 O.S. 2021, Section 2264, is
amended to read as follows:
Section 2264. All of the property controlled and ope rated by
the Commission Department and all bonds issued hereunder and the
interest thereon shall be exempt from taxa tion by the State of
Oklahoma or by any municipal corporation, county or other political
subdivision or taxing district of the state, except that the bonds
shall be subject to the payment of inheritance taxes.
SECTION 42. AMENDATORY 74 O.S. 2021, Section 2267, is
amended to read as follows:
Section 2267. The Commission Department may issue bonds unde r
this act for the purpose of refunding any obligations of the
Commission Department previously issued under this act, or may
authorize and deliver a single issue of bonds hereunder, in part for
the purpose of refunding such obligations and in part for the
acquisition of additional properties or improvements. Where bonds
are issued under this section solely for refunding purposes, such
bonds may either be sold as above provided or delivered in exchange
for the outstanding obligations. If sold, the proceed s may be
either applied to the payment of the obligations, refunded or
deposited in escrow for the retirement of the bond obligations.
Nothing contained in this act shall be construed to authorize the
refunding of any outstanding obligations which are not either
maturing, callable for redemption under their terms or voluntarily
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surrendered by their holders for cancellation. All bonds issued
under this section shall in all respects be authorized, issued, and
secured in the manner provided for other bonds i ssued under this act
and shall have all of the attributes of such bonds. The Commission
Department may provide that any refunding bonds shall have the same
priority of lien on the revenues pledged for their payment as was
enjoyed by the obligations which are refunded.
SECTION 43. AMENDATORY 74 O.S. 2021, Section 2268, is
amended to read as follows :
Section 2268. The Commission Department is authorized in its
discretion to file an application with the Supreme Court of Oklahoma
for the approval of any se ries of bonds to be issued hereunder, and
exclusive original jurisdiction is hereby conferred upon the Supreme
Court to hear and determine each such application. It shall be the
duty of the Court to give such applications precedence over the
other business of the Court and to consider and pass upon the
applications any protests which may be filed thereto as speedily a s
possible. Notice of the hearing on each application shall be given
by a notice published in a newspaper of general circulation in the
state informing that, on a day named, the Commission Department will
ask the Court to hear its application and approve bonds. Such
notice shall inform all persons interested that they may file
protest against the issuance of the bonds and be present at the
hearing and contest the legality thereof. Such notice shall be
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published one time not less than ten (10) days prior to the date
named for the hearing, and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court shall be
satisfied that the bonds have been properly authorized in accordance
with this act and that when issued they will c onstitute valid
obligations in accordance with their terms, the Court shall render
its written opinion approving the bonds and shall fix the time
within which a petition for rehearing may be filed. The decision of
the Court shall be a judicial determinati on of the validity of the
bonds and shall be conclusive as to the Commission Department, its
officers and agents. Thereafter, the bonds so a pproved and the
revenue pledged to their payment and the provision and agreements
contained in the bond resolution for the security of such bonds
shall be incontestable in any court in the State of Oklahoma.
SECTION 44. AMENDATORY 74 O.S. 2021, Section 2269, is
amended to read as follows :
Section 2269. All revenues collected or received by the
Commission Department under the provisions hereof shall be held in a
separate fund or funds and deposited in a bank or banks as the
Commission Executive Director may direct, from time to time, an d
need not be paid into the Oklahoma Tourism and Recreation Dep artment
Revolving Fund. All revenues shall be subjected to payment out of
such fund or funds from time to time as the Commission Executive
Director may direct.
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SECTION 45. AMENDATORY 74 O.S. 2021, Section 2271, is
amended to read as follows:
Section 2271. The Commission Department is hereby authorized
to:
1. Make and issue notes and bonds, and pledg e revenues of the
Commission Department subject to the Oklahoma Bond Oversight and
Reform Act. The Commission Department revenue notes and bonds
issued under the provisions of this act shall not at any time be
deemed to constitute a debt of the state or o f any political
subdivision thereof or a pledge of the faith and credit of the state
or of any political subdi vision. Such notes and b onds shall be
payable solely from the revenues of the Department and any other
funds as may be provided by law for such p ayments and shall contain
on their face a statement to that effect; and
2. Arrange for guaranties or insuranc e of its notes and bonds
by the federal government or by any private insurer, and to pay any
premiums therefrom.
SECTION 46. AMENDATORY 74 O.S. 2021, Section 2272, is
amended to read as follows :
Section 2272. A. The Commission Department may provide by
resolution, from time to time, for the issuance of revenue notes and
bonds for its lawful purposes, in such amount or amounts as are
necessary, incidental, or convenient to the exercise of powers,
rights, privileges, and functions conferred upon it by this ac t or
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other law. The principal of and interest on any indebtedness shall
be payable solely from the revenues of the Department and such othe r
funds as may be provided by law for such payments. The Commission
Department may provide for credit enhancement a s additional security
or liquidity for its notes and bonds and enter into such agreements
as may be necessary or appropriate to provide for the repayment of
any funds advanced by the provider of any such credit enhancement
including the payment of any fees and expenses incurred in
connection therewith. The notes and bonds of each issue shall bear
interest at fixed or variable rates and shall bear an average
interest rate comparable to other revenue notes and bo nds of like
credit quality and maturity as pre scribed by the State Bond Advisor
and shall mature at such time or times not exceeding thirty (30)
years from the date or dates of issue, as may be determined by the
Commission Department. The notes and bonds may be made redeemable
before maturity at the option of the Commission Department, at such
time or times and at such price or prices and pursuant to such terms
and conditions as may be f ixed by the Commission Department prior to
the issuance of the notes a nd bonds. The Commission Department
shall determine the form of the notes and bonds and the manner of
execution thereof and shall fix the denominations o f the notes and
bonds and the place or places of payment of principal and interest.
If any officer whose signature or facsimile of whose signature
appears on any notes and bonds shall cease to hold the office before
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the delivery of the notes and bonds, th e signature or the facsimile
shall nevertheless be valid and sufficient for all purposes, the
same as if the person had remained in the office until delivery.
All notes and bonds issued pursuant to the provisions of this act
shall have all the qualities a nd incidences of negotiable
instruments subject to the laws of this state. The Commission
Department may sell the notes and bonds in such amounts a nd in such
manner, either at public or private sale, and for such price, as it
may determine to be in the best interest s of the state. If t he
notes and bonds are not sold by competitive bid, the sale must be
approved by the State Bond Advisor.
B. The Commission Department may, by resolution, provide for
the issuance of notes and bonds for the purpose of refunding notes
and bonds then outstanding, including the payment of any redemption
premium, any interest ac crued to the date of redemption of the notes
and bonds, and for incurring additional indebtedness for its lawful
purposes. The issuance of such notes and bonds shall be govern ed by
the provisions of this act and the Oklahoma Bond Oversight and
Reform Act.
C. The Commission Department shall promulgate rules governing
the issuance of revenue bonds authorized pursuant to this act.
SECTION 47. AMENDATORY 74 O.S. 2021, Section 2273, is
amended to read as follows :
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Section 2273. Before any bond shall be issued and delivered by
the Commission Department, a certified copy of the proceedings for
the issuance thereof, together with any other information wh ich the
Attorney General of the State of Oklahoma may require shall be
submitted to the Attorney General. If the Attorney General shal l
find that the notes and bonds have been issued in accordance with
the law, the Attorney General shall approve the notes and bonds and
execute a certificate to that effect. The Attorney General shall
file the certificates in the Office of the State Audit or and
Inspector, and the certificates shall be recorded in a record kept
for that purpose. All notes and bonds approved by the Attorney
General and issued in accordance with the approved proceedings shall
be valid and binding obligations of the Commission Department and
shall be incontestable from and after the date of such approval.
SECTION 48. AMENDATORY 74 O.S. 2021, Section 2274, is
amended to read as follows :
Section 2274. Revenue notes and bonds of the Commission
Department issued pursuant to the provisions of this act shall not
constitute a debt of the state or of any political subdivision
thereof, or a pledge of the full faith and credit of the state, or
of any political subdivision thereof, but such notes and bonds shall
be payable solely from the funds provided therefrom. The forms of
the notes and bonds so issued shall contain on the face thereof a
statement to the effect that neither the state nor the Commission
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Department shall be obligated to pay the same or the intere st
thereon except from the revenues of the Department pledged to the
payment of such notes and bonds and that neither the faith and
credit nor the taxing power of the state or any political
subdivision thereof is pledged, or may hereafter be pledged, to th e
payment of the principal of or interest on the notes and bonds. The
notes and bonds so issued shall be exempt from taxation by the State
of Oklahoma and any political subdivision thereof, including the
income therefrom, and any gain from the sale thereo f.
Notwithstanding any other provisions of law, the Commission
Department may use money derived from annual legislative
appropriations on a year-to-year basis, as authorized by the
Legislature, to repay any obligations to the Oklahoma Water
Resources Board pursuant to Sections 1085.51 and 1085.71 et seq. of
Title 82 of the Oklahoma Statutes.
SECTION 49. AMENDATORY 74 O.S. 2021, Section 2276, is
amended to read as follows :
Section 2276. The Commission Department shall be subject to
blanket bond coverage as provided in Sections 85.26 through 85.31 of
Title 74 of the Oklahoma Statutes 85.58Q through 85.58V of this
title; provided, the Commission Department shall be authorized to
purchase increased amounts of fide lity bond coverage for t hose
employees deemed necessary by the Commission Executive Director.
When the amount listed in Section 85.29 of Title 74 of the Oklahoma
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Statutes 85.58T of this title is deemed inadequate, the co st of
increased coverage shall be borne by the Department.
SECTION 50. AMENDATORY 74 O.S. 2021, Section 2276.1, is
amended to read as follows :
Section 2276.1 A. There is hereby created a trust fund to be
known as the "Oklahoma State Park Trust Fund". The Oklahoma Tourism
and Recreation Commission Department shall be the trustees of the
Trust Fund.
B. 1. The Commission Department may utilize five percent (5%)
of the principal of the Trust Fund annually to:
a. protect and conserve state park lands, but shall not
include routine maintenance expenses of the state
parks,
b. preserve historic pr operties under the jurisdiction of
the Commission Department,
c. provide for one-time capital upgrades and improvements
of state park resources, and
d. pay fees and expenses associated with the services of
a custodian of the Trust Fund.
2. Beginning July 1, 2012, and ending June 30, 2020, the
Commission Department may utilize funds not to exceed Fifteen
Million Dollars ($15,000,000.00) from the principal of the Trust
Fund to construct and maintain a lodg e and any associated facilities
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deemed necessary by the Commission Executive Director at the Lake
Murray State Park.
C. The Commission Department shall give priority for funding to
the state park from whi ch the revenues were initially derived.
D. The Trust Fund principal shall consist of monies from any
and all mineral lease payments, seismograph fees, royalty payments,
or other payments associated wit h oil and gas mineral operations at
state parks that are managed by the Oklahoma Tourism and Recreation
Department, any funds appropriated or trans ferred to the Trust Fund
by the Legislature, and any monies or assets contributed to the
Trust Fund from any other source, public or private.
E. Notwithstanding o ther provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes listed in subsection B o f this section. Except as provided
for in subsection B of this section, no income or investment return
or principal shall be used for administrati ve expenses of the
Oklahoma Tourism and Recreation Department or expenses incurred by
the Commission in the administration of the Trust Fund.
SECTION 51. AMENDATORY 74 O.S. 2021, Section 2276.2, is
amended to read as follows:
Section 2276.2 A. The Oklahoma Tourism and Recreation
Commission Department shall discharge their its duties as trustees
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of the Oklahoma State Park Trust Fund created in Section 2276.1 of
this title, hereafter referred to as the "Trust Fund":
1. With the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of
an enterprise of a like character a nd with like aims;
2. By diversifying the investments of the Trust Fund so as to
minimize the risk of large losses, unless under the circumstances it
is clearly prudent not to do so; and
3. In accordance with the laws, documents and instruments
governing the Trust Fund.
B. The Commission Department may procure insurance indemnifying
the members of the Commission the Department from personal loss or
accountability from liability resulting from the action or inaction
of a member as a trustee.
C. The Commission Department may utilize the written investment
policy developed by the State Treasurer for the inves tment of public
funds for the investment and management of the Trust Fund.
Investments of the Trust Fund may be consistent with the guidelines
set forth in Section 89.2 of Title 62 of the Oklahoma Statut es which
establishes the investment requirements for public funds by the
State Treasurer.
D. Funds and revenues for investment by the Commission
Department shall be placed with a custodian selected by t he
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Commission Executive Director. Payment of any fees for the services
of a custodian may be paid from t he income and investment return on
the Trust Fund. The custodian may be the State Treasurer or a bank
or trust company offering pension fund master tr ustee and master
custodial services. If other than the State Treasurer is utilized,
the custodian shall be chosen by a solicitation of proposals on a
competitive bid basis pursuant to standards set by the Commission
Executive Director. In compliance with the investment policy
guidelines of the Commission Executive Director, the custodian bank
or trust company shall be contractually responsible for ensuring
that all monies of the Trust Fund are invested in income -producing
investment vehicles at all times. If a custodian bank or trust
company has not receiv ed direction from the Commission Executive
Director as to the investment of the monies of the Trust Fund in
specific investment vehicles, the custodian bank or trust co mpany
shall be contractually respon sible to the Commission Department for
investing the monies in appropriately collateralized short -term
interest-bearing investment vehicles. If the State Treasurer is
utilized as the custodian and has not received direct ion from the
Commission Executive Director as to the investment of the monies of
the Trust Fund in specific investment vehicles, the State T reasurer
shall invest the monies in accordance with the investment policy
developed by the State Treasurer for inves tment of public funds and
in a manner consistent with the guidelines for the investme nt of
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public funds set forth in Section 89.2 of Title 6 2 of the Oklahoma
Statutes.
E. By November 1, 2006, and prior to August 1 of each year
thereafter, the Commission Executive Director shall develop a
written investment plan for the Trust Fund.
F. The Commission Executive Director shall compile quarterly
financial reports of all the funds and accounts of the Trust Fund on
a fiscal year basis. The reports shall include several relevant
measures of investment value, including acquisition cost and current
fair market value with appropriate summaries of total holdings and
returns. The report shall be distributed to the Director of the
Legislative Service Bureau.
G. After July 1 and before October 1 of eac h year, the
Commission Department shall publish an annual report presented in
simple and easily und erstood language. The report shall be
submitted to the Governor, the Speaker of the House of
Representatives, the Preside nt Pro Tempore of the Senate, and t he
Director of the Legislative Service Bureau. The a nnual report shall
cover the operation of the Trust Fund during the past fiscal year,
including income, disbursements, and the financial condition of the
Trust Fund at the end of the fiscal year. The an nual report shall
also contain the information issued in the quarterly reports
required pursuant to subsection F of this section as well as a
summary of the results of the most recent actuarial valuation to
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include total assets, total liabilities, unfunded liability or over-
funded status, contributions and a ny other information deemed
relevant by the Commission Department.
SECTION 52. AMENDATORY 74 O.S. 2021, Section 2278, is
amended to read as follo ws:
Section 2278. As used in the Oklahoma Trails System Act:
1. "Commission" means the Oklahoma Tourism and Recreation
Commission; and
2. "Political subdivision " means any county, municipality or
other subdivision of state or local government.
SECTION 53. AMENDATORY 74 O.S. 2021, Section 2280, is
amended to read as f ollows:
Section 2280. A. There is hereby created a state trails system
composed of:
1. State nature trails, which shall be trails designed to
deepen the public's awareness and understanding of variou s
ecological, geological or cultural qualities within the state by
means of an interpretive service program;
2. State hiking trails, which shall be extensive trails and
will serve to connect parks, scenic areas, historica l points and
neighboring communiti es;
3. State special-use trails, which shall be trails designed to
provide for those trail activities which require special trail
definition and will include trails for bicycling, public riding and
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motorcycle and minibike activities, as well as trails des igned to
meet the needs of the handicapped, the blind and the elderly; and
4. State heritage trails, which shall be trails designed to
promote the identification and interpretation of significant
cultural and historic sit es throughout the state.
B. The Commission Oklahoma Tourism and Recreation Department,
in accordance with appropriate federal, state and local governmental
organizations, shall establish a uniform marker for the trails
system.
C. In the planning and designatio n of trails, the Commission
Department shall give due regard to the interest of fe deral or state
agencies, all political subdivisions, private land owners,
interested individuals and citizen groups. Furthermore, the
Commission Department encourages citizen participation in trail
acquisition, construction, development and maintenance wh ere such
activities will not conflict with the purposes of the Oklahoma
Trails System Act.
SECTION 54. AMENDATORY 74 O.S. 2021, Section 2281, is
amended to read as follows :
Section 2281. A. The Commission Department shall be vested
with the responsibility and authority to:
1. Plan, purchase, develop, construct, maintain, operate and
protect the state trails system and shall prescri be the uses and
limits of each designated trail; and
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2. Acquire, by lease, deed or contract, rights -of-way or
easements of trails across private, municipal, county, state or
federal lands. In selecting the rights -of-way, every effort will be
made to minimize any adverse eff ects on the adjacent landown er or
user and his or her operations. Acquisition sha ll be, whenever
possible, in the form of an easement obtained by gift, exchange or
purchase with donated funds. In cases where these attempts fail,
the Commission Department may authorize the expenditure of state
trail funds for acquisition in fee. Any agreement for acquisition
of rights in land shall be for terms of not less than twenty -five
(25) years whenever possible.
B. The Commission Department may abandon any portion or all of
a trail or easement acquired for trail purposes; or it may transfer
any trail or easement to a local government having jurisdiction over
the area in which the trail or easement is located, provided that
such local government agrees to maintain and oper ate the trail.
C. The Commission Department shall notify the owner of the
land, through which any trail or easement passes, prior to entering
into any agreement with local government for the operation of a
trail and shall secure the co nsent of the landown er prior to the
transfer of any trail or easement to a local government.
D. The Commission Department shall review all formal
declarations of railroad rights -of-way abandonment for possible
inclusion into the state trails system.
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E. Within the boundaries of a right-of-way, the Commission
Department may acquire, on behalf of the state, lands in fee title,
any interest in lands in the form of scenic or other easements or
any interest in lands under cooperative or other agreement.
Acquisition of land or of any interest in land may be by gift,
purchase or exchange. Acquisition may be through the use of funds
obtained by donation, federal grants, legislative appropriation or
otherwise. In acquiring real property or any interest therein, th e
power of eminent domain shall not be us ed.
F. 1. The Commission Department shall encourage the provision
of bicycle routes within the rights -of-way of federal aid system
highways and on or along county and city roadways. These bicycle
routes shall be composed of three ty pes of pathways: bic ycle
trails, bicycle lanes and bicycle routes. Bicycle trails shall be
distinct pathways which separate bicycles from motorized vehicular
traffic by means of an open space or barrier. Bicycle lanes shall
use designated portions of ex isting roadways and w ill be clearly
marked and separated from automob ile lanes. Bicycle routes shall be
existing, low-volume roads and will be designated by clearly marked
signs.
2. Prior to the designation and construction of the bic ycle
pathway system, the Commission Department shall authorize the
development of a bicycle mas ter plan. The plan shall be comprised
of a set of clearly defined goals, a statement of current and
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projected demands, a proposed layout of routes, construction
specifications, cost projections and the scheduling of
implementation. The plan shall likewise devote serious
consideration to those design criteria which will help to ensure the
safety of bicyclist, pedestrian and motorist alike.
3. Funds received for this pathway program shall be expended in
amounts deemed reasonable and necessary by the Commission Executive
Director for the establishment of the bicycle pathway system.
SECTION 55. AMENDATORY 74 O.S. 2021, Section 2282, is
amended to read as follows :
Section 2282. A. The Commission Department may establish and
designate state trails on lands under the jurisdiction of a federal
agency when, in the opinion of the federal agency, such lands may be
so developed under the provisions of federal law.
B. Nothing in the Oklahoma Trails System Act shall prevent a
segment of the state trails system from being a part of the National
Scenic or Recreation T rails System. The Commission Department shall
coordinate the state trails system with the National Trails S ystem
and will encourage and assist any federal studies for inclusion of
state trails into the National Trails System.
SECTION 56. AMENDATORY 74 O.S. 2021, Section 2283, is
amended to read as follows :
Section 2283. A. No hunting of wild game or the sho oting of
firearms shall be permitted along the trail, with the exception of
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those portions of the trail which traverse public hunting areas.
Such portions of the trail shall be closed to trail use, as listed
in the Oklahoma Trails Sys tem Act, during hunting season.
B. All horseback riding and motorcycling a ctivities shall be
restricted to their designated special -use trails. Foot travel on
special-use trails shall be permitted; however, the special -use
activities shall have the right-of-way on the trails.
C. Each person is guilty of a misdemeanor, who shal l:
1. Willfully mutilate, deface or destroy any guidepost, notice,
tablet or other work for the protection o r ornamentation of any
state trail;
2. Place along any trail or affix t o any object in the r ight-
of-way, without a written license from the Commission Department,
any word, character or device designed to advertise any business,
trade, profession, article, thing, ma tter or event; or
3. Willfully cause any damage to lands wit hin or adjacent to
the state trails system.
SECTION 57. This act shall become effective November 1, 2022.
58-2-10257 KN 01/20/22