OK
Oklahoma House Bill HB4162

Oklahoma 2022 Regular Session

Oklahoma House Bill HB4162 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 4162 By: Townley of the House
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29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+2nd Session of the 58th Legislature (2022)
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35+COMMITTEE SUBSTITUTE
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37+HOUSE BILL NO. 4162 By: Townley
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43+COMMITTEE SUBSTITUTE
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3845 An Act relating to the Tourism and Recreation
3946 Department; amending 29 O.S. 2021, Section 7-304,
4047 which relates to wildlife refuges; modifying entity
4148 designation; amending 47 O.S. 2021, Sections 11-1116
4249 and 1116.2, which relate to motor-driven vehicles;
4350 modifying entity designation; amending 61 O.S. 2021,
4451 Sections 121 and 130, which relate to cha nge orders;
4552 modifying entity designation ; amending 64 O.S. 2021,
4653 Section 1014, which relates to invest ments in real
4754 property; modifying entity designation; amending 68
4855 O.S. 2021, Sections 4405 and 50015, which relate to
4956 the Tourism and Recreation Departmen t; modifying
5057 entity designation; amending 74 O.S. 2021, Sections
5158 500.2, 500.18, 2202, 2205, 2207, 2208, 2210, 2211,
5259 2212, 2213, 2214, 2215, 2216, 2219, 2220, 2221, 2222,
5360 2223, 2224, 2225, 22 26, 2228, 2229, 2232, 2234, 2240,
5461 2243, 2244, 2245, 2248, 2249, 22 50, 2251, 2253, 2256,
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5663 2268, 2269, 2271, 2272, 2273, 2274, 2276, 2276. 1,
5764 2276.2, 2278, 2280, 2281, 2282, and 2283, which
5865 relate to the Tourism and Recreation Department;
5966 changing entity designation; amending 82 O.S. 2021,
6067 Section 875, which relates to fees; modifying entity
6168 designation; and providing an effective date.
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6673 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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67101 SECTION 1. AMENDATORY 29 O.S. 2021, Section 7-304, is
68102 amended to read as follows:
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95103 Section 7-304. A. Except as otherwise pro vided by law, no
96104 person may enter upon any state or federal wildlife refuge or
97105 Wildlife Management Area with dog, gun or bow.
98106 B. Exceptions to the above provision s are when the Commissi on
99107 and/or the Tourism and Recreation Commission Department may by
100108 resolution permit:
101109 1. The holding of field trials by duly authorized sportsmen's
102110 clubs; or
103111 2. Such hunting, killing or trapping of wil dlife from such
104112 refuge or Wildlife Management Area; pr ovided, however, that Lake
105113 Murray State Park shall not be utilized for killing or trapping of
106114 natural wildlife and shall remain a wildlife preserve.
107115 C. Any person convicted of violating provisions of t his section
108116 shall be punished by a fine of not less th an Twenty-five Dollars
109117 ($25.00) nor more than One Hundred Dollars ($10 0.00), or by
110118 imprisonment in the county jail for not less than ten (10) days nor
111119 more than thirty (30) days, or by both such fine an d imprisonment.
112120 SECTION 2. AMENDATORY 47 O.S. 2021, Section 11-1116, is
113121 amended to read as follows :
114122 Section 11-1116. A. The self-propelled or motor-driven and
115123 operated vehicles described in this section shall be prohibited from
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116151 operating or shall be limited in operation on the street s and
117152 highways of this state.
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144153 B. Self-propelled or motor-driven cycles, known and commonly
145154 referred to as "minibikes" and other simila r trade names, shall be
146155 prohibited from operating on the streets and highways of this state,
147156 except:
148157 1. When used in a parade; or
149158 2. When registered, as required by subsection E of Section 1151
150159 of this title, and operated in this state by food vendor ser vices
151160 upon streets having a speed limit of thirty (30) miles per hour or
152161 less.
153162 All minibikes offered for sale in this sta te shall bear the
154163 following notice to the customer: "This machine is not manufactured
155164 or sold for operation on the public streets or hi ghways. Since it
156165 is not provided with equipment required by law for street or highway
157166 use, all persons are cautioned tha t any operation of this vehicle
158167 upon a public street or highway will be in violation of the motor
159168 vehicle laws of this state and will s ubject the violator to arrest."
160169 C. Golf carts and utility vehicles, as defined by Section 1102
161170 of this title, shall not be operated on the streets and highways of
162171 this state except:
163172 1. Golf carts or utility vehicles owned by the Oklahoma Tourism
164173 and Recreation Department, and operated by employees or agents of
165174 the Department or employees of independe nt management companies
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166202 working on behalf of the Department, may be operated on the streets
167203 and highways of this state during daylight hours or under rules
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194204 developed by the Oklahoma Tourism and Recreation Commission
195205 Department, when the streets and highway s are located within th e
196206 boundaries of a state park. The Department shall have warning signs
197207 placed at the entrance and other locations at those state parks
198208 allowing golf carts or utili ty vehicles to be operated on the
199209 streets and highways of this state l ocated within the bound aries of
200210 those state parks. The warning signs shall state that golf carts
201211 and utility vehicles may be operating on streets and highway s and
202212 that motor vehicle ope rators shall take special precautions to be
203213 alert for the presence of golf carts or utility v ehicles on the
204214 streets and highways;
205215 2. The municipal governing body has adopted an ordinance
206216 governing the operation of golf carts an d/or utility vehicles on
207217 city streets; provided, such ordinances shall include necessary
208218 vehicle lighting and safety requ irements;
209219 3. Golf carts or utility vehicles may operate on state highways
210220 only if making a perpendicular crossing of a state highway l ocated
211221 within the boundaries of a municipality which has adopted an
212222 ordinance governing the operat ion of golf carts and/o r utility
213223 vehicles;
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214251 4. The board of county commissioners of a county has approved
215252 the operation of golf cart and/or utility vehicle tr affic on
216253 roadways within the county, and:
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243254 a. the roadway has a posted speed limit of twenty -five
244255 (25) miles per hour or l ess,
245256 b. the roadway is located in an unincorporated area, and
246257 c. appropriate signage, cautioning motorists of the
247258 possibility of golf c art or utility vehicle traf fic,
248259 is erected by the board of county commissioners ; or
249260 5. Street-legal utility vehicles tha t are registered as a motor
250261 vehicle pursuant to subsection B of Section 1 1-171.1 of this act
251262 title may be operated on the streets and highways of th is state.
252263 Provided, however, street-legal utility vehicles shall not be
253264 operated on the National System of Interstate and Defense Highways
254265 or U.S. highways.
255266 D. All-terrain vehicles shall not be operated on the streets
256267 and highways of this state, except:
257268 1. On unpaved roads which are located within the boundaries of
258269 any property of the Forest Service of the U nited States Department
259270 of Agriculture;
260271 2. On highways if:
261272 a. the vehicle needs to make a direct crossing of the
262273 highway while the vehicle is travel ing upon a
263274 regularly traveled trail and needs to continue travel
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264302 from one area of the trail to another and, if the
265303 vehicle comes to a complete stop, yields the right -of-
266304 way to all oncoming traffic that constitutes an
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293305 immediate hazard, and crosses the highw ay at an angle
294306 of approximately ninety (90) degrees to the direction
295307 of the street or highway. This exception shall not
296308 apply to divided highways or highways with a posted
297309 speed limit of more than thirty -five (35) miles per
298310 hour in the area of the crossin g,
299311 b. the vehicle needs to travel on a highway in order to
300312 cross a railroad track . In that event, the all -
301313 terrain vehicle may travel for not more than three
302314 hundred (300) feet on a highway to cross a railroad
303315 track,
304316 c. the operator of the all -terrain vehicle making the
305317 crossing at a highway has a valid driver license, and
306318 d. the operator of the vehicle makes a crossing on a
307319 highway during daylight hours only;
308320 3. On streets and highways within a municipality if the
309321 municipal governing body has adopted an o rdinance governing the
310322 operation of golf carts, utility vehicles or all -terrain vehicles on
311323 streets and highways within the municipality; or
312324 4. On roadways within unincorporated areas of a county if those
313325 roadways are not part of the state highway system or the National
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314353 System of Interstate and Defense Highways; provided, however, that
315354 the driver is a licensed driver.
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342355 E. Mopeds, as defined by Section 1-133.2 of this title, may be
343356 operated on the streets and highways of this state if:
344357 1. The municipal governing body has adopted an ordinance
345358 governing the operation of mopeds on city stree ts; provided, such
346359 ordinances shall include necessary vehicle lighting and safety
347360 requirements; or
348361 2. The board of county commissioners of a county has approved
349362 the operation of mopeds on roadways w ithin the county, not including
350363 roadways within a municip ality.
351364 SECTION 3. AMENDATORY 47 O.S. 2021, Section 1116.2, is
352365 amended to read as follows :
353366 Section 1116.2 A. Notwithstanding any other provision of law,
354367 any person with a physical disability as defined by Section 15 -112
355368 of Title 47 of the Oklahoma Statut es this title shall be authorized
356369 to operate golf carts to the extent that the phy sically disabled
357370 person is capable as determined by a physician as defined by Section
358371 15-112 of Title 47 of the Oklahoma Statutes this title if:
359372 1. Such operation is within the boundaries of a park owned by
360373 this state;
361374 2. Operation occurs during daylight hours onl y;
362375 3. The golf cart does not exceed the speed limit in such area
363376 as determined by the Oklahoma Tourism and Recreation Department;
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390404 4. The golf cart is not operate d on roadways within park
391405 boundaries with posted speed limits greater than twenty -five (25)
392406 miles per hour;
393407 5. The operator of such golf cart possesses a valid driver
394408 license; and
395409 6. The operator of such golf cart shall provide cer tified proof
396410 of his or her disability.
397411 B. The Tourism and Recreation Commission Department shall
398412 designate areas of operation for golf carts in each state park as
399413 appropriate, and establish rules for the safe operation of golf
400414 carts pursuant to this act.
401415 SECTION 4. AMENDATORY 61 O.S. 2021, Section 121, is
402416 amended to read as follows :
403417 Section 121. A. Change orders or addenda to public
404418 construction contracts of One Million Dollars ($1,000,000.00) or
405419 less shall not exceed a fifteen p ercent (15%) cumulative increase in
406420 the original contract amount.
407421 B. Change orders or addenda to public construction contracts of
408422 over One Million Dollars ($1,000,000.00) shall not exceed the
409423 greater of One Hundred Fifty Thousand Dollars ($150,000.00) or a ten
410424 percent (10%) cumulative increase in the original contract amount.
411425 C. Change orders or cumulative change orders which exceed the
412426 limits of subsection A or B of this section shall require a
413427 readvertising for bids on the incomplete portions of the con tract.
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440455 D. If the awarding public agency does not have a governing
441456 body, the chief administrative officer of the awarding public agency
442457 shall approve change orders. The State Construction Administrator
443458 of the Construction and Properties Division of the Of fice of
444459 Management and Enterprise Services, or the Administrator's designee,
445460 shall sign and execute all contracts and change orders, as they
446461 relate to state agencies.
447462 E. If the awarding public agency has a governing body, all
448463 change orders shall be formal ly approved by the gove rning body of
449464 the awarding public agency and the reasons for approval recorded in
450465 the permanent records of the governing body. The governing body of
451466 a municipality or technology center may delegate approval of change
452467 orders up to Forty Thousand Dollars ($ 40,000.00) or ten percent
453468 (10%) of any contract, whicheve r is less, to the chief
454469 administrative officer of the municipality or technology center or
455470 their designee, with any approved change orders reported to the
456471 governing body at the next regularly schedul ed meeting.
457472 F. The Oklahoma Veterans Commission, as the governing body of
458473 the Oklahoma Department of Veterans Affairs, is authorized to
459474 delegate to the Director of the agency the authority to approve
460475 change orders on a construction contract provided that the
461476 individual change order does not exceed Forty Thousan d Dollars
462477 ($40,000.00) in expenditure, and complies with the limits
463478 established by this section. Change orders approved by the Director
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490506 pursuant to a delegation of authority s hall be presented to th e
491507 Commission during the next regular meeting and the reas ons for the
492508 orders recorded in permanent records.
493509 G. The governing body of the Oklahoma Tourism and Recreation
494510 Department is authorized , upon approval of a majority of all of the
495511 members of the Oklahoma Tourism and Recreation Commission, to
496512 delegate to the Director of the agency the authority to approve
497513 change orders on a construction contract provided that the
498514 individual change order does not exceed Twenty -five Thousand Dollar s
499515 ($25,000.00) in expen diture and complies with the limits established
500516 by this section. The Administrator of the Division shall sign and
501517 execute all contracts and change orders.
502518 H. The Transportation Commission may, by rule, authorize the
503519 Director of the Department of Transpor tation to approve change
504520 orders in an amount of not to ex ceed Five Hundred Thousand Dollars
505521 ($500,000.00). Change orders approved by the Director shall be
506522 presented to the Transportation Commission during the next regular
507523 meeting and the reasons therefor recorded in the permanent records.
508524 The Oklahoma Turnpike Authority may authorize the Director of the
509525 Authority to approve change orders in an amount not to exceed Two
510526 Hundred Fifty Thousand Dollars ($250,000.00). Change orders
511527 approved by the Director of the Authority shall be presented to the
512528 Authority during the next regular meeting and the reasons for the
513529 orders recorded in permanent records.
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540557 I. All change orders for the Department of Transportation or
541558 the Authority shall contai n a unit price and tota l for each of the
542559 following items:
543560 1. All materials with cost per item;
544561 2. Itemization of all labor with number of hours per operation
545562 and cost per hour;
546563 3. Itemization of all equipment with the type of equipment,
547564 number of each type, cost per hour for each type, and number of
548565 hours of actual operation for ea ch type;
549566 4. Itemization of insurance cost, bond cost, S ocial Security,
550567 taxes, workers' compensation, employee fringe benefits and overhead
551568 cost; and
552569 5. Profit for the contrac tor.
553570 J. 1. If a construction contract contains unit pricing, and
554571 the change order pertains to the unit price, the change order will
555572 not be subject to subsection A or B of this section.
556573 2. When the unit price change does not exceed Twenty Thousand
557574 Dollars ($20,000.00), the uni t price change order computation may be
558575 based on an acceptable unit price basis in lieu of cost itemization
559576 as required in paragraphs 1, 2, 3, 4 and 5 of subsection I of this
560577 section.
561578 3. When the unit price change exceeds Twenty Tho usand Dollars
562579 ($20,000.00), any unit price for a new item established at or belo w
563580 the average eighteen -month-price history for the new item may be
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590608 used in lieu of cost itemization as required in paragraphs 1, 2, 3,
591609 4 and 5 of subsection I of this section.
592610 K. Alternates or add i tems bid with the original bid and
593611 contained in the award ed contract as options of the awarding public
594612 agency shall not be construed as change orders under the provisions
595613 of the Public Competitive Bidding Act of 1974.
596614 L. Where construction management at -risk is the project
597615 delivery method, the limits establishe d by subsections A and B of
598616 this section shall be based upon the total cost of the project
599617 rather than the cost of the individual trade contracts.
600618 SECTION 5. AMENDATORY 61 O.S. 2021, Section 130, is
601619 amended to read as follows :
602620 Section 130. A. The provisions of the Public Competitive
603621 Bidding Act of 1974 with refe rence to notice and bids shall not
604622 apply to an emergency if:
605623 1. The governing body of a publ ic agency declares by a two-
606624 thirds (2/3) majority vote of all of the members of the governing
607625 body that an emergency exists;
608626 2. The Transportation Commission an d the Oklahoma Tourism and
609627 Recreation Commission Executive Director, by majority vote of all
610628 the members of each the Commission, and by the authority granted to
611629 the Executive Director of the Oklahoma Tourism and Recreation
612630 Department, declare that an emergency exists; or
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639658 3. The chief administrative officer of a public agency without
640659 a governing body declares that an emer gency exists.
641660 B. The governing body of a public agency may, upon approval of
642661 two-thirds (2/3) majority of all of the members of the governing
643662 body, delegate to the chief administrative officer of a public
644663 agency the authority to dec lare an emergency where by the provisions
645664 of the Public Competitive Bidding Act of 1 974 with reference to
646665 notice and bids shall not apply to contracts less tha n One Hundred
647666 Fifty Thousand Dollars ($150,000.00) in amount; provided, such
648667 authority of the Depa rtment of Transportatio n and the Oklahoma
649668 Turnpike Authority shall not extend to an y contract exceeding Seven
650669 Hundred Fifty Thousand Dollars ($750,000.00) in amount and such
651670 authority of the Dep artment of Corrections shall not extend to any
652671 contract exceeding Two Hundred Fifty T housand Dollars ($250,000.00)
653672 in amount for situations in wh ich the emergency impacts the
654673 conditions of confinement, health and safety of correctional
655674 officers and inmates in the custody of the Department of
656675 Corrections.
657676 C. Upon approval of a two-thirds (2/3) majority vote, the
658677 Oklahoma Conservation Commission may delegate to the Executive
659678 Director the authority to declare an emergency and set a monetary
660679 limit for the declaration. The provisions of this subsection may
661680 only be used for the purpose of respo nding to an emergency involving
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688708 the reclamation of abandoned coal mines or the repair of damaged
689709 upstream floodwater retarding structures.
690710 D. An emergency declared by the Board of Corrections pursuant
691711 to subsection C of Section 65 o f this title shall exem pt the
692712 Department of Corrections from the limits which would otherwise be
693713 imposed pursuant to subsection B of this section for the contracting
694714 and construction of new or e xpanded correctional facilities.
695715 E. The chief administrative officer of a public age ncy with a
696716 governing body shall notify the governing body wi thin ten (10) days
697717 of the declaration of an emergency if the governing body did not
698718 approve the emergency . The notification shall contain a statement
699719 of the reasons for the action, and shall be r ecorded in the official
700720 minutes of the governing body.
701721 F. Emergency as used in this section shall be limited to
702722 conditions resulting from a sudden unexpected happening or
703723 unforeseen occurrence or condition whereby the public health or
704724 safety is endangered .
705725 G. The chief administrative officer of a public agency sh all
706726 report an emergency within ten (10) days of the emergency
707727 declaration and include the official minutes of t he governing body
708728 of the public agency, if applicable, to the State Construction
709729 Administrator of the Construction and Properties Division of the
710730 Office of Management and Enterprise Services who shall compile an
711731 annual report detailing all emergencies decl ared pursuant to this
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738759 section during the previous calendar yea r. The report shall be
739760 submitted to the Governor, the President Pro Tempore of the Senate,
740761 and the Speaker of the House of Representatives.
741762 SECTION 6. AMENDATORY 64 O.S. 2021, Section 1014, is
742763 amended to read as follows :
743764 Section 1014. A. The Commissioners of the Land Office may
744765 invest the permanent school funds in real property owned or acquired
745766 by the State of Oklahoma or the Oklahoma Tourism and Recreation
746767 Department and under the jurisdiction of the Oklahoma Tourism and
747768 Recreation Commission Department. The Commissioners of the Land
748769 Office shall not inves t more than three percent (3%) of the to tal
749770 value of the permanent school funds in connection with this
750771 investment.
751772 B. The Commissioners of the Land Office are authorized to
752773 acquire, exchange, and g rant any real property under its
753774 jurisdiction as is neces sary to carry out the investment in the real
754775 property.
755776 C. The Commissioners of the Land Office may carry out the
756777 investment as authorized in this section only if the investmen t
757778 complies with all pro visions of the Oklahoma Constitution related to
758779 preservation and use of the permanent school fund and with all other
759780 trust requirements under law related to investment of the fund.
760781 D. Any investment in or acquisition, exchange or gr ant of any
761782 real property by the Commissioners of the Land Office relating to
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788810 the Texoma State Park, Lake Texoma Lodge or any real property in the
789811 area owned by the Oklahoma Tourism and Recreation Department shall
790812 be subject to the following provisions:
791813 1. Employees at Texoma St ate Park and/or Lake Texoma Lodge who
792-have a minimum of two (2) years' continuous service with th e
814+have a minimum of two (2) years’ continuous service with th e
793815 Oklahoma Tourism and Recreation Department at Texoma State Park
794-and/or Lake Texoma Lodge on the date of the facilities ' closure
816+and/or Lake Texoma Lodge on the date of the facilities’ closure
795817 shall have the opportunity to obtain employment with any successor
796818 operator of a resort or park facility located on the lands held by
797819 the Oklahoma Tourism and Recreation Department on the effective date
798820 of this act, provided such employees are qualified and elig ible for
799821 any such employment. Further, the Oklahoma Tourism and Recreation
800822 Department is hereby directed to develop a s everance package for all
801823 such employees affected by any closure of facilities as provided for
802824 in this section;
803825 2. Any investment in or acquisition, exchange o r grant of real
804826 property authorized by this section shall ensure a fair return to
805827 the Oklahoma Tourism and Recreation Department to be distributed as
806828 provided for in paragraph 3 of this subsection;
807829 3. All proceeds to the Oklahoma To urism and Recreation
808830 Department from any such investment in or acquisition, exch ange or
809831 grant of state property in the p ark shall be reinvested in the
810832 Texoma area in projects that enhance the visitor experience or
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837860 augment the public facilities available to visitors as provided for
838861 in Section 1852.3 of Title 74 of the Oklahoma Statutes ;
839862 4. Any such investment in or acquisit ion, exchange or grant of
840863 state property must lead to the highest and best use of the
841864 property;
842865 5. Existing concessionaires in and arou nd the park shall be
843866 consulted and given opportunities to participate in any and all
844867 business opportunities and improvem ents resulting from such
845868 investment in or acquisition, exchange or grant of real property.
846869 The private investments of existing concessi onaires in and around
847870 the park shall be given due consideration by any state age ncy that
848871 is a party to any investment in or acquisition, exchange or grant of
849872 real property authorized by this act; and
850873 6. Any such investment in or acquisition, exchange or g rant of
851874 any real property shall include a provision to ensure the Oklahoma
852875 Department of Tourism and Recreation grant s to the Lake Texoma
853-Association the real property that includes the asso ciation's
876+Association the real property that includes the asso ciation’s
854877 headquarters and that the association be allowed to rema in at its
855878 current location.
856879 SECTION 7. AMENDATORY 68 O.S. 2021, Section 4405, is
857880 amended to read as follows:
858881 Section 4405. No proceeds from the levy of any sales tax
859882 imposed by a county or a municipality shall be affected by the
860883 provisions of the Lake M urray Area Infrastructure Support Act and
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887911 the proceeds from any such levy shall be collected and remitted as
888912 required by the Oklahoma Sales Tax Code. The distribution of the
889913 revenues shall be made in accordance with all applicable
890914 requirements of law with respect to such sales tax levies. The
891915 provisions of the Lake Murray Area Infrastructure Support Act shall
892916 not be applicable and shall not have the force or effect of law
893917 unless the Oklahoma Tourism and Recreation Commission Department
894918 approves an agreement for the leasing of certain real property,
895919 including, but not limited to the existing Lake Murray State Lodge
896920 facility to another entity for the purpose of operation and
897921 development of lodge facilities with in the Lake Murray resort area.
898922 SECTION 8. AMENDATORY 68 O.S. 2021, Section 50015, is
899923 amended to read as follows :
900924 Section 50015. A. There is hereby created an Oklahoma Tourism
901925 Promotion Advisory Committee which shall advise the Oklahoma Tourism
902926 and Recreation Department on ma tters of statewide tourism promotion.
903927 The Committee shall consist of thirteen (13) members and one ex
904928 officio nonvoting member as follows:
905929 1. Chair of the Senate Tourism Committee, or designee;
906930 2. Chair of the House of Rep resentatives Tourism and Recrea tion
907931 Committee, or designee;
908932 3. President of the Oklahoma Travel Industry Association, or
909933 designee;
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936961 4. President of the Oklahoma Lakes and Countries Association,
937962 or designee;
938963 5. Member of the Oklahoma Tourism and Recreatio n Commission,
939964 selected by the Oklahoma Tourism and Recreation Commission Executive
940965 Director, whose occupation shall be in the tourism industry;
941966 6. President of the Oklahoma Hotel/Motel Association, or
942967 designee;
943968 7. President of the Oklahoma Restaurant Ass ociation, or
944969 designee;
945970 8. Representative of the City Convention and Tourism Bureau or
946971 a representative of a municipal chamber of commerce, appointed by
947972 the Oklahoma Tourism and Recreation Commission;
948973 9. Director of the Oklahoma Arts Council, or designee;
949974 10. Representative of the tou r operator or travel agent sector,
950975 appointed by the Oklahom a Tourism and Recreation Commission
951976 Department;
952977 11. Representative of the transportation sector, including but
953978 not limited to, airlines, bus companies, car rental bu siness,
954979 appointed by the Oklaho ma Tourism and Recreation Commission
955980 Department;
956981 12. Executive Director of the Oklahoma Historical Society, or
957982 designee; and
958983 13. Director of the Native American Cultural and Educational
959984 Authority, or designee.
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9861012 The Director of the Travel Promotion Division of the Oklahoma
9871013 Tourism and Recreation Department, or des ignee, shall serve as the
9881014 ex officio nonvoting member.
9891015 B. The initial appointed members shall be appointed on or
9901016 before January 1, 1988. The term of office of each appointed member
9911017 shall be for one (1) year and end on December 31 of each year, but
9921018 all members shall hold office until their successors are appointed.
9931019 C. The membership shall annually elect a chair and vice -chair
9941020 of the Committee, each of whom shall serv e for a term of one (1)
9951021 fiscal year and until their successor is elected, and who shall
9961022 perform such duties as the Commi ttee directs.
9971023 D. The members of the Committee shall receive no compensation
9981024 for their services or reimbursements for any expenses incur red.
9991025 E. The Committee shall ho ld at least four regular meetings each
10001026 calendar year at a p lace and time to be fixed by t he Oklahoma
10011027 Tourism and Recreation Commission Department.
10021028 SECTION 9. AMENDATORY 74 O.S. 2021, Section 500.2, is
10031029 amended to read as follows:
10041030 Section 500.2 A. Officials and employees of the state,
10051031 traveling on authorized state business, may be reimbursed for
10061032 expenses incurred in suc h travel in accordance with the provisions
10071033 of the State Travel Reimbursement Act and existing statutes relating
10081034 to state travel. Persons who are not state employees, but who are
10091035 performing substantial and necessary services to the state which
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10361063 have been directed or approved by the appropriate depar tment
10371064 official shall enjoy the protection of the s overeign immunity of th e
10381065 state to the same extent as a paid employee. Such person s may be
10391066 reimbursed for expenses incurred during authorized official travel
10401067 under these same statutory provisions, provided it is indicated on
10411068 the claim the person is not a s tate employee, a descri ption of
10421069 services performed is entered, and the agency head by approval of
10431070 the claim certifies such services were substantial and necessary,
10441071 and germane to the duties and functions of the reimbursing agency.
10451072 Travel expenses incurred by a person during the course of seeking
10461073 employment with a state agency, unless s uch travel is performed at
10471074 the request of the employing agency, shall not be cons idered
10481075 expenses incurred in performing subs tantial and necessary services
10491076 to the state and shall not be reimbursed u nder the provisions of the
10501077 State Travel Reimbursement Act.
10511078 B. The chief administrative officer of the Department of Public
10521079 Safety, the Oklahoma State Bureau of Investigation, the Okl ahoma
10531080 State Bureau of Narcotics and Dangerous Drug s Control, the Military
10541081 Department of the State of Oklahoma, the Department of Cor rections,
10551082 the Office of Management and Enterprise Services, the Alcoholic
10561083 Beverage Laws Enforcement Commission, the Oklahoma Department of
10571084 Agriculture, Food, and Forestry, th e Oklahoma Department o f
10581085 Emergency Management, the State Fire Marshal, and the Sta te
10591086 Department of Health may arrange for and charge meals and lodging
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10861114 for a contingent of state personnel moved into an area for the
10871115 purpose of preserving the public health, s afety, or welfare or fo r
10881116 the protection of life or property. The cost for meals o r lodging
10891117 so charged shall not exceed the amount authorized in the State
10901118 Travel Reimbursement Act. The chief administrative officer of each
10911119 agency involved in such an operat ion shall require the v endor
10921120 furnishing meals, lodging, or both meals and lodging to submit an
10931121 itemized statement for payment. When a claim for lodging is made
10941122 for a contingent of state personnel, individu al members of the
10951123 contingent may not submit a clai m for lodging. When a claim for
10961124 meals is made for a contingent of state personnel , individual
10971125 members of the contingent may not submit a claim for meals.
10981126 C. The Oklahoma Department of Commerce, the Oklaho ma Center for
10991127 the Advancement of Science and Techn ology, and the Oklahoma
11001128 Department of Agriculture, Food, and Forestry are hereby a uthorized
11011129 to enter into contracts and agreements for the payment of food,
11021130 lodging, meeting facility and beverage expenses as may be necessary
11031131 for sponsoring seminars and rece ptions relating to econ omic
11041132 development and science and technology issues. Such e xpenses may be
11051133 paid directly to the contracting agency or business establishment.
11061134 The Director of the Oklahoma Department o f Commerce, the President
11071135 of the Oklahoma Center f or the Advancement of S cience and
11081136 Technology, and the Commissioner of Agriculture shall each provide a
11091137 quarterly report of such expenditures to the Governor, the S peaker
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11361165 of the House of Representatives and the President Pro Tempore of the
11371166 Senate.
11381167 D. The Native American Cultural and Educational Authority is
11391168 hereby authorized to enter in to contracts and agreements for the
11401169 payment of food, lodging, and meeting facilit y as may be necessary
11411170 to pursue the promoti on of fundraising, marketing, and development
11421171 of Native American educatio nal programs and cultural projects, or to
11431172 sponsor luncheons, seminars, and receptions relating to Native
11441173 American educational, cultural, mus eum, and economic development
11451174 issues. Such expenses may be paid directly to the contracting
11461175 agency or business esta blishment. The Executive Director of the
11471176 Native American Cultural and Educational Authority shall provide a
11481177 monthly report of expenditures to the Native American Cultural and
11491178 Educational Authority Board.
11501179 E. For purposes of this sec tion:
11511180 1. "State agency" means any constitutionally or statutorily
11521181 created state board, commission, or department, including the
11531182 Legislature and the Courts;
11541183 2. State agencies are authorized to enter into c ontracts and
11551184 agreements for the payment of food an d lodging expenses as m ay be
11561185 necessary for employees or other persons who are perf orming
11571186 substantial and necessary services to the state by attending
11581187 official conferences, meetings, seminars, workshops, or training
11591188 sessions or in the performance of their d uties. Such expenses m ay
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11861216 be paid directly to the contracting agency or business
11871217 establishment, provided the meeting qualifies for overnight travel
11881218 for the employees and the cost for food and lodging for ea ch
11891219 employee shall not exceed the total daily rate as provided in the
11901220 State Travel Reimbursement Act;
11911221 3. State agencies are authoriz ed to enter into contracts and
11921222 agreements for the payment of conference registrat ion expenses as
11931223 may be necessary for employ ees or other persons who are performing
11941224 substantial and necessary service s to the state by attending
11951225 official conferences, meetings, seminars, workshops, or training
11961226 sessions. Such expenses may be paid directly t o the contracting
11971227 agency or business establ ishment; and
11981228 4. State agencies are authorized to enter into contracts an d
11991229 agreements for the payment of food and lodging expenses a s may be
12001230 necessary for employees attending an official course of instruction
12011231 or training conducted or sponsored by any state agency. Expenses
12021232 may be paid directly to the con tracting agency or busi ness
12031233 establishment. The cost for food and lodging for each employee
12041234 shall not exceed the total daily rate as provided in the State
12051235 Travel Reimbursement Act.
12061236 F. State agencies are au thorized to make direct purchases of
12071237 commercial airline tickets for use b y employees in approved out-of-
12081238 state travel. Each claim or invoice submitted to the Director of
12091239 the Office of Management and Enterprise Ser vices for the payment of
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12361267 the purchase shall bear the airline identifying ticket number, the
12371268 name of the airline, tot al cost of each ticket purchased, class of
12381269 accommodation and name of the employee for whom the ticket was
12391270 purchased, and shall be filed on c laim forms as prescribed by the
12401271 Director of the Office of Management and Enterprise Services. The
12411272 employee shall sign an affidavit stating that the employee used a
12421273 direct purchase commercial airline ticket received for his or her
12431274 approved out-of-state travel, or in lieu of the affidavit, the
12441275 employee may file a travel claim in connection with sai d airline
12451276 flight.
12461277 G. 1. The Director of the Office of Management and Enterprise
12471278 Services is hereby authorized to enter into contracts and agreements
12481279 for the payment of food, lodging, and other authorized expenses as
12491280 may be necessary to host, conduct, spo nsor, or participate in
12501281 conferences, meetings, or training sessions. The Director may
12511282 establish accounts as necessary for the collection and distribution
12521283 of funds, including funds of sponsors and registrat ion fees, related
12531284 to such conferences, meetings, a nd training sessions. Expenses
12541285 incurred may be paid directly to the contracting a gency or business
12551286 establishment.
12561287 2. The cost of food for persons attending any c onferences,
12571288 meetings, and training sessions that do not require overnight travel
12581289 shall not exceed the total daily ra te as provided in the State
12591290 Travel Reimbursement Act.
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12861318 H. 1. The Commissioner of the Department of Mental Health and
12871319 Substance Abuse Servic es is hereby authorized to enter into
12881320 contracts and agreements for the payment of food, lodgi ng, and other
12891321 authorized expenses as may be necessary to host, conduct, sponsor,
12901322 or participate in conferences, meetings, or training sessions. The
12911323 Commissioner may establish accounts as necessary for the collection
12921324 and distribution of funds, including fu nds of sponsors and
12931325 registration fees, related to such conferences, meetings, and
12941326 training sessions. Any expenses incurred may be paid directly to
12951327 the contracting agency or business establishment.
12961328 2. The cost of food for persons attending any conferences ,
12971329 meetings, and trainin g sessions that do not require overnight travel
12981330 shall not exceed the total daily rate as provided in the State
12991331 Travel Reimbursement Act.
13001332 I. The Oklahoma Indigent Defense System is he reby authorized to
13011333 enter into contracts and agreem ents for the payment of lodging as
13021334 necessary for employees to carry out their duti es in representing
13031335 any client whom the System has been properly appointed to repr esent.
13041336 Such expenses may be paid directly to the contracting agency or
13051337 business establishmen t. The cost for lodgin g for each employee
13061338 shall not exceed the daily rate as prov ided in the State Travel
13071339 Reimbursement Act.
13081340 J. The Oklahoma Tourism and Recreati on Department is hereby
13091341 authorized to enter into contracts and agreements for the payment of
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13361369 food, lodging, and meet ing facility and beverage expenses as may be
13371370 necessary for seminars and receptions relating to familiarization
13381371 tours and tourism development . The expenses may be paid directly to
13391372 the contracting agency or business establishment. Th e Executive
13401373 Director of the Oklahoma Tourism and Recreation Department shall
13411374 provide a monthly report of any such expenditures to the Oklahoma
13421375 Tourism and Recreati on Commission Department.
13431376 K. The Oklahoma Tourism and Recreation Department is hereby
13441377 authorized to enter into cont racts and agreements for the payment of
13451378 exhibitor fees and display space charges at expositions to promote
13461379 the Department's recreational fac ilities and the tourism and
13471380 recreation industry. The expenses may be paid directly to the
13481381 contracting agency or bus iness establishment; provided that no
13491382 payment shall be made prior to the event unless it conveys a
13501383 property right to the state for future av ailability and use.
13511384 L. 1. The Oklahoma Highway Safet y Office of the Department of
13521385 Public Safety is hereby authoriz ed to enter into contracts and
13531386 agreements for the payment o f food, lodging, and other authorized
13541387 expenses as may be necessary, to host, cond uct, sponsor, or
13551388 participate in highway -safety-related conferences, workshops,
13561389 seminars, meetings, or training sessi ons. The payments shall be for
13571390 all persons in attendance, including, but not limited to, employees
13581391 of political subdivisions or employees o f the state or federal
13591392 government. For purposes speci fied in this paragraph, only federal
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13861420 highway safety funds may be used in accordance with federal
13871421 guidelines and regulatio ns, and no appropriated state funds shall be
13881422 used.
13891423 2. The cost of food for perso ns attending any highway safety
13901424 conferences, workshops , seminars, meetings, and training sess ions
13911425 that do not require overnight travel shall not exceed the total
13921426 daily rate as provided in the State Travel Reimbursement Act.
13931427 M. 1. The Director of the Okla homa State Bureau of
13941428 Investigation is hereby authorize d to enter into contracts and
13951429 agreements for the payment of fo od, lodging and other authorized
13961430 expenses as may be necessa ry to host, conduct, sponsor or
13971431 participate in any conference, meeting, training session or
13981432 initiative to promote the mission and purpo ses of the Bureau. The
13991433 payments may be for all persons in att endance, including, but not
14001434 limited to, employees of politi cal subdivisions or employees of the
14011435 state or federal government.
14021436 2. The cost of food for persons that do not require overnight
14031437 travel shall not exceed the total daily rate as provided in the
14041438 State Travel Reimbursement Act.
14051439 N. The Oklahoma Homeland Secur ity Director is hereby authorized
14061440 to enter into contracts and agreements for the payment of food,
14071441 lodging and other authorized expenses as may be necessary to host,
14081442 conduct, sponsor, or participate in homeland-security-related
14091443 conferences, meetings, worksh ops, seminars, exercises or training
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14361471 sessions. The expenses may be paid directly to the contracting
14371472 agency or business establishment.
14381473 O. The State Department of Education i s hereby authorized to
14391474 enter into contracts and agreements for the payment of food , lodging
14401475 and other authorized expenses as may be necessary to host, conduct,
14411476 sponsor or participate in conferences, meetings or traini ng
14421477 sessions. The State Department of E ducation may establish accounts
14431478 as necessary for the collection and distribution o f funds, including
14441479 funds of sponsors and registration fees, related to such
14451480 conferences, meetings and training sessions. Any expenses incurred
14461481 may be paid directly to the co ntracting agency or bus iness
14471482 establishment.
14481483 P. 1. The Insurance Commissioner of the Insurance Department
14491484 of the State of Oklahoma is hereby authorized to enter i nto
14501485 contracts and agreements for the payment of food, lodging, and other
14511486 authorized expenses as may be necessary to host, conduct, sponsor,
14521487 or participate in conferences, meet ings, or training sessions. The
14531488 Commissioner may establish accounts as necessary for the collection
14541489 and distribution of funds, includi ng funds of sponsors and
14551490 registration fees, related to such co nferences, meetings, and
14561491 training sessions. Any expenses i ncurred may be paid directly to
14571492 the contracting agency or business establishment.
14581493 2. The cost of food for persons attending any confer ences,
14591494 meetings, and training sessions that do not require ove rnight travel
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14861522 shall not exceed the total daily rate as prov ided in the State
14871523 Travel Reimbursement Act.
14881524 Q. 1. The State Regents for Higher Education is hereby
14891525 authorized to enter into contracts and agreements for the payment of
14901526 food, lodging, and other au thorized expenses as may be necessary to
14911527 host, conduct, sponsor, or participate in conferences, meetings, or
14921528 training sessions. The State R egents for Higher Education may
14931529 establish accounts as necessary for the collection and distri bution
14941530 of funds, including funds of sponsors and registration fees, related
14951531 to such conferences, meetings, and training sessions. Any expenses
14961532 incurred may be paid directly to the contracting agency or business
14971533 establishment.
14981534 2. The cost of food for pers ons attending any confe rences,
14991535 meetings, and training sessions that do not require overnight travel
15001536 shall not exceed the total daily rate as provided in the State
15011537 Travel Reimbursement Act.
15021538 R. 1. The Office of Educat ional Quality and Accountability is
15031539 hereby authorized to enter into contracts and agreements for the
15041540 payment of food, lod ging, and other authorized expenses as may be
15051541 necessary to host, conduct, sponsor , or participate in conferences,
15061542 meetings, or training sessions. The Office of Educational Q uality
15071543 and Accountability may establish accounts as necessary for the
15081544 collection and distribution of funds, including funds of sponsors
15091545 and registration fees, rela ted to such conferences, meetings, and
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15361573 training sessions. Any expenses incurred may be paid directly to
15371574 the contracting agency or business establishment.
15381575 2. The cost of food for persons attending any conferences,
15391576 meetings, and training sessions that do n ot require overnight travel
15401577 shall not exceed the total daily rate as provided in the State
15411578 Travel Reimbursement Act.
15421579 S. 1. The Department of Securities is hereby authorized to
15431580 enter into contracts and agreements for the payment of food,
15441581 lodging, meeting facility, facilitator fees and travel expenses,
15451582 exhibitor fees and other authorized expenses as may be necessary to
15461583 host, conduct, sponsor or participate in conferences, meeti ngs,
15471584 training sessions or initiatives promoting or otherwise relating to
15481585 investor education. The Department of Securities may establis h
15491586 accounts as necessary for the collect ion and distribution of funds,
15501587 including funds of sponsors and registration fees, relating to such
15511588 conferences, meetings, training sessions or initiatives. The
15521589 payments may be for all persons in attendance, including , but not
15531590 limited to, employees of the state or federal govern ment or
15541591 employees of political subdivisions of the state, i ncluding
15551592 employees of boards of public education. Expenses incurred may be
15561593 paid directly to the contracting agency or business establi shment.
15571594 2. The cost of food for person s attending any confere nces,
15581595 meetings and training sessions that do not require ov ernight travel
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15851623 shall not exceed the total daily rate as provided in the State
15861624 Travel Reimbursement Act.
15871625 3. The Department of Securitie s is hereby authorized to pay
15881626 stipends to teachers participati ng in the investor education program
15891627 and monetary achieveme nt awards to select participating students.
15901628 No appropriated state funds shall be used.
15911629 T. 1. The Oklahoma Department of Veterans Aff airs is hereby
15921630 authorized to enter into contracts and agreemen ts for the payment of
15931631 food, lodging, meeting facility, beve rage and other authorized
15941632 expenses as may be necessary to host, conduct, sponsor or
15951633 participate in seminars, receptions, conferences, m eetings or
15961634 training sessions relating t o the support of vetera ns and the
15971635 development of veterans' services. Expenses inc urred may be paid
15981636 directly to the contracting agency or business establishment. The
15991637 Executive Director of the Oklahoma Department of V eterans Affairs
16001638 shall provide a monthly report of any such exp enditures to the
16011639 Oklahoma Veterans Commission.
16021640 2. The cost of food for persons attending any conferences,
16031641 meetings and training sessions th at do not require overnight travel
16041642 shall not exceed the total daily rate as provided in the S tate
16051643 Travel Reimbursement Act.
16061644 U. Whenever possible it shall be the policy of eac h state
16071645 agency to prepay airline fares and lodging expenses using a purchase
16081646 card issued to the agency. This policy shall apply to ins tances
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16351674 where employees of the agency ar e traveling on behalf o f state
16361675 government.
16371676 SECTION 10. AMENDATORY 74 O.S. 2021, Section 500.18, is
16381677 amended to read as follows :
16391678 Section 500.18 A. Except for members of the Legislature, the
16401679 Governor and the Lieutenant Governor, provi sions of Sections 500.1
16411680 through 500.18 of this title shall be mandatory for all of ficials
16421681 and employees of all dep artments, boards, commissions and
16431682 institutions of the state, regardless of the provisions of any other
16441683 act of the Legislature, except as provi ded by this section. T he
16451684 enactment of any measure in the future providing for tra vel
16461685 reimbursement of state offic ers and employees on the basis of
1647-"actual and necessary " expenses or in any other manner inconsistent
1686+“actual and necessary” expenses or in any other manner inconsistent
16481687 with Sections 500.1 through 500.18 of th is title shall be deeme d to
16491688 provide for reimbursement in accordance with Sections 500.1 through
16501689 500.18 of this title unless a contrary intent is explicitly
16511690 expressed in this section. Sections 500.1 through 500.18 of this
16521691 title shall not apply, however, to travel reimbursements made by
16531692 political subdivisions of this state, except as oth erwise provided
16541693 by law.
16551694 B. The agencies listed below are authorized certain exceptions
16561695 and/or exemptions to the provisions of Sections 500.1 through 500.18
16571696 of this title to the extent specified:
16581697 1. Oklahoma Department of Agriculture, Food, and Forestry:
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16851725 a. The actual and reasonable exp enses of travel and
16861726 subsistence in pursuing and developing markets for
16871727 Oklahoma agricultural products incurred by the
16881728 Commissioner, Deputy Com missioner and such empl oyees
16891729 designated by the State Board of Agriculture within
16901730 the marketing development program s of the Oklahoma
16911731 Department of Agriculture, Food, and Forestry shall be
16921732 reimbursed to the employee incurring such expenses.
16931733 Reimbursement of such expenses shall be in accordance
16941734 with rules adopted by the Board. Expenses c laimed
16951735 shall, prior to reimburse ment, be reviewed by the
16961736 Board at a regular meeting and individually approved
16971737 or disapproved.
16981738 b. The actual and necessary expenses of out -of-state
16991739 travel and subsistence incurred by employees of the
17001740 Forestry Division authori zed to evaluate and acquire
17011741 federal excess property or surplus property in other
17021742 states for use in its fire protection program, shall
17031743 be reimbursed to the employee incurring such expenses.
17041744 2. Department of Public Safety:
1705-When traveling with the Governor o r at the Governor's request,
1745+When traveling with the Governor o r at the Governor’s request,
17061746 personnel assigned by the Commissioner for executive security and
17071747 pilots on executive assignment shall be allowed their actual and
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17341775 necessary traveling expenses, upon cl aims approved by the
17351776 Commissioner.
17361777 3. Department of Correc tions:
17371778 The Department of Correct ions shall be exempt from limitations
17381779 of reimbursement for rented automobiles, as set forth in Section
17391780 500.5 of this title, when the rental is by a Correctional Offi cer or
17401781 Transportation Officer for the limited purpose of tr ansporting
17411782 inmates. Reimburseme nt for the expense shall be on the basis of
17421783 actual cost.
17431784 4. Oklahoma Tourism and Recreation Department:
17441785 The Oklahoma Tourism and Recreation C ommission and Departmen t
1745-staff who promote in-state and out-of-state business for Oklahoma's
1786+staff who promote in-state and out-of-state business for Oklahoma’s
17461787 state-operated or state-owned parks, lodges, and golf courses and
17471788 the tourism and recreation industry, may be reimbursed for the
17481789 actual and necessary expense of tr avel, subsistence and
17491790 entertainment for this purpose. The Executive Director of the
17501791 Oklahoma Tourism and Recreati on Department may reimburse the
17511792 Publisher of Oklahoma Today magazine and its staff for expenses for
17521793 meals and other entertainment in order to gain advertising and
17531794 promotion for Oklahoma Today magazine.
17541795 5. Oklahoma Departmen t of Commerce:
17551796 a. The actual and necessary expenses incurred by the
17561797 Director and other employees of the Department
17571798 authorized by the Director for the purpose of business
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17841826 recruitment shall be reimbu rsed. Reimbursement of
17851827 expenses shall be in accordance wit h rules adopted by
17861828 the Director of the Oklahoma Department of Commerce.
17871829 Expenses claimed shall, prior to reimbursement, be
17881830 reviewed by the Director and individually approved or
17891831 disapproved.
17901832 b. The Department, at the discretion of the Director, may
17911833 charter aircraft for the purposes of ca rrying out its
17921834 duties and responsibilities related to business
17931835 recruitment and performing the duties of the Director.
17941836 The cost of such charte r shall be exempt from the
17951837 provisions of Section 500.6 of this title. Claims
17961838 filed with the Office of Management and Enterprise
17971839 Services shall bear the following certification:
17981840 The best interests of the citizens of Oklahoma were
17991841 better served in that conv entional ground
18001842 transportation was not practical or feasible for this
18011843 trip, aircraft from the Department of Public Safety
18021844 were not available for this trip, and no other claim
18031845 has been or will be filed as a payment for the cost of
18041846 transportation in connecti on with this trip.
18051847 c. The Oklahoma Department of Commerce may reimburse the
18061848 Oklahoma Film and Music Office staff f or the actual
18071849 and necessary expenses for meals and other
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18341877 entertainment in order to promote the film and music
18351878 industries in this state. Reimb ursement of all actual
18361879 and necessary expenses shall be in accordance with
18371880 rules adopted by the Oklahoma Department of Commerce.
18381881 6. Office of Management and Enterprise Services:
18391882 The actual and necessary expenses of travel and subsistence
18401883 incurred by the Director, any state emplo yee approved by his or her
18411884 appointing authority, or state o fficials, for travel outside the
18421885 state in performance of duties related to bond financing shall be
18431886 reimbursed to the employee or state official incurring such
18441887 expenses. Reimbursement for lodging e xpenses shall be supported by
18451888 three telephone bids from hot els within a reasonable distance of the
18461889 activity for which the travel was approved.
18471890 7. Oklahoma Futures:
18481891 The actual and necessary expenses incurred by the members of
18491892 Oklahoma Futures in the perfor mance of their duties shall be
18501893 reimbursed to the members in curring such expenses. Reimburs ement of
18511894 all actual and necessary expenses shall be in accordance with rules
18521895 adopted by Oklahoma Futures.
18531896 8. Oklahoma Development Finance Aut hority:
18541897 The actual and necessary expenses incurred by the members and
18551898 employees of the Oklahoma Development Financ e Authority in the
18561899 performance of their duties shall be reimbursed to the person
18571900
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18831927 incurring such expenses. Reimbursement of all actual and nec essary
18841928 expenses shall be in accordance with the bylaws of the Authority.
18851929 9. Oklahoma Center for the Advancement o f Science and
18861930 Technology:
18871931 The actual and necessary expenses incurred by the members and
18881932 employees of the Oklahoma Center for the Advancement o f Science and
18891933 Technology in the performance of their duties shall be reimbursed to
18901934 the person incurring such expen ses. Reimbursement of all actual and
18911935 necessary expenses shall be in accordance with the bylaws of the
18921936 Center.
18931937 10. Center for International T rade Development:
18941938 The actual and necessary expenses of travel, lodging and
18951939 subsistence incurred by the Director an d authorized employees of the
18961940 Center for International Trade Development for performance of their
18971941 duties for the purpose of business recruitme nt and assistance shall
18981942 be reimbursed to the person incurring such expenses. Reim bursement
18991943 of such expenses shall be in accordance with the rules adopted by
19001944 the Director of the Center for International Trade Development.
19011945 Expenses claimed shall be reviewe d and individually appr oved or
19021946 disapproved, prior to reimbursement, first by the D irector, and
19031947 finally by either the Vice President, Business and Finance of
19041948 Oklahoma State University or the President of Oklahoma State
19051949 University.
19061950 11. Oklahoma State Bureau of Investigation:
19071951
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19331978 The actual and necessary expenses incurred by the Director and
19341979 other employees of the Bureau au thorized by the Director as a result
19351980 of conducting investigations shall be reimbursed to each such
19361981 employee incurring the expenses. Reimburse ment of the expenses
19371982 shall be in accordance with rules adopted by the Director of the
19381983 Oklahoma State Bureau of Inv estigation. Prior to reimbursement,
19391984 expenses claimed shall be reviewed by the Director and individually
19401985 approved or disapproved.
19411986 12. Department of Human Services:
19421987 a. The actual and necessary expenses of travel, lodging
19431988 and subsistence incurred by employe es of the Legal
19441989 Division in the performance of their duties for the
19451990 purpose of representing the Department of Human
19461991 Services or any of its off icials, employees,
19471992 institutions or hospitals at any proceeding including
19481993 depositions, held before any court, admin istrative
19491994 body or representative thereof, shall be reimbursed to
19501995 the employee incurring such expenses. Expenses
19511996 claimed shall be approved by the General Counsel and
19521997 the Director of Human Services prior to reimbursement.
19531998 b. The Department, at the discretio n of the Director, may
19541999 charter aircraft when determined by the Director such
19552000 charter would be more practical or less expensive than
19562001 normal modes of transportation an d when aircraft of
19572002
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19832029 the Department of Public Safety are unav ailable. The
19842030 costs of such charter shall be exempt from the
19852031 provisions of Section 500.6 of this title.
19862032 13. Oklahoma Health Care Authority:
19872033 The actual and necessary expenses of travel, lodging and
19882034 subsistence incurred by employees of the Legal Division in the
19892035 performance of their duties for the purpose of representing the
19902036 Authority or any of its officials or employees, at any proceeding
19912037 including depositions, held before any court, administrative b ody or
19922038 representative thereof, shall be reimbursed to the e mployee
19932039 incurring such expenses. Expenses claimed shall be approved by the
19942040 Administrator prior to reimbursement.
19952041 14. Oklahoma State Bureau of Narcotics and Dangerous Drugs
19962042 Control:
19972043 The actual and necessary expenses incurred by the Director and
19982044 other employees of the Bureau authorized b y the Director as a result
19992045 of conducting investigations shall be reimbursed to each employee
20002046 incurring the expenses. Reimbursement of the exp enses shall be in
20012047 accordance with rules adopted by the Director of the Oklahoma St ate
20022048 Bureau of Narcotics and Dang erous Drugs Control. Prior to
20032049 reimbursement, expenses claimed shall be reviewed by the Director
20042050 and individually approved or disapproved.
20052051 15. University Hospitals:
20062052
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20322079 The actual and necessary expenses of travel, lodging and
20332080 subsistence incurred by employees of the Legal Office in the
20342081 performance of their duties for the purpose of representing the
20352082 University Hospitals or any of its officials, empl oyees,
20362083 institutions or hospitals at any proceeding including depositions,
20372084 held before any court, administrative bo dy or representative
20382085 thereof, shall be reimbursed to the employee incurring such
20392086 expenses. Expenses shall be approved by the Chief Executive Officer
20402087 of the University Hospitals or by the University Hospitals
20412088 Authority.
20422089 16. Oklahoma Historical Society:
20432090 The actual and necessary expenses of travel, subsistence and
20442091 entertainment incurred by the Executive Director, Deputy Director
20452092 and any employees designated by the Exec utive Committee of the
20462093 Oklahoma Historical Society Board of Directors in pursuing and
20472094 developing programs and projects for the preservation and marketing
20482095 of Oklahoma history shall be reimbursed to the person incurring the
20492096 expenses. Reimbursement of expens es shall be in accordance with
20502097 rules adopted by the Oklahom a Historical Society Board of Di rectors.
20512098 Prior to reimbursement, expenses claimed shall be reviewed by the
20522099 Executive Committee at a regularly scheduled meeting and each clai m
20532100 shall be individually approved or disapproved.
20542101 17. The Oklahoma Department of M ines:
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20812129 The actual and necessary e xpenses of travel, lodging and
20822130 subsistence incurred by employees of the Department in the
20832131 performance of their duties for the purpose of repre senting the
20842132 Department or any of its officials or employees, at any proceeding,
20852133 hearing or meeting with federal ag encies, boards, commissions,
20862134 congressional representatives, congressional committees or staff,
20872135 shall be reimbursed to the employee incurring s uch expenses.
20882136 Expenses claimed shall be approved by the Executive Director prior
20892137 to reimbursement.
20902138 18. The Office of Attorney General:
20912139 The actual and necessary expenses of travel, lodging and
20922140 subsistence incurred by its employees in the performance of th eir
20932141 duties for the purpose of representing the state, the Legislature,
20942142 any state board, agency or commission, or a ny employee or official
20952143 of the state entitled to representation, at any proceeding including
20962144 depositions, held before any court, administrativ e body or any
20972145 representative thereof, and the actual and necessary expenses
20982146 incurred by employees as a result of c onducting investigations shall
20992147 be reimbursed to the employee incurring the expenses. The expenses
21002148 shall be approved by the Attorney General p rior to reimbursement.
21012149 19. District Attorneys Council:
21022150 The actual and necessary e xpenses of travel, lodging and
21032151 subsistence incurred by each district attorney and other employees
21042152 of the district attorney authorized by the district attorney in the
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21312180 performance of their duties for any district other than the district
21322181 for which they are em ployed for the purpose of repres enting the
21332182 state, any county, or any employee or official of the state entitled
21342183 to representation at any proceeding including depositions held
21352184 before any court, admi nistrative body or any representative of a
21362185 court or administrative body, and the actual and necessary expenses
21372186 incurred as a result of conducting investigations shall be
21382187 reimbursed to each employee incurring the expenses. Reimbursem ent
21392188 of the expenses shall be in accordance with rules adopted by the
21402189 District Attorneys Council. Prior to reimbur sement, expenses
21412190 claimed shall be reviewed by the Council and individually approved
21422191 or disapproved.
21432192 20. The Department of Securities:
21442193 The actual and necessary expen ses of travel, lodging and
21452194 subsistence incurred by the Admi nistrator and other employees of the
21462195 Department of Securities in the performance of their duties for the
21472196 purpose of representing the Department of Securities, at any
21482197 proceeding including deposition s, held before any court,
21492198 administrative body or any repres entative thereof, conducting on -
21502199 site examinations, or conducting investigations, shall be reimbursed
21512200 to each employee incurring the expenses. The expenses shall be
21522201 approved by the Administrator of the Department of Securities prior
21532202 to reimbursement.
21542203 21. Corporation Commission:
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21812231 The actual and necessary travel expenses incurred by the staff
21822232 of the Public Utility Division as a result of conducting audits
21832233 and/or reviews of utili ty service providers sh all be reimbursed to
21842234 each such employee incurring the expen se. Reimbursement of the
21852235 expenses shall be as set forth in procedures established by the
21862236 appointing authority.
21872237 22. The Department of Human Services:
21882238 Employees of the Depart ment of Human Services shall be
21892239 reimbursed for their actual and necessary expenses of travel,
21902240 lodging and subsiste nce incurred in the performance of their duties
21912241 for the purpose of escorting and transporting children or adults in
21922242 the care or custody of the Department:
21932243 a. for out-of-state visitation, care, treatment and
21942244 placement of a child welfare client,
21952245 b. for out-of-state treatment for or placement of an
21962246 adult protective services client,
21972247 c. for out-of-state treatment for or placement of a
21982248 resident of a state resource center, o r
21992249 d. for out-of-state treatment for or placement of an
22002250 individual with a developmental disa bility who is
22012251 living in the community in community residential
22022252 services.
22032253 Expenses claimed shall be approved by the appropriate Division
22042254 Administrator or Associate Di rector prior to reimbursement.
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22312282 23. The Banking Department:
22322283 The actual and necessary expens es of travel and lodging incurred
22332284 by the Commissioner and other employees of the Banking Department in
22342285 the performance of their duties for the Banking Department sha ll be
22352286 paid or reimbursed by the Banking Department to each employee
22362287 incurring the expenses. The expenses shall be approved by the
22372288 Banking Commissioner prior to payment or reimbursement.
22382289 24. Oklahoma Office of Homeland Security:
22392290 The actual and necessary e xpenses of travel, lodging, and
22402291 subsistence incurred by the Oklahoma Homeland Security Dire ctor, as
22412292 a result of the duties and responsibilities of the Director, shall
22422293 be paid or reimbursed by the Oklahoma Office of Homeland Security.
22432294 25. The Grand River D am Authority:
22442295 The actual and necessary expenses of travel a nd lodging incurred
22452296 by the Board of Directors and other employees of the district in the
22462297 performance of their duties for the Grand River Dam Authority shall
22472298 be paid or reimbursed by the district to each Director or employee
22482299 incurring the expenses. The exp enses shall be approved by the
22492300 General Manager of the Grand River Dam Authority prior to payment or
22502301 reimbursement.
22512302 26. The Native American Cultural and Educational Authority :
22522303 The actual and necess ary expenses incurred by the Directors and
22532304 employees of the Native American Cultural and Ed ucational Authority
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22802332 in performances of duties. The expenses shall be approved by the
22812333 Director prior to payment or reimbursement.
22822334 27. Oklahoma Department of Career and Technology Education:
22832335 The actual and necessary expenses incurred by the Director and
22842336 other employees of the Department, authorized by the Director, for
22852337 the purpose of business recruitment, training, and the provision of
22862338 technical assistance shall be re imbursed. Reimbursement of expenses
22872339 shall be in accordance with rules adopted by the State Board of
22882340 Career and Technology Education. Expenses claimed, prior to the
22892341 reimbursement, will be reviewed by the Board and individually
22902342 approved or disapproved.
22912343 C. The agencies listed in subsection B of this section shall be
22922344 required to report annually t he actual expenses excepted or exempted
22932345 from Sections 500.1 through 500.18 of this title to the Governor,
22942346 the President Pro Tempore of the Sen ate, and the Speaker of the
22952347 House of Representatives. The report shall be submitt ed no later
22962348 than the first day o f September following the end of each fiscal
22972349 year.
22982350 SECTION 11. AMENDATORY 74 O.S. 2021, Section 2202, is
22992351 amended to read as follows:
23002352 Section 2202. A. It shall be the purpose of the Commission and
23012353 the Department to:
23022354 1. Conserve and protect the parkland under the control of the
23032355 Commission;
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23302383 2. Oversee the operation and mainten ance of the state's lodges
23312384 and golf courses;
23322385 3. Promote tourism by publicity and dissemination of
23332386 information;
23342387 4. Assist in promotion of events sponsored by municipalities,
23352388 associations, and organizations commemorating sp ecial events of
23362389 local or historical interest;
23372390 5. Educate the public on the peo ple, places, events, cu lture,
23382391 and history of Oklahoma; and
23392392 6. Function in an advisory capacity to the Governor, State
23402393 Legislature, state agencies, municipalities, and to privat e
23412394 organizations on matters pertai ning to tourism and recreation.
23422395 B. The Commission Executive Director shall determine or set
23432396 policy for the Department and shall determine the broad plans and
23442397 programs necessary to accomplish the duties and responsibilities in
23452398 the Commission Department.
23462399 SECTION 12. AMENDATORY 74 O.S. 2021, Section 2205, is
23472400 amended to read as follows:
23482401 Section 2205. The Commission Executive Director shall prepare
23492402 and submit to the Governor and to the Legislature on the first day
23502403 of each legislative ses sion a report of the activities of the
23512404 Department, together with all information and data in the possession
23522405 of the Department as the Commission Executive Director shall deem of
23532406 value to the Governor, the Legislature and the people of the State
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23802434 of Oklahoma. Each report may contain recommendations for
23812435 legislation as the Commission Executive Director may deem necessary
23822436 to give full effect to all the provisions of the Oklahoma Tourism,
23832437 Parks and Recreation Enhancement Act .
23842438 SECTION 13. AMENDATORY 74 O.S. 2021, Section 2207, is
23852439 amended to read as follows :
23862440 Section 2207. Subject to the policies and rules of the
23872441 Commission, the The Executive Director shall:
23882442 1. Organize the Department in a manner to efficiently achieve
23892443 the objectives of the Commission Department;
23902444 2. Prepare and submit p lans for administering the programs of
23912445 the Commission Department;
23922446 3. Prepare a personnel schedule, employ personnel, define
23932447 duties, appoint technicians and consultants, and fix salaries or
23942448 compensation;
23952449 4. Administer all policies formulated and adopted b y the
23962450 Commission Department;
23972451 5. Enter into leases, grant easements and execute su ch
23982452 instruments as in the judgment of the Commission are necessary or
23992453 convenient to the exercise of those powers and duties of th e
24002454 Commission Department pursuant to the Oklahoma Tourism, Parks and
24012455 Recreation Enhancement Act. The Executive Director shall pr ovide a
24022456 monthly report to the Commission Department of actions taken as a
24032457 result of such delegation;
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24302485 6. Develop and implement a pay incentive plan for employees of
24312486 the Department. Incentive pay s hall not be included in the base
24322487 salary of an employee, and shall be based on the goals and
24332488 eligibility established by the Commission Executive Director on an
24342489 annual basis. Incentive pay shall not exceed ten percent (10%) of
24352490 the salary of each eligible employee or the total change in improved
24362491 financial performance for each facility over the previous fiscal
24372492 year. Such compensation shall not be subject to the requirements of
24382493 Section 840-2.17 of Title 74 of the Oklahoma Statutes this title.
24392494 The Commission Department shall promulgate rules for the
24402495 implementation of the plan; and
24412496 7. Authorize any division of the Department to sell advertising
24422497 in any of the publications of the division, on division property on
2443-which advertising is sold i n the tourism industry, or on its
2444-website,; provided that such advertising shall b e approved by the
2498+which advertising is sold i n the tourism industry, or on its web
2499+site, provided that such advertising shall b e approved by the
24452500 Division Director or designee prior to acceptance for publication.
24462501 The sale of advertising and negotiation of rates for the advertising
24472502 shall not be subject to the Central Purcha sing Act or the
24482503 Administrative Procedures Act.
24492504 SECTION 14. AMENDATORY 74 O.S. 2021, Section 2208, is
24502505 amended to read as follows :
24512506 Section 2208. The Executive Direct or may authorize the use of
24522507 revolving fund income for entertainment a nd promotion expenses of
2453-the Department,; provided that the expenses are directly related to
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24802536 business development for state -operated or state-owned facilities
24812537 and the furtherance of touris m in Oklahoma. In all cases, the
24822538 expenses shall be approved in advan ce by the Executive Director, be
24832539 audited by the fiscal offi cer for the Department on a monthly basis,
24842540 and submitted to the Commission as an item for information.
24852541 SECTION 15. AMENDATORY 74 O.S. 2021, Section 2210, is
24862542 amended to read as follows:
24872543 Section 2210. The Executive Director is hereby authorized to
24882544 employ an attorney as needed, within the total employee limit
24892545 authorized for the operation of the Department, on a full- or part-
24902546 time basis, to advise the Commission, the Executive Director and
24912547 other department personnel on legal matters and to appear for and
24922548 represent the Commission Department and the Executive Director in
24932549 administrative hearings and other legal acti ons and procedures
24942550 related to their officia l duties. Upon the reques t of the
24952551 Commission or the Executive Director, it shall be the duty of the
24962552 Office of the Attorney General to give an official opinion,
24972553 prosecute, and defend actions of the Commission or D epartment.
24982554 SECTION 16. AMENDATORY 74 O.S. 2021, Section 2211, is
24992555 amended to read as follows :
25002556 Section 2211. There are hereby created within the Oklahoma
25012557 Tourism and Recreation Department the Division of State Parks, the
25022558 Travel Promotion Division, "Oklahoma Today Magazine ", and the
25032559 Division of Administ rative Services; provided, however, the
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25302587 Commission Executive Director shall have authority, by resolution,
25312588 to create other divisions and may, by resolution, combine or abolish
25322589 any or all such divisions, as deemed to be necessary to c arry out
25332590 its duties under the Oklahoma Tourism, Parks and Recreation
25342591 Enhancement Act.
25352592 SECTION 17. AMENDATORY 74 O.S. 2021, Section 2212, is
25362593 amended to read as follows :
25372594 Section 2212. The Commission Department shall have the
25382595 authority to exercise the follow ing powers, rights and privileges
25392596 related to state parks:
25402597 1. Have the exclusive possession and control of, and to operate
25412598 and maintain for the benefit of the people of the State of Oklah oma
25422599 all state parks and all lands and other pr operties now or hereaft er
25432600 owned or leased by the state or Commission for park or r ecreational
25442601 purposes;
25452602 2. Acquire by purchase, exchange, lease, gift , condemnation, or
25462603 in any other manner and to maintain, use and operate any and all
25472604 property, real, person al or mixed, necessary or convenient to the
25482605 exercise of the powers, rights, privil eges and functions conferred
25492606 upon it by the Oklahoma Tourism, Parks and Recreation Enhancement
25502607 Act. Title to all such property shall be vested in the State of
25512608 Oklahoma, although such property is s ometimes herein referred to as
25522609 property "of the Commission Department". The power of condemnation
25532610 herein granted shall be exer cised in the manner p rovided by the
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25802638 general laws of the stat e for the condemnation of property by the
25812639 state;
25822640 3. Subject to the p rovisions of the Oklahoma Tourism, Parks and
25832641 Recreation Enhancement Act, from time to time lease, without
25842642 restriction as to ter m, any property which the Commission Department
25852643 shall determine to be necessary or convenient to more full y carry
25862644 into effect the duties and powers of said Commission Department; and
25872645 4. Acquire, conserve, protect, construct, extend, reduce,
25882646 improve, maintain and ope rate any and all facilities of a ll kinds
25892647 which in the judgment of the Commission Executive Director will
25902648 provide recreational or other facilities for the benefit of the
25912649 public, or which are necessary or convenient to the exercise of the
25922650 powers of the Commission Department.
25932651 SECTION 18. AMENDATORY 74 O.S. 2021, Section 2213, is
25942652 amended to read as foll ows:
25952653 Section 2213. The Commission Executive Director may contract
25962654 for the study, analysis, and planning as reasonably necessary to aid
25972655 in determining the feasibility of leasing, selling or privately
25982656 managing or developing the property or facilities under the control
25992657 of the Commission Department. The Commission Department shall be
26002658 exempt from the competitive bidding requirements of the Oklahoma
26012659 Central Purchasing Act for the purpose of so liciting, negotiating,
26022660 and effectuating such a contract or contracts.
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26292688 SECTION 19. AMENDATORY 74 O.S. 2021, Section 2214, is
26302689 amended to read as follows :
26312690 Section 2214. A. Any person, natural or corporate, who submits
26322691 a bid on a contract for work or services, or for the furnishin g of
26332692 materials, equipment, or supplies, or for the sale of any other
26342693 thing of value where a contract is involved, shall submit, at the
26352694 time of contract execution, a performance bond in such form and
26362695 amount as may be required by the Commission Executive Director, or
26372696 any existing statutory provision. Any lessee leasing any portion of
26382697 a state park, lake, or recrea tion area under the authority of any
26392698 law shall submit a performance bond in such form and amount as ma y
26402699 be required by the Commission Executive Director. All such bonds
26412700 shall be in such form as is approved by law for other perfor mance
26422701 bonds made to the State of Oklahoma, an d shall be deposited with the
26432702 Secretary of State. This section is cumulative to ex isting law, and
26442703 is intended to require perform ance security for contr acts and leases
26452704 involving state parks, lakes, and recreatio n areas in those
26462705 instances where no such bond s or other securities are presently
26472706 required by law.
26482707 B. For the purpose of this se ction, performance bonds shall
26492708 include, but not be limited to, cash p ayments, cashier's checks and
26502709 irrevocable letters of credit .
26512710 SECTION 20. AMENDATORY 74 O.S. 2021, Section 2215, is
26522711 amended to read as follows :
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26792739 Section 2215. The Division of State Parks shall, subject to the
26802740 policies and rules of the Commission Department:
26812741 1. Conserve, preserve, plan, super vise, construct, enlarge,
26822742 reduce, improve, maintain, equip and operate parkland and pub lic
26832743 recreation facilities including, but not limited to, lodges, cabins,
26842744 camping sites, scenic trails, picnic sites, golf courses, boating,
26852745 and swimming facilities under the jurisdiction and control of the
26862746 Commission. All facilities in state parks shall b e reasonably
26872747 necessary and useful in prom oting the public use of state parks and
26882748 shall be in accord with the r esource management plan for the
26892749 respective park;
26902750 2. Supervise the management and use of state properties and
26912751 facilities under the jurisdiction of the Commission Department, with
26922752 an emphasis on conserving, protecting, and enhancing the natural,
26932753 ecological, historic, cultural, and other resources contained in
26942754 each park and to provide for the public enjoyment of and access to
26952755 these resources in a manner which wi ll protect them for future
26962756 generations;
26972757 3. Formulate, establish, maintain, and periodically review with
26982758 public participation a resource management plan for e ach state park.
26992759 The resource management plan, upon approval by the Commission
27002760 Executive Director, shall be considere d a guide for the development,
27012761 utilization, protection, and management of the st ate park and its
27022762 natural, cultural, historic, and recreatio nal resources;
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27292790 4. Authorize those employees in the Park Manager job family
27302791 classification series, as established by the Office of Management
27312792 and Enterprise Services, to maintain administrative con trol over all
27322793 facilities, programs, operations, services, a nd employees in the
27332794 park to which they are assigned; and
27342795 5. Enforce the rules and policies governing the use of and
27352796 conduct of patrons in all recreational facilities and properties of
27362797 the Commission Department. The Commission Department may adopt
27372798 rules to lease concessions in any state -owned facility if the
27382799 Commission Department deems it feasible.
27392800 SECTION 21. AMENDATORY 74 O.S. 2021, Section 2216, is
27402801 amended to read as follo ws:
27412802 Section 2216. Park Rangers, subject to the policies of the
27422803 Commission Department, shall:
27432804 1. Obtain a commission as an officer or employee pursuant to
27442805 the certification specified in Section 3311 of Title 70 of the
27452806 Oklahoma Statutes and by the Division of State Parks;
27462807 2. Secure the parks and property of the D epartment and maintain
27472808 law and order therein;
27482809 3. Maintain the powers of peace officers except the serving or
27492810 execution of civil process, have in all parts of the state the s ame
27502811 powers with respect to criminal matters and enforcement of the laws
27512812 relating thereto as sheriffs, highway patrolmen and police officers
27522813 in their respective jurisdictions and possess all immunities and
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27792841 matters of defense now available or hereafter made available to
27802842 sheriffs, the highway patrol, and police officers in any suit
27812843 brought against them resulting from acts done in the course of their
27822844 employment;
27832845 4. Possess law enforcement jurisdiction over state pa rks,
27842846 including all facilities located therein;
27852847 5. Serve a probationary period of twelve (12) months. The
27862848 Division of State Par ks Director may extend the probationary period
27872849 for up to three (3) additional months provided that the employee and
27882850 the Office of Management and Enterprise Services are notif ied in
27892851 writing as to such action and the reasons therefor. At any time
27902852 during a probationary period the employment of a park ranger may be
27912853 terminated in accordance with Department procedure and at the
27922854 discretion of the Director of State Parks. Retention of the
27932855 employee, after expiration of the probationary period, shall entitle
27942856 the employee to be classified as a permanent employee;
27952857 6. Provide law enforcement protection and enforcement pursuant
27962858 to the terms of interlocal agreements authorized by the Commission
27972859 Department with other entities of government or federally recognized
27982860 tribes in the state; and
27992861 7. Remain in the Oklahoma Law Enforcement Retirement System if
28002862 promoted to the Park Manager job family classi fication series,
28012863 provided they maintain their certification specified in Section 3311
28022864 of Title 70 of the Oklahoma Statutes, perf orm the requisite training
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28292892 required by the Chief Park Ranger, and meet all other requirements,
28302893 policies, and rules of the Depart ment and laws of the state.
28312894 SECTION 22. AMENDATORY 74 O.S. 2021, Section 2219, is
28322895 amended to read as foll ows:
28332896 Section 2219. A. The Commission Department may offer for sale,
28342897 sell and execute oil and gas leases, and other mineral and mining
28352898 leases, on any of the lands of the state under the control an d
2836-supervision of the Commission, Department; provided, the development
2899+supervision of the Commission Department, provided, the development
28372900 of land for the purpose leased shall not unduly interfere with the
28382901 purpose for which the land is being used by the st ate.
28392902 B. The Commission Department may promulgate additional rules,
28402903 as are necessary and for the best interest o f the state to
28412904 facilitate the sale of the leases. The Chair of the Commission
28422905 Executive Director shall execute the leases for and on behalf of the
28432906 Commission Department, and the Chair Executive Director shall be
28442907 liable on the official bond for failure to faithfully disch arge such
28452908 duties. The sale of le ases shall be made upon the ba sis of a
28462909 retained royalty of not less than one -eighth (1/8) of all oil, gas,
28472910 casinghead gas, and other minerals produced from the land s covered
28482911 by the leases and any additional cash bonus procu red. Provided,
28492912 however, if the state owns less than one hundre d percent (100%) of
28502913 the oil, gas, casinghead gas and other minera ls covered by any such
28512914 lease, the royalty reta ined shall not be less than one-eighth (1/8)
28522915 of the mineral interest.
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28792943 C. All leases shall contain a provision that in the event of
28802944 the discovery of natural gas, the gas shall be furnished free of
28812945 charge to any state institution now or hereafter located up on the
28822946 lands covered by the lease. Leases shall be sold only after
28832947 advertisement for a period of three (3) weeks i n a legal newspaper
28842948 published and of general circulation in the county in which the
28852949 lands are located. A sale shall be made to the highest a nd best
28862950 bidder and all bids shall be in sealed envelopes which shall be
28872951 opened and considered at the same time. Th e Commission Department
28882952 may reject any and all bids and readvertise any leases for sale.
28892953 D. Revenues derived from the sale of oil and gas le ases and
28902954 other mineral leases shall be dedicated to the improvement of state
28912955 park facilities and property to include, but not limited to, the
28922956 conservation, protection, and rehabilitation of state parkland, the
28932957 preservation of historic properties under the jurisdiction of the
28942958 Commission Department, and master planning of state park prope rties.
28952959 SECTION 23. AMENDATORY 74 O.S. 2021, Section 2220, is
28962960 amended to read as follows :
28972961 Section 2220. A. The Commission Department may prescribe and
28982962 collect reasonable rat es and fees pursuant to the provisions of this
28992963 section for the services, facilities and commodities rendered by all
29002964 property of the Commission Department.
29012965 1. The Commission Department may establish maximum rates for
29022966 rooms at the state lodges and cabins, f or recreational activities,
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29292994 for recreational vehicle s and camping sites, and for community
29302995 facilities under control of the Commission Department. The method
29312996 whereby the rates are determi ned shall be promulgated pursuant to
29322997 Article I of the Administrative Procedures Act. At least twenty
29332998 (20) days prior to the adoption or approval of any rate changes by
29342999 the Commission, the Department shall submit a copy of the pro posed
29353000 rates, for informati onal purposes, to the Governor, Speaker of the
29363001 House of Representativ es and President Pro Tempore of the Senate.
29373002 Any change in the rates during the year when the Legislature is not
29383003 in session shall be reported in writing to the G overnor, Speaker of
29393004 the House of Representatives and President Pro Tempo re of the Senate
29403005 within five (5) business days of such Commission action.
29413006 2. The Commission Department may establish maximum charges for
29423007 all activities at state -owned golf courses. The charges may vary
29433008 among the different golf courses according to the pr actices of the
29443009 golf industry. The method whereby the maximum charges are
29453010 determined shall be in accordance with rules promulgated pursuant to
29463011 Article I of the Administrative Procedures Act. At least twenty
29473012 (20) days prior to the adoption or approval of a ny rate changes by
29483013 the Commission, the Department shall submit a copy of su ch proposed
29493014 charges, for informational purposes, to the Governor, Speaker of the
29503015 House of Representatives and President Pro Tempore of the Senate.
29513016 3. The Commission Department may establish entrance or d ay-use
29523017 charges for the state park system. All monie s collected from
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29793045 entrance or day-use charges shall be used at the state parks where
29803046 the charges were collected. The Commission Department may establish
29813047 an annual pass, or other var ied passes as appropria te to that park,
29823048 for visitors. The method whereby t he maximum charges are
29833049 determined, sold, and collected shall be in accordance with rules
29843050 promulgated pursuant to Article I of the Admin istrative Procedures
29853051 Act. At least twenty (20) days prior to the ado ption or approval of
29863052 any rate changes by the Commission, the Department shall submit a
29873053 copy of such proposed charges, for informational purposes, to the
29883054 Governor, Speaker of the House of Representatives and President Pro
29893055 Tempore of the Senate.
29903056 4. Fees shall be promulgated pursuant to Article I of the
29913057 Administrative Procedures Act.
29923058 5. Fees may reflect the seasonal usage of the parks and
29933059 facilities and for promotional purposes and goals.
29943060 B. All fees, licenses and other charges shall be posted in a
29953061 convenient place in each park. Every person using any of th e
29963062 facilities in a park shall be charged the same fees, licenses and
29973063 every other charge except:
29983064 1. Residents of this state sixty -two (62) years of age and over
29993065 and their spouses sha ll not be charged any a dmission fees for
30003066 entrance into any state -owned and -operated park. The Commission
30013067 Department may promulgate rules establishing different fees for
30023068 residents and nonresidents sixty -two (62) years of age and over.
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30293096 Identification may be established by prese ntation of proof of age,
30303097 residency, a state driver l icense, a state license for
30313098 identification only, birth certificate or any other form of
30323099 identification authorized by the Commission;
30333100 2. Individuals who have been certified as total ly disabled
30343101 under state or federal law and their spouses shall be entitled to a
30353102 fifty percent (50%) reduction of fees which apply to recreational -
30363103 use facilities;
30373104 3. Children's groups, volunteer groups as speci fied by the
30383105 Commission Department, or governmental entities that prov ide
30393106 beneficial services at the facility for which th e fee may be reduced
30403107 or waived; and
30413108 4. Special discount rates as authorized in this section may be
30423109 waived for individuals who are memb ers of a group being provided a
30433110 special group rate as allowed by law.
30443111 C. The failure to collect such fees, licenses and other charges
30453112 shall subject an employee of the Commission Department to a fine of
30463113 Twenty-five Dollars ($25.00) for each and every viola tion.
30473114 SECTION 24. AMENDATORY 74 O.S. 2021, Section 2221, is
30483115 amended to read as follows :
30493116 Section 2221. A. The Commission, through the Department, is
30503117 authorized to promote state -owned, -leased, or -operated facilities.
30513118 The Department may utilize specific promotion programs such as the
30523119 provision of complimentary rooms, package-rate plans, group rates,
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30793147 guest incentive sales programs, entertainment of prospective guests,
30803148 employee-information programs, golf promotional programs as well as
30813149 other sales and promotion programs considered acceptable in the
30823150 hospitality industry, in the travel industry, or the regional
30833151 magazine industry are approved as necessary advertising and
30843152 promotion expenses.
30853153 B. In order to best carry out the duties and resp onsibilities
30863154 of the Department and to serve the people of the state in the
30873155 promotion of tourism and tourism economic developme nt, the
30883156 Department may enter into partnerships for promotional programs and
30893157 projects with a private person, firm, corporation, org anization or
30903158 association. The Department may enter into contracts or agreements
30913159 under terms to be mutually agreed upon to car ry out the promotional
30923160 programs and projects, excluding the advertising contract by the
30933161 Department which utilizes the Tourism Prom otion Tax or acquisition
30943162 of land or buildings. The contracts or ag reements may be negotiated
30953163 and shall not be subject to the provisions of the Oklahoma Central
30963164 Purchasing Act or the Public Competitive Bidding Act of 1974.
30973165 C. All contracts or agreements e ntered into as partnerships for
30983166 promotional projects or programs by the Department shall be approved
30993167 by the Commission Executive Director.
31003168 SECTION 25. AMENDATORY 74 O.S. 2021, Section 2222, is
31013169 amended to read as follows :
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31283197 Section 2222. A. The Commission Department may sell real
31293198 estate owned by the State of Oklahoma or the Department that is
31303199 surplus to its use and under the jurisdiction of the Commission
31313200 Department located within McCurtain County and situated within the
31323201 Cedar Creek area of Hochatown State Park.
31333202 B. The Commission and Department shall not be subject to the
31343203 provisions of Section 129.4 327 of Title 74 61 of the Oklahoma
31353204 Statutes for the sale. All monies received fr om the sale of the
31363205 property, except those monies nece ssary to pay the expenses incurred
31373206 pursuant to the sale, shall be depos ited in the Oklahoma Tourism and
31383207 Recreation Department Revolving Fund 215 ( "215 Fund"). Revenue
31393208 derived from such real estate sale deposited to the fund shall be
31403209 utilized for the benef it of Hochatown State Park or Beaver s Bend
31413210 State Park. Such real estat e sale shall not be subject to the
31423211 provisions of Sectio n 456.7 of Title 74 of the Oklahoma Statutes
31433212 this title.
31443213 SECTION 26. AMENDATORY 74 O.S. 2021, Section 2223, is
31453214 amended to read as follows:
31463215 Section 2223. A. The Commission Department may sell real
31473216 estate and personal property owned or acquired by the State of
31483217 Oklahoma or the Departmen t, now or in the future, and under the
31493218 jurisdiction of the Commission located within Marshall County and
31503219 situated within Texoma State Park.
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31773247 B. The sale of real estate and personal property authorized
31783248 pursuant to subsection A of this section shall be subje ct to all
31793249 existing easements and reservations o f record. The Commission or
31803250 Department shall transfer any interests held inc luding, but not
31813251 limited to licenses, operating permits and leasehold interests to a
31823252 subsequent purchaser.
31833253 C. The Commission and Department shall not be subject to the
31843254 provisions of Section 129.4 of Title 74 Section 327 of Title 61 of
31853255 the Oklahoma Statutes for such sale. All mon ies received from the
31863256 sale of these properties, except t hose monies necessary to pay the
31873257 expenses incurred pursuant to the sale, sha ll be deposited in the
31883258 Oklahoma Tourism and Rec reation Department Revolving Fund 215 ("215
31893259 Fund"). Revenue derived from suc h real estate and personal property
31903260 sale deposited to th e fund shall be utilized for the benefit of the
31913261 state park system. Such rea l estate and personal property sale
31923262 shall not be subject to the provisions of Section 456.7 of Title 74
31933263 of the Oklahoma Stat utes this title.
31943264 D. For every developed acre of land co ntaining recreational
31953265 vehicle campgrounds and other campgrounds that is sold pursuant t o
31963266 this section, an equivalent amount of repl acement land shall be
31973267 selected by the Oklahoma Tourism and Recreation Department in a
31983268 suitable area at Lake Texoma or in the vicinity, and developed to
31993269 provide comparable outdoor public recreation facilities for
32003270 operation as part of the Oklahoma state park system.
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32273298 SECTION 27. AMENDATORY 74 O.S. 2021, Section 2224, is
32283299 amended to read as follows :
32293300 Section 2224. The Commission Department may transfer to any
32303301 city, county, or other agency of government, which is a willing
32313302 recipient, its interest in real and pe rsonal property owned by the
32323303 State of Oklahoma or the Department and operated and maintained
32333304 under the jurisdiction of the Commission Department. Such real
32343305 estate transfers shall not be subject to Section 456.7 or 129.4 of
32353306 Title 74 this title or Section 327 of Title 61 of the Oklahoma
32363307 Statutes or any provision of state law relative to disposition of
32373308 real estate. Such real estate transfers shall be subject to the
32383309 following provisions:
32393310 1. The city, county or other agency recipient shal l agree to
32403311 accept the interest transferred by the state, accept respo nsibility
32413312 for the property, and use the real esta te for public recreation
32423313 purposes in accordance with the Land and Water Conservation Fund Act
32433314 of 1965, Public Law 88 -578, 78 U.S.C., Section 897;
32443315 2. The city, county or other agency recipient shall not disp ose
32453316 of the property unless substitute property is provided that is
32463317 equivalent in value and usefulness;
32473318 3. The Commission Department shall transfer the property to the
32483319 recipient by quit claim deed or other instrument as may be
32493320 appropriate;
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32763348 4. The consideration for the property transfer shall be the
32773349 agreement of the recipient to continue public recreation use of the
32783350 property and to manage the property without an operating subsidy
32793351 from the Department or Commission;
32803352 5. The real estate transfer shall be subje ct to all existing
32813353 easements and reservations of record; and
32823354 6. The Commission Executive Director shall provide written
32833355 notice to the President Pro Tempore of the Senate and the Speaker of
32843356 the House of Representatives detailing any such proposed transfer
32853357 agreement to be entered into pursuant to this sec tion no later than
32863358 thirty (30) days prior to the first day of the legislative session.
32873359 The Commission Department shall approve such propo sed transfer
32883360 during the legislative session to be effective at the be ginning of
32893361 the next fiscal year, contingent upon the approval of the proposed
32903362 transfer by the Legislature.
32913363 SECTION 28. AMENDATORY 74 O.S. 2021, Section 2225, is
32923364 amended to read as follows:
32933365 Section 2225. A. The Oklahoma Tourism and Recreation
32943366 Commission Department is encouraged to explore the potential
32953367 benefits of not-for-profit foundations for support of state parks.
32963368 Such support from a not -for-profit foundation shall not substitute
32973369 for the obligation of the state to support the na tural resources
32983370 infrastructure of the state, but shall serve only as a supplement to
32993371 state funding and as a means to further assist the Oklahoma Tourism
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33263399 and Recreation Depar tment in preserving the natural resources and
33273400 historical, educational, and cultural facilities of significance in
33283401 the state.
33293402 B. There is hereby authorized the establishment of a not -for-
33303403 profit state park foundation for the purpose of encouraging
33313404 contributions by private individuals, companies, foundations,
33323405 corporations, and others in th e private and public sectors.
33333406 Contributions shall be utilized for the support, preservation, and
33343407 development of state park properties. This support, preservation,
33353408 and development shall include, but is not limited to, preservation
33363409 of historic facilities, development of educational and interpretive
33373410 programs, materials, and other means of support.
33383411 C. As used in this section, a "state park foundation " means any
33393412 company, trust, corporation, or association:
33403413 1. That solicits money or property in the name of an y state
33413414 park under the jurisdiction of the Co mmission; and
33423415 2. Which is exempt from federal income taxes.
33433416 D. The Commission Department may refuse to accept any grant,
33443417 award, or donation of real or personal property offered by or
33453418 through a state park found ation.
33463419 E. No employee of the Department shal l be a voting member of a
33473420 state park foundation board. Members of the Commission may serve on
33483421 the board of a state park foundation, but sh all not constitute a
33493422 majority of the members of the board of the foundat ion. No member
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33763450 of the Commission serving on the board or an employee of the
33773451 Department serving as an ex officio member of the board shall be
33783452 compensated by the foundation for service as a member of the
33793453 foundation board.
33803454 F. A state park foundation created pursuant to this section
33813455 shall not be an entity of state government. No state funds shall be
33823456 deposited in any account owned or controlled by a state park
33833457 foundation.
33843458 SECTION 29. AMENDATORY 74 O.S. 2021, Section 2226, is
33853459 amended to read as follows:
33863460 Section 2226. The Oklahoma Transportation Commission shall
33873461 construct, maintain and repair those roads and parking areas in
33883462 state parks as specified by the Commission Executive Director.
33893463 SECTION 30. AMENDATORY 74 O.S. 2021, Section 2228, is
33903464 amended to read as fo llows:
33913465 Section 2228. The Oklahoma Wildlife Conservation Commission and
33923466 the Oklahoma Tourism and Recreation Commission Department may
33933467 authorize, by written agreement or agreements between the
33943468 Commissions Commission and Department, hunting in designated state
33953469 parks or designated portions of state parks under the administrative
33963470 control of the Oklahoma Tourism and Recreation Commission
33973471 Department, excluding Lake Murray St ate Park. The agreement or
33983472 agreements shall be made with the advice of the Attorney General 's
33993473 office and shall contain the duration, terms and conditions of the
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34263501 hunting authorization, a list of species to be hunted and permitted
34273502 firearms, a map designatin g the specific land areas to be open to
34283503 hunting and shall provide for the administration of the designated
34293504 area or areas by the Oklahoma Wildlife Conservation Commission for
34303505 so long as hunting is authorized under the provisions of the
34313506 agreement or agreemen ts. All areas to be open to hunting shall b e
34323507 clearly marked by signs to designate the open and closed areas.
34333508 SECTION 31. AMENDATORY 74 O.S. 2021, Section 2229, is
34343509 amended to read as follows :
34353510 Section 2229. The Commission Executive Director is authorized
34363511 to negotiate with the duly constituted authorities of the municipal
34373512 corporation of Davis, in Murray County, to purchase from the
34383513 municipal corporation the property now owned by it and known as
34393514 Turner Falls, and other contiguous proper ties in Murray County, for
34403515 a state park, provided that said municipal authorities shall, by
34413516 resolution, declare said property no longer suitable for municipal
34423517 park purposes and beyond the fiscal means of the corp oration
34433518 properly to maintain as such. In the event of said purchase, the
34443519 property shall be known as Turner Falls State Park.
34453520 SECTION 32. AMENDATORY 74 O.S. 2021, Section 2232, is
34463521 amended to read as follows :
34473522 Section 2232. The Commission, through the Department, may
34483523 sponsor, promote and implement an annual statewide tou rism and
34493524 recreation industry conference to promote the tourism and recreation
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34763552 industry. The Department is authorized to partner with private
34773553 entities for the administration and execution of the conference.
34783554 The Department is hereby authorized to charge re gistration and
34793555 exhibit space fees necessary to cove r the costs of the conference
34803556 and shall deposit the fees plus any other conference proceeds,
34813557 including donated funds, into an agency spe cial account to be
34823558 created by the Special Agency Account Board. Expe nditure of monies
34833559 from the agency special account s hall be for purposes incidental to
34843560 the tourism and recre ation industry conference , and be approved by
34853561 the Commission Executive Director.
34863562 SECTION 33. AMENDATORY 74 O.S. 2021, Section 2234, is
34873563 amended to read as follows:
34883564 Section 2234. A. The Department, with the approval of the
34893565 Commission Executive Director, shall develop rules to administer any
34903566 of the matching funds derived from the Departm ent for the allowable
34913567 expenditures of multic ounty organizations. The rules shall be
34923568 developed in accordance with this section and shall be adopted by
34933569 the Commission Department. As used in the Oklahoma Tourism, Parks
34943570 and Recreation Enhancement Act:
34953571 1. "Multicounty organization" means a nonprofit organization
34963572 which satisfies the following requireme nts:
34973573 a. its primary purpose is to promote the tourism
34983574 attributes of a multiple -county region which is
34993575 identified as a tourism "country" or "lake" area, or
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35263603 any other organization participating in the matching
35273604 funds program on July 1, 2001,
35283605 b. it is governed by a board of directors elected by the
35293606 membership of the organization,
35303607 c. it is governed by a board of directors which equitably
35313608 represents the counties within the multiple-county
35323609 region,
35333610 d. it has an administrator of operations position who is
35343611 not an elected director,
35353612 e. it utilizes income from private sector sources as the
35363613 basis for funding its administrative and promotion
35373614 expenses, and
35383615 f. it has provided to the Department an independent and
35393616 certified financial audit for the preceding fiscal
35403617 year;
35413618 2. "Administrative expenditure " means expenditures for the
35423619 administration of fund raising and tourism promotion.
35433620 Administrative expenditures shall include salaries, payroll taxes,
35443621 insurance, personal services contracts, travel expenses not to
35453622 exceed the amounts provided in the State Travel Reimbursement Act,
35463623 rent, lease or purchase of facilities, office supplies, telephone
35473624 and electronic commu nications and multicounty organization audit
35483625 costs;
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35753653 3. "Allowable expenditures" means expenditures by a multicounty
35763654 organization submitted to the Department for matching funds in
35773655 accordance with the provisions of this section and the rules
35783656 promulgated by the Commission Department;
35793657 4. "Discretionary expenditure" means those expenditures by
35803658 multicounty organizations for which ma tching funds are not
35813659 requested. Discretionary expenditures are not subject to the
35823660 limiting provisions of this section and the rule s promulgated by the
35833661 Commission Department;
35843662 5. "Independent and certified audit" means a financial audit
35853663 performed in accordance with G enerally Accepted Government Auditing
35863664 Standards, issued by the Comptroller General of the United States.
35873665 The scope of the audit sh all, at a minimum, consis t of a statement
35883666 of revenue and expenditures and shall include the specific
35893667 requirements identified in this section and the rules promulgated by
35903668 the Commission Department; and
35913669 6. "Tourism promotion expenditure " means an expenditure for the
35923670 preparation, printing, publication and distribution of media
35933671 advertising in brochures, news and publicity materials , travel
35943672 posters, mailing pieces, newspapers, magazines, television, radio,
35953673 billboards, advertising and promotional specialties, ex hibit space
35963674 and displays at trade shows and conventions and the expenses for
35973675 operating such exhibits, including travel expens es, not to exceed
35983676 amounts provided for in the State Travel Reimbursement Act , the cost
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36253704 of a travel writer, travel agent, tour broke r and tour operator
36263705 familiarization tours into the State of Oklahoma, and registration
36273706 fees for an annual tourism and recreat ion industry conference with
36283707 the purpose of attracting tourists or generating travel or tourism
36293708 activity within the state or multic ounty organization areas. The
36303709 amount expended within the multicounty organization area for tourism
36313710 promotion shall not excee d fifty percent (50%) of the total of
36323711 allowable expenditures and allocated matching funds.
36333712 B. It is the intent of the Legislature to encourage the
36343713 promotion of tourism by multicounty organizations in cooperation
36353714 with the statewide program of the Department. Allowable
36363715 administrative expenditures by multicounty organizations shall not
36373716 exceed forty percent (40%) of the lesser of either the total amount
36383717 allocated, including reallocations, to the organization from
36393718 appropriations made by the Legislature or the total of the matched
36403719 expenditures. The limitation on administrative expenditures applies
36413720 only to those expenditures submitted for matching with state-
36423721 appropriated funds.
36433722 C. With the exception of those organizations identified as
36443723 "country" or "lake" associations participating in the matching funds
36453724 program on July 1, 2001, not more than one organization representing
36463725 a recognized "country" or "lake" area shall be eligible to receive
36473726 matching funds.
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36743754 D. Matching funds for the allowable expenditures shall be b ased
36753755 upon actual expenditures by the multicounty organization less any
36763756 discount, refund, or rebate to the multicounty organization.
36773757 Multicounty organizatio ns shall use a State of Oklahoma Notarized
36783758 Claim Form with all applicable statements and affidavits to request
36793759 matching funds for the allowable expenditures.
36803760 E. In order for a multicounty organization to receive matching
36813761 funds for expenditures incurred to publish and distribute a
36823762 promotional periodical emphasizing the attractions, landmarks,
36833763 activities, geographical features and other characteristics of
36843764 counties within the multicounty organization 's area of
36853765 responsibility, the mult icounty organization shal l be subject to the
36863766 following requirements:
36873767 1. Maintain an account with a financial institution sub ject to
36883768 the regulatory control of a state or federal financial regulatory
36893769 entity for the deposit and withdrawal of all funds collec ted by or
36903770 on behalf of the multicounty organization;
36913771 2. Prepare an annual Statement of Income and Expense showing
36923772 all deposits to the account maintained with the financial
36933773 institution and all withdrawals from the account with the financial
36943774 institution for the period covered by th e annual income and expense
36953775 statement;
36963776 3. May enter into a contract with a person or legally organi zed
36973777 business entity for the solicitation of advertising revenue in a
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37243805 promotional periodical publication and for the publication and
37253806 distribution of the peri odical emphasizing the attributes of sites,
37263807 scenes, businesses and attractions located within the ar ea for which
37273808 the multicounty organization is responsible if:
37283809 a. the person or legally organized business entity
37293810 provides a detailed written disclosure to th e
37303811 multicounty organization of its actual costs incurred
37313812 in performance of the contract on a periodic basis
37323813 during the period prescribed in the contract for
37333814 performance which disclosure shall be at least
37343815 quarterly,
37353816 b. the multicounty organization ensures th at the actual
37363817 cost of publication for the promotional periodical is
37373818 printed in at least 10 -point type somewhere in the
37383819 body of the publication,
37393820 c. the multicounty organization ensures that the person
37403821 or legally organized business e ntity performing
37413822 services on behalf of the multicounty organization
37423823 identifies to the multicounty organization each
37433824 purchaser of advertising in the multicounty
37443825 organization promotional periodical, the amount of
37453826 money paid for advertising in the promotional
37463827 periodical, and the size or other relevant
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37733855 characteristics of the material purchased for
37743856 publication in the promotional peri odical,
37753857 d. the person or legally organized business entity
37763858 soliciting advertising revenue may not advance or
37773859 deposit their own fund s as a means of securing
37783860 matching state funds, and such acts shall be deemed as
37793861 fraud, subject to prosecution, and
37803862 e. the multicounty organization and the person or legally
37813863 organized business entity acting on behalf of the
37823864 multicounty organization both exe cute a statement,
37833865 upon a form to be prescribed by the State Auditor and
37843866 Inspector, under oath, that any funds being requested
37853867 from the Department for matching of an allowable
37863868 expenditure as authorized by this section represent an
37873869 amount of money equal to a n amount of money that ha s
37883870 previously been deposited into the account maintained
37893871 by the multicounty organization as of the da te the
37903872 request for matching funds is made. The statement
37913873 shall include the identity of each purchaser of
37923874 advertising in the multic ounty organization
37933875 promotional periodical and the amount of money paid
37943876 for advertising in the periodical together with the
37953877 other information required by subparagraph c of this
37963878 paragraph. The statement shall also include a
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38233906 verification that the funds colle cted by or on behalf
38243907 of the multicounty organization were expended for:
38253908 (1) a legitimate operational expense of the
38263909 multicounty organization,
38273910 (2) the purpose of obtaining matching funds as
38283911 authorized by this section, or
38293912 (3) a promotional event sponsored, c onducted or
38303913 organized by the multicounty organization for
38313914 attracting attention to a specific location or
38323915 occasion in furthera nce of a purpose of the
38333916 multicounty organization.
38343917 F. 1. Each multicounty organization shall prepare and submit
38353918 appropriate plans, including a budget work program, for the ensuing
38363919 fiscal year to the Commission Department. Expenditures for
38373920 obligations incurred before the Commission Department approves the
38383921 multicounty organizations ' plans and budget work programs and any
38393922 changes thereto, and expenditures not in accordance with the
38403923 multicounty organizations' plans and budget work programs, shall not
38413924 be allowable expenditures. The approval by the Commission
38423925 Department of a multicounty organization budget work program
38433926 constitutes a firm commitment of the multi county organization's
38443927 appropriated funds, subject to any fiscal year limitation, exc ept
38453928 that the Commission Department may reallocate unobligated funds as
38463929 provided by law.
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38733957 2. Any funds collected on behalf of the multicounty
38743958 organization for advertisements in the promotional periodical shall
38753959 be paid to the multicounty organization within twenty (20) working
38763960 days after collection by any entity acting on behalf of the
38773961 multicounty organization for solicitation of advertising revenue.
38783962 The multicounty organizat ion shall deposit any funds paid to it
38793963 within five (5) working days of receipt .
38803964 G. Each multicounty organization shall be required to submit an
38813965 annual independent and certified audit of the multicounty
38823966 organization. The audits shal l encompass all funds a vailable to the
38833967 multicounty organization. The audit report shall include a
38843968 statement of Income and Expense and, at a minimum, encompass all
38853969 monies received by the multicounty organization and all matched
38863970 expenditures reimbursed to t he multicounty organiza tion. Revenue
38873971 reported shall include all advertising revenue received and define
38883972 all other individual sources of revenue. The names and addresses of
38893973 and amounts received from each advertiser shall be included as an
38903974 unaudited supplemental schedule to the audit report.
38913975 H. The person or entity engaged to perform the audit required
38923976 by subsection G of this section shall:
38933977 1. Not be the same person or entity that performs bookkeeping,
38943978 controllership or management functions, or other acco unting services
38953979 for the multicounty organization;
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39224007 2. Be registered with the Oklahoma Accountancy Board and
39234008 possess a license to practice; and
39244009 3. File a copy of the audit performed on behalf of a
39254010 multicounty organization with the State Auditor and Inspect or.
39264011 I. Failure to submit an audit report shall be cause for
39274012 withholding of matching funds to a multicounty organization. Audit
39284013 reports showing matching by any amount in excess of the allowable
39294014 expenditures, matching for unallowable expenditures, or
39304015 noncompliance with statutes, procedures prescribed herein, or in
39314016 rules promulgated by the Commission Department shall be cause for
39324017 withholding of matching funds until such time as restitution is made
39334018 to the Department.
39344019 J. The State Auditor and Inspector shall conduct an office
39354020 examination of the audits filed pursuant to paragraph 3 of
39364021 subsection H of this section on an annual basis. The examination
39374022 shall include analysis of the quality of the audit performed and
39384023 shall include written recommendations for modifi cations in future
39394024 audits conducted on behalf of a multicounty organization.
39404025 SECTION 34. AMENDATORY 74 O.S. 2021, Section 2240, is
39414026 amended to read as follows :
39424027 Section 2240. A. The Oklahoma Tourism and Recreation
39434028 Department shall est ablish a cost and reven ue reporting system for
39444029 all budget activities and subactivities of the Depa rtment.
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39714057 B. 1. The State Auditor and Inspector or a designated agent of
39724058 the State Auditor and Inspector shall perform an independent audit
39734059 of the Department annually. The audit s hall be conducted in
39744060 accordance with the Generally Accepted Government Audit ing Standards
39754061 as issued by the Comptroller General of the United States. The cost
39764062 of the audit shall be borne by the Depa rtment.
39774063 2. Matters to be considered in determining the ty pes of
39784064 activities to be audited and the scope of the audit shall be based
39794065 on an analysis of:
39804066 a. the date and results of prior audits, reviews, and/or
39814067 independent studies,
39824068 b. financial exposure,
39834069 c. potential loss and risk,
39844070 d. requests by the Commission and/ or executive management
39854071 of the Department,
39864072 e. major changes in operations, p rograms, systems, and
39874073 controls, and
39884074 f. opportunities to achieve operating benefits.
39894075 The audit may be conducted in accordan ce with Section 213.2 of
39904076 Title 74 of the Oklahoma Statutes this title.
39914077 3. The internal auditors of the Department shall conduct
39924078 internal audits of Department facilities and programs pursuant to
39934079 the provisions of Section 228 of Title 74 of the Oklahoma Statutes
39944080 this title.
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40214108 4. The audits required by this section shall be completed on or
40224109 before December 31 of each year and shall, upon distribution, become
40234110 public record.
40244111 C. Any person who intentionally alters or destroys records
40254112 needed for the performance of an audit as provided for in this
40264113 section or intentionally causes or directs a subordinate to do such
40274114 acts, shall be subject to immediate removal from offic e or
40284115 employment.
40294116 D. The Commission Executive Director shall provide notice to
40304117 Department employees affected by this secti on of the prohibited acts
40314118 and the penalties pursuant to the provisions of this section.
40324119 SECTION 35. AMENDATORY 74 O.S. 2021, Section 2243, is
40334120 amended to read as follows :
40344121 Section 2243. Expenditure of funds for all purchases in excess
40354122 of Fifty Thousand Dollars ($50,000. 00) shall not be contracted
40364123 except upon approval of a majority of the Oklahoma Tourism and
40374124 Recreation Commission Department. The amount exempted by paragraph
40384125 1 of subsection A of Section 85.7 of this title shall apply to each
40394126 separate department facility as identified by the annual budget
40404127 submitted to the Office of Management and Enterprise Services
40414128 pursuant to Section 34.42 of Title 62 of the Oklahoma Statutes.
40424129 SECTION 36. AMENDATORY 74 O.S. 2021, Section 2244, is
40434130 amended to read as follows:
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40704158 Section 2244. A. The Department shall be exempt from any
40714159 provision of Sections 85.1 th rough 85.45k of this title requiring
40724160 purchases to be made pursuant to a statewide contract for individual
40734161 purchases of less than Two Thousand Five Hundred Dollars ($2,500.00)
40744162 when the following conditions are met:
40754163 1. The Department documents a cost saving s to the state
40764164 resulting from the purchase of the item(s) from a vendor not on the
40774165 statewide contract;
40784166 2. The exempted purchase is made in the county where the
40794167 purchasing facility, as identified in subsection B of this section,
40804168 is located or in an adjacen t county; and
40814169 3. The exempted purchase is approved by the Executive Director
40824170 or a designee prior to the purchase.
40834171 B. The Commission Department shall promulgate rules,
40844172 procedures, and forms necessary to adequately document the dollar
40854173 savings resulting fro m the application of this section.
40864174 C. The exemption provided for in this section shall apply to
40874175 individual department entities identified by the annual budget
40884176 submitted to the Office of Management and Enterprise Services.
40894177 D. The Department shall not be r equired to purchase furniture,
40904178 fixtures and equipment, and soft goods associated with the decor of
40914179 the state parks, lodges, golf , and tourism information center
40924180 facilities from Oklahoma prisons or reformatories.
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41194208 E. Nothing in this section shall be constru ed to authorize bid
41204209 splitting as prohibited by The Oklahoma Central Purchasing Act.
41214210 SECTION 37. AMENDATORY 74 O.S. 2021, Section 2245, is
41224211 amended to read as follows:
41234212 Section 2245. A. The Department may place uncollectible
41244213 accounts receivable in a special account for accounting and
41254214 budgetary purposes. An "uncollectible account receivable " shall
41264215 have been uncollectible or due for at least one (1) year and possess
41274216 at least one of the following characteristics:
41284217 1. The debtor has been discharged from bankruptcy or is
41294218 insolvent;
41304219 2. The debtor cannot be found or is deceased; or
41314220 3. A collection agency has indica ted its inability to collect
41324221 the debt.
41334222 B. If uncollectible accounts receivable are placed in a special
41344223 account, the following p rocedures shall be observed:
41354224 1. The proposed uncollectible accounts shall be forwarded to
41364225 the Department by the appropriate div isions. The Department shall
41374226 then submit the accounts to the Commission Department and to the
41384227 State Auditor and Inspect or once each fiscal year for placement into
41394228 the special uncollectible account; and
41404229 2. The Commission Executive Director and the State Auditor and
41414230 Inspector shall certify those accounts which meet the requirements
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41684258 of this section as "uncollectible accounts receivable" and shall
41694259 place those accounts in the special account created by this section.
41704260 C. The special uncollectible accoun ts receivable account shall
41714261 not be used for budgetary purposes in determining the assets of the
41724262 Department or any of its divisio ns. The Department shall take all
41734263 reasonable steps to collect all accounts, including those placed in
41744264 the special account by op eration of this section.
41754265 SECTION 38. AMENDATORY 74 O.S. 2021, Section 2248, is
41764266 amended to read as follows :
41774267 Section 2248. The State Treasurer of Oklahoma shall be ex
41784268 officio Treasurer of the Commission Department for all purposes of
41794269 the Oklahoma Tourism, Parks and Recreation Enhancement Act. All
41804270 official action taken by the Commission Department shall be taken
41814271 through the adoption of appropriate resolutions.
41824272 SECTION 39. AMENDATORY 74 O.S. 2021, Section 2249, is
41834273 amended to read as follows:
41844274 Section 2249. The monies of the Commission Department, except
41854275 monies appropriated by the Legislatu re, shall be disbursed only by
41864276 checks, drafts, orders or other instruments signed by such pers ons
41874277 as shall be authorized to sign the same by the bylaws or by
41884278 appropriate resolution. The general manager, if any, Executive
41894279 Director and all other officers, a gents and employees of the
41904280 Commission Department who shall be charged with the collection,
41914281 custody, or payment of any funds of t he Commission Department shall
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42184309 give bond conditioned on the faithful performance of their duties
42194310 and an accounting for all funds and properties of the Commission
42204311 Department coming into their respective hands . Each bond, or if a
42214312 blanket bond shall be presc ribed, shall be in a form, amount, and
42224313 with a surety approved by the Commission Executive Director, and the
42234314 premiums on the bonds shall be paid by the Commission Department and
42244315 charged as an operating expense.
42254316 SECTION 40. AMENDATORY 74 O.S. 2021, Section 2250, is
42264317 amended to read as follows:
42274318 Section 2250. The Commission Department shall keep complete and
42284319 accurate accounts of all transactions and affairs of the Commission
42294320 Department, conforming to approved methods of bookkeeping. Such
42304321 accounts and the contracts, documents and records of the Commission
42314322 Department shall be kept at its principal office and shall be open
42324323 to public inspection at all reasonable times.
42334324 SECTION 41. AMENDATORY 74 O.S. 2021, Section 2251, is
42344325 amended to read as follows:
42354326 Section 2251. There is hereby created in the State Treasury a
42364327 revolving fund for the Department to be designated the "Oklahoma
42374328 Tourism and Recreation Department Revolving Fund ". The fund shall
42384329 consist of all monies received by the Department pursuant to the
42394330 provisions of this act, monies derived from the sale or conveyance
42404331 of real property under the jurisdiction of the Commission
42414332 Department, and interest attributable to investment of money in the
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42684360 fund. The revolving fund shall be a continuing fund not subject to
42694361 fiscal year limitations and shall be under the administrative
42704362 direction of the Departmen t. Expenditures from the fund created by
42714363 this section shall be for the administration, operation, and
42724364 maintenance expenses of the Department, for purchase of real
42734365 property, and shall be made pursuant to the laws of this state and
42744366 the statutes relating to the Department. Expenditures from said
42754367 fund shall be made upon warrants issued by the State Treasurer
42764368 against claims filed as prescribed by law with the Director of the
42774369 Office of Management and Enterprise Services for approval and
42784370 payment.
42794371 SECTION 42. AMENDATORY 74 O.S. 2021, Section 2253, is
42804372 amended to read as follows :
42814373 Section 2253. There is hereby created in the State Treasury a
42824374 revolving fund for the Oklahoma Tourism and Recreation Department to
42834375 be designated the "Tourism and Recreation Environmental Loan
42844376 Proceeds Revolving Fund ". The fund shall be a continuing fund, not
42854377 subject to fiscal year limitation s, and shall consist of all monies
42864378 received from the State Revolving Fund loan programs as administered
42874379 by the Oklahoma Water Re sources Board designated specifically for
42884380 the purposes of reimbursements, construction, repair, remediation,
42894381 or improvement of eligible facilities under the jurisdiction of the
42904382 Oklahoma Tourism and Recreation Commission Department. The fund
42914383 shall be under the administrative direction of the Oklahoma Tourism
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43184411 and Recreation Department. All monies accruing to the credit of the
43194412 fund may be budgeted and expended by the Oklaho ma Tourism and
43204413 Recreation Department for the purpose of constructing, repairing,
43214414 remediating, improving loan eligible proje cts, reimbursing the
43224415 Department for eligible planning and design expenses, or paying for
43234416 associated loan financing requirements. Exp enditures from the fund
43244417 shall be made upon warrants issued by the State Treasurer a gainst
43254418 claims filed as prescribed by law with the Director of the Office of
43264419 Management and Enterprise Services for approval and payment.
43274420 SECTION 43. AMENDATORY 74 O.S. 2021, Section 2256, is
43284421 amended to read as follows:
43294422 Section 2256. A. The Commission Department shall have the
43304423 power and is authorized to issue negotiable bonds in anticipation of
43314424 the collection of all or any part of its revenues, not to exceed
43324425 Five Million Dollars ($5,000,000.00), for the purpose of
43334426 constructing, reconstructing, improving, bettering or extending any
43344427 properties which it is authorized to maintain or operate hereunder.
43354428 The Commission Department shall pledge all or any part of the
43364429 revenues derived from the operation of the parks controlled and
43374430 operated by the Commission Department to the payment of the interest
43384431 and principal of such bonds.
43394432 B. The bonds authorized by this section s hall be authorized by
43404433 resolution of the Commi ssion the Executive Director and may, as
43414434 provided in such resolution:
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43684462 1. Be issued in one or more series;
43694463 2. Bear such date or dates and may mature at such time not
43704464 exceeding twenty-five (25) years from their respective dates;
43714465 3. Bear interest at a rate or rates not exceeding ten percent
43724466 (10%) per annum; and
43734467 4. Contain such ter ms, covenants and conditions.
43744468 C. The bonds authorized by this section may be sold in a manner
43754469 and upon terms as determined by the Commission Executive Director.
43764470 The interest cost yield to maturity of any issue of bonds shall not
43774471 exceed ten percent (10%) per annum, payable semiannually.
43784472 D. Any resolution authorizing the issuance of bonds under this
43794473 act may contain covenants including, but not limited to:
43804474 1. The purpose or purpos es to which the proceeds of the sale of
43814475 bonds may be applied, and the deposit , use, and disposition thereof;
43824476 2. The use, deposit, securing of deposits , and disposition of
43834477 the revenues of the Commission Department, including the creating
43844478 and maintenance of reserves;
43854479 3. The issuance of additional bonds payable from revenues of
43864480 the Commission Department;
43874481 4. The operation and maintenance of properties of the
43884482 Commission Department;
43894483 5. The insurance to be carried t hereon, and the use, deposit
43904484 and disposition of insurance monies;
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44174512 6. Books of account and the inspection and audit thereo f and
44184513 the accounting methods of the Commission Department;
44194514 7. The nonrendering of any free service by the Commission
44204515 Department except for promotional activities as deemed in thi s act;
44214516 and
44224517 8. The preservation of the properties of the Commission
44234518 Department so long as any of the bonds remain outstanding, from any
44244519 mortgage, sale, lease or other encumbrances not specifically
44254520 permitted by the terms of the resolution.
44264521 E. At the discretion of the Commission Executive Director, any
44274522 bonds issued under the provisi ons of this act may be secured by a
44284523 trust indenture by and between the Commission Department and a
44294524 corporate trustee, which may be any trust company or bank having the
44304525 powers of a trust company within the state. Any trust indenture may
44314526 pledge or assign the revenues from the operation of properties of
44324527 the Commission Department, but shall not convey or mortgage any
44334528 properties, except such revenues. Any trust indenture or any
44344529 resolution providing for the issuance of such bonds may contain
44354530 provisions for protecting and enforcing the rights and remedies of
44364531 the bondholders as may be reasonable and proper and not in violation
44374532 of law, including covenants setting forth the duties of the
44384533 Commission Department in relation to:
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44654561 1. The construction, improvement, mainte nance, repair,
44664562 operation and insurance of the improvements in c onnection with which
44674563 such bonds shall have been authorized;
44684564 2. The custody, safeguarding and application of all mon ies; and
44694565 3. The employment of consulting engineers in connection with
44704566 the construction or operation of such improvements.
44714567 F. It shall be lawful for any bank or trust company
44724568 incorporated under the laws of the state, which may act as
44734569 depository of the pro ceeds of bonds or of revenues, to furnish
44744570 indemnifying bonds or to pledge sec urities as may be required by the
44754571 Commission Department. Any trust indenture may set forth the rights
44764572 and remedies of the bondholders and of the trustee, and may restrict
44774573 the individual right of action by bondholders as is customary in
44784574 trust agreements or trust indentures securing bonds and debentures
44794575 of corporations. In addit ion to the foregoing, any trust indenture
44804576 may contain other provisions as the Commission Executive Director
44814577 may deem reasonable and proper for the security of the bondholders.
44824578 All expenses incurred in carrying out the provisions of any trust
44834579 indenture may be treated as a pa rt of the cost of operation of the
44844580 improvements for which the bonds are authorized.
44854581 G. Monies received pursuant to the authority of this act,
44864582 whether as proceeds from the sale of bonds or as revenues from the
44874583 operations of the properties which have been i dentified for bond
44884584 repayment purposes, sh all be deemed to be trust funds, to be held
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45154612 and applied solely as provided in this act. The resolution
45164613 authorizing the issuance of bonds of any issue, or the trust
45174614 indenture securing such bonds, shall provide that any officer to
45184615 whom, or any bank or trust company to which, the monies shall be
45194616 paid, shall act as trustee of the monies and shall hold and apply
45204617 the same for the purpose hereof, subject to such regulations as this
45214618 act and such resolution or trust indentur e may provide.
45224619 SECTION 44. AMENDATORY 74 O.S. 2021, Section 2257, is
45234620 amended to read as follows:
45244621 Section 2257. The Commission Executive Director shall have the
45254622 power and is authorized to refund the outstanding series of the
45264623 revenue bonds authorized by this act. The Commission Department
45274624 shall pledge to the payment o f the principal and interest of the
45284625 refunded bonds all or any part of the revenues derived from the
45294626 operation of the parks and lodges controlled and operated by the
45304627 Commission Department. If not prohibited by t he terms of the
45314628 revenue bonds, interest earni ngs on construction funds may be
45324629 utilized by the Commission Department as provided by law.
45334630 SECTION 45. AMENDATORY 74 O.S. 2021, Section 2258, is
45344631 amended to read as follows :
45354632 Section 2258. Bonds bearing the signatures signature of
45364633 Commission officers the Executive Director on the date of the
45374634 signing thereof shall be valid and bin ding obligations,
45384635 notwithstanding that before the delivery of the bonds, any or all
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45654663 the persons whose signatures appear ther eon shall have ceased to be
45664664 officers of the Commission Executive Directors of the Department.
45674665 The validity of the bonds shall not be dependent upon nor affected
45684666 by the validity or regularity of any proceedings relating to the
45694667 construction, reconstruction, improvement, betterment or extension
45704668 of the properties for which the bonds are issued. The resolution
45714669 authorizing the bonds may pr ovide that the bonds shall contain a
45724670 recital that they are issued pursuant to this act, which recital
45734671 shall be conclusive ev idence of their validity and of the regularity
45744672 of their issuance.
45754673 SECTION 46. AMENDATORY 74 O.S. 2021, Section 2259, is
45764674 amended to read as follows :
45774675 Section 2259. A. The Commission Department shall prescribe and
45784676 collect reasonable r ates, fees, tolls or charges for the services,
45794677 facilities and commodities rendered by all property of the
45804678 Commission Department, a portion of which, may be pledged to the
45814679 payment of bonds issued pursuant to this act. The Commission
45824680 Department shall revise the rates, fees, tolls or charges from time
45834681 to time whenever necessary to ensure that the revenues to be derived
45844682 therefrom shall be fully sufficient to pay principal of and inte rest
45854683 on such bonds. The gross revenues derived by the Commission
45864684 Department from the operation of any part or parts of the properties
45874685 of the Commission Department, but no revenues derived by the
45884686 Commission Department through legislative appropriation or f rom
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46154714 sources other than operation of the properties of the Commission
46164715 Department, may be pledged to the payment of principal and interest.
46174716 Notwithstanding any other provisions of law, the Commission
46184717 Department may use money derived from annual legislativ e
46194718 appropriations on a year -to-year basis, as authorized by the
46204719 Legislature, to repay any obligations to the Oklahoma Water
46214720 Resources Board pursuant to Sections 1085.51 and 1085.71 et seq. of
46224721 Title 82 of the Oklah oma Statutes.
46234722 B. The Commission Department is hereby authorized to construct
46244723 improvements in several parks and authorize th e issuance of bonds
46254724 for all such improvements, and to pledge for the payment of the
46264725 bonds and the interest thereon, revenues derived by the Commission
46274726 Department from the operation of any or all of the parks in which
46284727 any consolidated bond issue has been au thorized.
46294728 C. The Commission Department is further authorized to construct
46304729 state-of-the-art tourism information centers on interstat e highways
46314730 including, but not limited to, entry points near the borders of the
46324731 state and major metropolitan areas, and autho rize the issuance of
46334732 bonds for all construction projects, and to pledge for the payment
46344733 of such bonds and the interest thereon, reve nues derived by the
46354734 Commission Department from the lease or operation of any or all of
46364735 the tourism information centers for w hich any such consolidated bond
46374736 issue has been authorized.
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46644764 D. Any revenues which may be received by the Commission
46654765 Department for the use of such buildings or improvements, in w hole
46664766 or in part, shall be regarded as all other reven ues of the
46674767 Commission Department and shall be subject to be pledged to the
46684768 payment of bonds issued hereunder. Each bond shall recite in
46694769 substance that such bond and the interest thereon is payable solel y
46704770 from the revenues pledged to the payment thereof, and that suc h bond
46714771 does not constitute a debt of the Commission Department or of the
46724772 state within the meaning of any constitutional or statutory
46734773 limitation.
46744774 SECTION 47. AMENDATORY 74 O.S. 2021, Section 2260, is
46754775 amended to read as follows :
46764776 Section 2260. A. It may be provided in any resolution
46774777 authorizing bonds under this act that, in the event of a default in
46784778 the payment of principal or interest on the bonds or in the
46794779 performance of any agreement o r covenant contained in the
46804780 resolution, and if such default sh all have continued for a
46814781 prescribed period, then the holders of a specified percentage of the
46824782 outstanding bonds, or a t rustee acting in their behalf, may for the
46834783 equal and proportion al benefit of the holders of all of the bonds
46844784 and with or without possessi on thereof:
46854785 1. By mandamus or other suit, action or proceeding at law or in
46864786 equity, enforce all rights of the holders of the bonds;
46874787 2. Bring suit upon the defaulted bonds or coupons;
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47144815 3. By action or suit in equity to require the Commission
47154816 Department to act as if it were the trustee or an express trust for
47164817 the bondholders;
47174818 4. By action or suit in equity to enjoin any acts or things
47184819 which may be unlawful or in violation of the rights of the holders
47194820 of the bonds;
47204821 5. After notice to the Commission Department as the resolution
47214822 may provide, declare the principal of all of the bonds due and
47224823 payable; or
47234824 6. Apply as a matter of right for the appointment of a receiver
47244825 who may enter and take possession of all or any part o f the
47254826 properties of the Commission Department and operate and maintain the
47264827 same and fix, collect and receive fees and charges for the use
47274828 thereof and services rendered thereby sufficient to provide revenues
47284829 adequate to carry out all of the provisions of the bond reso lution
47294830 and the costs and disb ursements of the proceeding and of the
47304831 receiver.
47314832 B. Subject to the provisions of the Constitution of the State
47324833 of Oklahoma, the courts of the county in which any of the real
47334834 estate controlled and operated by the Commission Department may be
47344835 located and the courts of Oklahoma County shall have jurisdiction of
47354836 any suit, action or proceeding and of all property involved ther ein.
47364837 SECTION 48. AMENDATORY 74 O.S. 2021, Section 2261, is
47374838 amended to read as follows :
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47644866 Section 2261. Unless an action shall be filed in the Supreme
47654867 Court for validation of the bonds in the manner hereinafter
47664868 provided, no bonds shall be issued he reunder until a certified copy
47674869 of the proceedings authorizing the issuance thereof, together with
47684870 any other information whic h the Attorney General may require, shall
47694871 be submitted to the Attorney General. If the Attorney General find s
47704872 that such bonds have been authorized in accordance with la w, the
47714873 Attorney General shall approve the bonds and shall execute a
47724874 certificate to that effect, which shall be filed in the office of
47734875 the State Auditor and Inspector. All bonds so approved by the
47744876 Attorney General, regi stered by the State Auditor and Inspe ctor, and
47754877 issued in accordance with the approved proceedings shall be valid
47764878 and binding obligations of the Commission Department, and the bonds
47774879 and all of the provisions securing the bonds shall be incontestable
47784880 for any cause in any court in Oklahoma unless suit ther eon shall be
47794881 brought in a court having jurisdiction within thirty (30) days from
47804882 the date of the approval.
47814883 SECTION 49. AMENDATORY 74 O.S. 2021, Section 2262, is
47824884 amended to read as follo ws:
47834885 Section 2262. Nothing in this act shall be construed to
47844886 authorize the Commission Department to mortgage or otherwise
47854887 encumber any of its property of any kind, except that the revenues
47864888 thereof may be pledged as herein provided.
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48134916 SECTION 50. AMENDATORY 74 O.S. 2021, Section 2263, is
48144917 amended to read as follows :
48154918 Section 2263. All property controlled and operated by the
48164919 Commission Department shall at all times be exempted from forced
48174920 sale and nothing in this act shall authorize the sa le of any
48184921 property under any judgment rendere d in any suit, and such sales are
48194922 hereby prohibited.
48204923 SECTION 51. AMENDATORY 74 O.S. 2021, Section 2264, is
48214924 amended to read as follows:
48224925 Section 2264. All of the property controlled and ope rated by
48234926 the Commission Department and all bonds issued hereunder and the
48244927 interest thereon shall be exempt from taxation by the State of
48254928 Oklahoma or by any municipal corporation, county or other political
48264929 subdivision or taxing district of the state, except that the bonds
48274930 shall be subject to the payment of inheritance taxes.
48284931 SECTION 52. AMENDATORY 74 O.S. 2021, Section 2267, is
48294932 amended to read as follows:
48304933 Section 2267. The Commission Department may issue bonds unde r
48314934 this act for the purpose of refunding any obligations of the
48324935 Commission Department previously issued under this act, or may
48334936 authorize and deliver a single issue of bonds hereunder, in part for
48344937 the purpose of refunding such obligations and in part for the
48354938 acquisition of additional properties or improvements. Where bonds
48364939 are issued under this section solely for refunding purposes, such
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48634967 bonds may either be sold as above provided or delivered in exchange
48644968 for the outstanding obligations. If sold, the proceed s may be
48654969 either applied to the payment of the obligations, refunded or
48664970 deposited in escrow for the retirement of the bond obligations.
48674971 Nothing contained in this act shall be construed to authorize the
48684972 refunding of any outstanding obligations which are not either
48694973 maturing, callable for redemption under their terms or voluntarily
48704974 surrendered by their holders for cancellation. All bonds issued
48714975 under this section shall in all respects be authorized, issued, and
48724976 secured in the manner provided for other bonds i ssued under this act
48734977 and shall have all of the attributes of such bonds. The Commission
48744978 Department may provide that any refunding bonds shall h ave the same
48754979 priority of lien on the revenues pledged for their payment as was
48764980 enjoyed by the obligations which are refunded.
48774981 SECTION 53. AMENDATORY 74 O.S. 2021, Section 2268, is
48784982 amended to read as follows :
48794983 Section 2268. The Commission Department is authorized in its
48804984 discretion to file an application with the Supreme Court of Oklahoma
48814985 for the approval of any se ries of bonds to be issued hereunder, and
48824986 exclusive original jurisdiction is hereby conferred upon the Supreme
48834987 Court to hear and determine each such application. It shall be the
48844988 duty of the Court to give such applications precedence over the
48854989 other business of the Court and to consider and pass upon the
48864990 applications any protests which may be filed thereto as speedily a s
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49135018 possible. Notice of the hearing on each application shall be given
49145019 by a notice published in a newspaper of general circulation in the
49155020 state informing that, on a day named, the Commission Department will
49165021 ask the Court to hear its application and approve bonds. Such
49175022 notice shall inform all persons interested that they may file
49185023 protest against the issuance of the bonds and be present at the
49195024 hearing and contest the legality thereof. Such notice shall be
49205025 published one time not less than ten (10) days prior to the date
49215026 named for the hearing, and the hearing may be adjourned from time to
49225027 time in the discretion of the Court. If the Court shall be
49235028 satisfied that the bonds have been properly authorized in accordance
49245029 with this act and that when issued they will c onstitute valid
49255030 obligations in accordance with their terms, the Court shall render
49265031 its written opinion approving the bonds and shall fix the time
49275032 within which a petition for rehearing may be filed. The decision of
49285033 the Court shall be a judicial determinati on of the validity of the
49295034 bonds and shall be conclusive as to the Commission Department, its
49305035 officers and agents. Thereafter, the bonds so a pproved and the
49315036 revenue pledged to their payment and the provision and agreements
49325037 contained in the bond resolution for the security of such bonds
49335038 shall be incontestable in any court in the State of Oklahoma.
49345039 SECTION 54. AMENDATORY 74 O.S. 2021, Section 2269, is
49355040 amended to read as follows :
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49625068 Section 2269. All revenues collected or received by the
49635069 Commission Department under the provisions hereof shall be held in a
49645070 separate fund or funds and deposited in a bank or banks as the
49655071 Commission Executive Director may direct, from time to time, an d
49665072 need not be paid into the Oklahoma Tourism and Recreation Department
49675073 Revolving Fund. All revenues shall be subjected to payment out of
49685074 such fund or funds from time to time as the Commission Executive
49695075 Director may direct.
49705076 SECTION 55. AMENDATORY 74 O.S. 2021, Section 2271, is
49715077 amended to read as follows :
49725078 Section 2271. The Commission Department is hereby authorized
49735079 to:
49745080 1. Make and issue notes and bonds, and pledg e revenues of the
49755081 Commission Department subject to the Oklahoma Bond Oversight and
49765082 Reform Act. The Commission Department revenue notes and bon ds
49775083 issued under the provisions of this act shall not at any time be
49785084 deemed to constitute a debt of the state or o f any political
49795085 subdivision thereof or a pledge of the faith and credit of the state
49805086 or of any political subdi vision. Such notes and bonds sha ll be
49815087 payable solely from the revenues of the Department and any other
49825088 funds as may be provided by law for such p ayments and shall contain
49835089 on their face a statement to that effect; and
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50105117 2. Arrange for guaranties or insuranc e of its notes and bonds
50115118 by the federal government or by any private insurer, and to pay any
50125119 premiums therefrom.
50135120 SECTION 56. AMENDATORY 74 O.S. 2021, Section 2272, is
50145121 amended to read as follows :
50155122 Section 2272. A. The Commission Department may provide by
50165123 resolution, from time to time, for the issuance of revenue notes and
50175124 bonds for its lawful purposes, in such amount or amounts as are
50185125 necessary, incidental, or convenient to the exercise of powers,
50195126 rights, privileges, and functions conferred upon it by this act or
50205127 other law. The principal of and interest on any indebtedness shall
50215128 be payable solely from the revenues of the Department and such othe r
50225129 funds as may be provided by law for such payments. The Commission
50235130 Department may provide for credit enhancement as additi onal security
50245131 or liquidity for its notes and bonds and enter into such agreements
50255132 as may be necessary or appropriate to provide for the repayment of
50265133 any funds advanced by the provider of any such credit enhancement
50275134 including the payment of any fees and exp enses incurred in
50285135 connection therewith. The notes and bonds of each issue shall bear
50295136 interest at fixed or variable rates and shall bear an average
50305137 interest rate comparable to other revenue notes and bo nds of like
50315138 credit quality and maturity as prescribed by the State Bond Advisor
50325139 and shall mature at such time or times not exceeding thirty (30)
50335140 years from the date or dates of issue, as may be determined by the
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50605168 Commission Department. The notes and bonds may be made redeemable
50615169 before maturity at the option o f the Commission Department, at such
50625170 time or times and at such price or prices and pursuant to such terms
50635171 and conditions as may be f ixed by the Commission Department prior to
50645172 the issuance of the notes a nd bonds. The Commission Department
50655173 shall determine the form of the notes and bonds and the manner of
50665174 execution thereof and shall fix the denominations of the notes and
50675175 bonds and the place or places of payment of principal and interest.
50685176 If any officer whose signature or facsimile of whose signature
50695177 appears on any notes and bonds shall cease to hold the office before
50705178 the delivery of the notes and bonds, the signature or the facsimile
50715179 shall nevertheless be valid and sufficient for all purposes, the
50725180 same as if the person had remained in the office until deliver y.
50735181 All notes and bonds issued pursuant to the provisions of this act
50745182 shall have all the qualities and incidences of negotiable
50755183 instruments subject to the laws of this state. The Commission
50765184 Department may sell the notes and bonds in such amounts and in su ch
50775185 manner, either at public or private sale, and for such price, as it
50785186 may determine to be in the best interest s of the state. If t he
50795187 notes and bonds are not sold by competitive bid, the sale must be
50805188 approved by the State Bond Advisor.
50815189 B. The Commission Department may, by resolution, provide for
50825190 the issuance of notes and bonds for the purpose of refunding notes
50835191 and bonds then outstanding, including the payment of any redemption
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51105219 premium, any interest ac crued to the date of redemption of the notes
51115220 and bonds, and for incurring additional indebtedness for its lawful
51125221 purposes. The issuance of such notes and bonds shall be govern ed by
51135222 the provisions of this act and the Oklahoma Bond Oversight and
51145223 Reform Act.
51155224 C. The Commission Department shall promulgate rules governing
51165225 the issuance of revenue bonds authorized pursuant to this act.
51175226 SECTION 57. AMENDATORY 74 O.S. 2021, Section 2273, is
51185227 amended to read as follows :
51195228 Section 2273. Before any bond shall be issued and delivered by
51205229 the Commission Department, a certified copy of the proceedings for
51215230 the issuance thereof, together with any other information wh ich the
51225231 Attorney General of the State of Oklahoma may require shall be
51235232 submitted to the Attorney General. If the Attorney General shall
51245233 find that the notes and bonds have been issued in accordance with
51255234 the law, the Attorney General shall approve the notes and bonds and
51265235 execute a certificate to that effect. The Attorney General shall
51275236 file the certificates in the Office of the State Auditor and
51285237 Inspector, and the certificates shall be recorded in a record kept
51295238 for that purpose. All notes and bonds approved by the Attorney
51305239 General and issued in accordance with the approved proceedings shall
51315240 be valid and binding obligations of the Commission Department and
51325241 shall be incontestable from and after the date of such approval.
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51595269 SECTION 58. AMENDATORY 74 O.S. 2021, Section 2274, is
51605270 amended to read as follows :
51615271 Section 2274. Revenue notes and bonds of the Commission
51625272 Department issued pursuant to the provisions of this act shall not
51635273 constitute a debt of the state or of any political subdivision
51645274 thereof, or a pledge of the full faith and credit of the state, or
51655275 of any political subdivision thereof, but such notes and bonds shall
51665276 be payable solely from the funds provided therefrom. The forms of
51675277 the notes and bonds so issued shall contain on the face thereof a
51685278 statement to the effect that neither the state nor the Commission
51695279 Department shall be obligated to pay the same or the interest
51705280 thereon except from the revenues of the Department pledged to the
51715281 payment of such notes and bonds and that neither the faith and
51725282 credit nor the taxing power of the state or any political
51735283 subdivision thereof is pledged, or may hereafter be pledged, to the
51745284 payment of the principal of or interest on the notes and bonds. The
51755285 notes and bonds so issued shall be exempt from taxation by the State
51765286 of Oklahoma and any political subdivision thereof, including the
51775287 income therefrom, and any gain from the sale thereof.
51785288 Notwithstanding any other provisions of law, the Commission
51795289 Department may use money derived from annual legislative
51805290 appropriations on a year-to-year basis, as authorized by the
51815291 Legislature, to repay any obligations to the Oklahoma Water
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52085319 Resources Board pursua nt to Sections 1085.51 and 1085.71 et seq. of
52095320 Title 82 of the Oklahoma Statutes.
52105321 SECTION 59. AMENDATORY 74 O.S. 2021, Section 2276, is
52115322 amended to read as follows :
52125323 Section 2276. The Commission Department shall be subject to
52135324 blanket bond coverage as provided in Sections 85.26 through 85.31 of
52145325 Title 74 of the Oklahoma Statutes 85.58Q through 85.58V of this
52155326 title; provided, the Commission Department shall be authorized to
52165327 purchase increased amounts of fide lity bond coverage for those
52175328 employees deemed necessary by the Commission Executive Director.
52185329 When the amount listed in Section 85.29 of Title 74 of the Oklahoma
52195330 Statutes 85.58T of this title is deemed inadequate, the co st of
52205331 increased coverage shall be borne by the Department.
52215332 SECTION 60. AMENDATORY 74 O.S. 2021, Section 2276.1, is
52225333 amended to read as follows:
52235334 Section 2276.1 A. There is hereby created a trust fund to be
52245335 known as the "Oklahoma State Park Trust Fund". The Oklahoma Tourism
52255336 and Recreation Commission Department shall be the trustees of the
52265337 Trust Fund.
52275338 B. 1. The Commission Department may utilize five percent (5%)
52285339 of the principal of the Trust Fund annually to:
52295340 a. protect and conserve state park lands, but shall not
52305341 include routine maintenance expe nses of the state
52315342 parks,
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52585370 b. preserve historic properties under the jurisdiction of
52595371 the Commission Department,
52605372 c. provide for one-time capital upgrades and improvements
52615373 of state park resources, and
52625374 d. pay fees and expenses associated with the services of
52635375 a custodian of the Trust Fund.
52645376 2. Beginning July 1, 2012, and ending June 30, 2020, the
52655377 Commission Department may utilize funds not to exc eed Fifteen
52665378 Million Dollars ($15,000,000.00) from the principal of the Trust
52675379 Fund to construct and maintain a lodge and any associated facilities
52685380 deemed necessary by the Commission Executive Director at the Lake
52695381 Murray State Park.
52705382 C. The Commission Department shall give priority for funding to
52715383 the state park from whi ch the revenues were initially derived.
52725384 D. The Trust Fund principal shall consist of monies from any
52735385 and all mineral lease payments, seismograph fees, royalty payments,
52745386 or other payments assoc iated with oil and gas mineral operations at
52755387 state parks that are managed by the Oklahoma Tourism and Recreation
52765388 Department, any funds appropriated or trans ferred to the Trust Fund
52775389 by the Legislature, and any monies or assets contributed to the
52785390 Trust Fund from any other source, public or private.
52795391 E. Notwithstanding o ther provisions of law, income and
52805392 investment return on Trust Fund principal shall accrue to the Trust
52815393 Fund for use as provided by authorization of the trustees for the
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53085421 purposes listed in subse ction B of this section. Except as provided
53095422 for in subsection B of this section, no income or investment return
53105423 or principal shall be used for administrati ve expenses of the
53115424 Oklahoma Tourism and Recreation Department or expenses incurred by
53125425 the Commission in the administration of the Trust Fund.
53135426 SECTION 61. AMENDATORY 74 O.S. 2021, Section 2276.2, is
53145427 amended to read as follows:
53155428 Section 2276.2 A. The Oklahoma Tourism and Recreation
53165429 Commission Department shall discharge their its duties as trustees
53175430 of the Oklahoma State Park Trust Fund created in Section 2276.1 of
53185431 this title, hereafter referred to as the "Trust Fund":
53195432 1. With the care, skill, prudence, and diligence under the
53205433 circumstances then prevailing that a prudent person acting in a like
53215434 capacity and familiar with such matters would use in the conduct of
53225435 an enterprise of a like character and with like aims;
53235436 2. By diversifying the investments of the Trust Fund so as to
53245437 minimize the risk of large losses, unless under the circumst ances it
53255438 is clearly prudent not to do so; and
53265439 3. In accordance with the laws, documents and instruments
53275440 governing the Trust Fund.
53285441 B. The Commission Department may procure insurance indemnifying
53295442 the members of the Commission the Department from personal loss or
53305443 accountability from liability resulting from the action or inaction
53315444 of a member as a trustee.
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53585472 C. The Commission Department may utilize the written investment
53595473 policy developed by the State Treasurer for the investment of public
53605474 funds for the investm ent and management of the Trust Fund.
53615475 Investments of the Trust Fund may be consistent with the guidelines
53625476 set forth in Section 89.2 of Title 62 of the Oklahoma Statu tes which
53635477 establishes the investment requirements for public funds by the
53645478 State Treasurer.
53655479 D. Funds and revenues for investment by the Commission
53665480 Department shall be placed with a custodian selected by the
53675481 Commission Executive Director. Payment of any fees for the services
53685482 of a custodian may be paid from the income and investment return on
53695483 the Trust Fund. The custodian may be the State Treasurer or a bank
53705484 or trust company offering pension fund master trus tee and master
53715485 custodial services. If other than the State Treasurer is utilized,
53725486 the custodian shall be chosen by a solicitation of propos als on a
53735487 competitive bid basis pursuant to standards set by the Commission
53745488 Executive Director. In compliance with t he investment policy
53755489 guidelines of the Commission Executive Director, the custodian bank
53765490 or trust company shall be contractually responsible for ensuring
53775491 that all monies of the Trust Fund are invested in income -producing
53785492 investment vehicles at all times. If a custodian bank or trust
53795493 company has not recei ved direction from the Commission Executive
53805494 Director as to the investment of the monies of the Trust Fund in
53815495 specific investment vehicles, the custodian bank or trust co mpany
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54085523 shall be contractually responsi ble to the Commission Department for
54095524 investing the monies in appropriately collateralized short-term
54105525 interest-bearing investment vehicles. If the State Treasurer is
54115526 utilized as the custodian and has not received direct ion from the
54125527 Commission Executive Director as to the investment of the monies of
54135528 the Trust Fund in specific investment vehicles, the State Treasurer
54145529 shall invest the monies in a ccordance with the investment policy
54155530 developed by the State Treasurer for inves tment of public funds and
54165531 in a manner consistent with the guidelines for the investme nt of
54175532 public funds set forth in Section 89.2 of Title 62 of the Oklahoma
54185533 Statutes.
54195534 E. By November 1, 2006, and prior to August 1 of each year
54205535 thereafter, the Commission Executive Director shall develop a
54215536 written investment plan for the Trust Fund.
54225537 F. The Commission Executive Director shall compile quarterly
54235538 financial reports of all the funds an d accounts of the Trust Fund on
54245539 a fiscal year basis. The reports shall include several relevant
54255540 measures of investment value, including acquisition cost and current
54265541 fair market value with appropriate summaries of total holdings and
54275542 returns. The report sh all be distributed to the Director of the
54285543 Legislative Service Bureau.
54295544 G. After July 1 and before October 1 of each year, the
54305545 Commission Department shall publish an annual report presented in
54315546 simple and easily understood language. The report shall be
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54585574 submitted to the Governor, the Speaker of the House of
54595575 Representatives, the Preside nt Pro Tempore of the Senate, and the
54605576 Director of the Legislative Service Bureau. The annual report shall
54615577 cover the operation of the Trust Fund during the past fiscal year,
54625578 including income, disbursements, and the financial condition of the
54635579 Trust Fund at the end of the fiscal year. The annu al report shall
54645580 also contain the information issue d in the quarterly reports
54655581 required pursuant to subsection F of this section as well as a
54665582 summary of the results of the most recent actuarial valuation to
54675583 include total assets, total liabilities, unfunded l iability or over-
54685584 funded status, contributions and any other information deemed
54695585 relevant by the Commission Department.
54705586 SECTION 62. AMENDATORY 74 O.S. 2021, Section 2278, is
54715587 amended to read as follo ws:
54725588 Section 2278. As used in the Oklahoma Trails System Act:
54735589 1. "Commission" means the Oklahoma Tourism and Recreation
54745590 Commission; and
54755591 2. "Political subdivision " means any county, municipality or
54765592 other subdivision of state or local government.
54775593 SECTION 63. AMENDATORY 74 O.S. 2021, Section 2280, is
54785594 amended to read as follows:
54795595 Section 2280. A. There is hereby created a state trails system
54805596 composed of:
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55075624 1. State nature trails, which shall be trails designed to
55085625 deepen the public's awareness and understanding of variou s
55095626 ecological, geological or cultural qualities within the state by
55105627 means of an interpretive service program;
55115628 2. State hiking trails, which shall be extensive trails and
55125629 will serve to connect parks, scenic areas, historica l points and
55135630 neighboring communiti es;
55145631 3. State special-use trails, which shall be trails designed to
55155632 provide for those trail activities which require special trail
55165633 definition and will include trails for bicycling, public riding and
55175634 motorcycle and minibike activities, as well as trails des igned to
55185635 meet the needs of the handicapped, the blind and the elderly; and
55195636 4. State heritage trails, which shall be trails designed to
55205637 promote the identification and interpretation of significant
55215638 cultural and historic sit es throughout the state.
55225639 B. The Commission Oklahoma Tourism and Recreation Department,
55235640 in accordance with appropriate federal, state and local governmental
55245641 organizations, shall establish a uniform marker for the trails
55255642 system.
55265643 C. In the planning and designatio n of trails, the Commission
55275644 Department shall give due regard to the interest of f ederal or state
55285645 agencies, all political subdivisions, private land owners,
55295646 interested individuals and citizen groups. Furthermore, the
55305647 Commission Department encourages citizen participation in trail
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55575675 acquisition, construction, development and maintenance w here such
55585676 activities will not conflict with the purposes of the Oklahoma
55595677 Trails System Act.
55605678 SECTION 64. AMENDATORY 74 O.S. 2021, Section 2281, is
55615679 amended to read as follows :
55625680 Section 2281. A. The Commission Department shall be vested
55635681 with the responsibility and authority to:
55645682 1. Plan, purchase, develop, construct, mainta in, operate and
55655683 protect the state trails system and shall prescri be the uses and
55665684 limits of each designated trail; and
55675685 2. Acquire, by lease, deed or contract, rights -of-way or
55685686 easements of trails across private, municipal, county, state or
55695687 federal lands. In selecting the rights -of-way, every effort will be
55705688 made to minimize any adverse eff ects on the adjacent landown er or
55715689 user and his or her operations. Acquisition sh all be, whenever
55725690 possible, in the form of an easement obtained by gift, exchange or
55735691 purchase with donated funds. In cases where these attempts fail,
55745692 the Commission Department may authorize the expenditure of state
55755693 trail funds for acquisition in fee. Any agreement for acquisition
55765694 of rights in land shall be for terms of not less than twenty -five
55775695 (25) years whenever possible.
55785696 B. The Commission Department may abandon any portion or all of
55795697 a trail or easement acquired for trail purposes; or it may transfer
55805698 any trail or easement to a local government having jurisdiction over
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56075726 the area in which the t rail or easement is located, provided that
56085727 such local government agrees to maintain and oper ate the trail.
56095728 C. The Commission Department shall notify the owner of the
56105729 land, through which any trail or easement passes, prior to entering
56115730 into any agreement wi th local government for the operation of a
56125731 trail and shall secure the co nsent of the landown er prior to the
56135732 transfer of any trail or easement to a local government.
56145733 D. The Commission Department shall review all formal
56155734 declarations of railroad rights -of-way abandonment for possible
56165735 inclusion into the state trails system.
56175736 E. Within the boundaries of a right-of-way, the Commission
56185737 Department may acquire, on behalf of the state, lands in fee title,
56195738 any interest in lands in the form of scenic or other easement s or
56205739 any interest in lands under cooperative or other agreement.
56215740 Acquisition of land or of any interest in land may be by gift,
56225741 purchase or exchange. Acquisition may be through the use of funds
56235742 obtained by donation, federal grants, legislative appropriati on or
56245743 otherwise. In acquiring real property or any interest therein, th e
56255744 power of eminent domain shall not be us ed.
56265745 F. 1. The Commission Department shall encourage the provision
56275746 of bicycle routes within the rights-of-way of federal aid system
56285747 highways and on or along county and city roadways. These bicycle
56295748 routes shall be composed of three ty pes of pathways: bic ycle
56305749 trails, bicycle lanes and bicycle routes. Bicycle trails shall be
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56575777 distinct pathways which separate bicycles from motorized vehicular
56585778 traffic by means of an open space or barrier. Bicycle lanes shall
56595779 use designated portions of ex isting roadways and w ill be clearly
56605780 marked and separated from automob ile lanes. Bicycle routes shall be
56615781 existing, low-volume roads and will be designated by clearl y marked
56625782 signs.
56635783 2. Prior to the designation and construction of the bic ycle
56645784 pathway system, the Commission Department shall authorize the
56655785 development of a bicycle ma ster plan. The plan shall be comprised
56665786 of a set of clearly defined goals, a statement of current and
56675787 projected demands, a proposed layout of routes, construction
56685788 specifications, cost projections and the scheduling of
56695789 implementation. The plan shall likewise devote serious
56705790 consideration to those design criteria which will help to ensure the
56715791 safety of bicyclist, pedestrian and motorist alike.
56725792 3. Funds received for this pathway program shall be expended in
56735793 amounts deemed reasonable and necessary by the Commission Executive
56745794 Director for the establishment of the bicycle pathway system.
56755795 SECTION 65. AMENDATORY 74 O.S. 2021, Section 2282, is
56765796 amended to read as follows :
56775797 Section 2282. A. The Commission Department may establish and
56785798 designate state trails on lands under the jurisdiction of a federal
56795799 agency when, in the opinion of the federal agency, such lands may be
56805800 so developed under the provisions of federal law.
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57075828 B. Nothing in the Oklahoma Trails System Act shall prevent a
57085829 segment of the state trails system from being a part of the National
57095830 Scenic or Recreation T rails System. The Commission Department shall
57105831 coordinate the state trails system with the National Trails S ystem
57115832 and will encourage and assist any federal studies for inclusion of
57125833 state trails into the National Trails System.
57135834 SECTION 66. AMENDATORY 74 O.S. 2021, Section 2283, is
57145835 amended to read as follows :
57155836 Section 2283. A. No hunting of wild game or the sho oting of
57165837 firearms shall be permitted along the trail, with the exception of
57175838 those portions of the trail which traverse public hunting areas.
57185839 Such portions of the trail shall be closed to trail use, as listed
57195840 in the Oklahoma Trails Sys tem Act, during hunting season.
57205841 B. All horseback riding and motorcycling activities shall be
57215842 restricted to their designated special-use trails. Foot travel on
57225843 special-use trails shall be permitted; however, the special -use
57235844 activities shall have the right-of-way on the trails.
57245845 C. Each person is guilty of a misdemeanor, who sha ll:
57255846 1. Willfully mutilate, deface or destroy any guidepost, notice,
57265847 tablet or other work for the protection o r ornamentation of any
57275848 state trail;
57285849 2. Place along any trail or affix t o any object in the r ight-
57295850 of-way, without a written license from the Commission Department,
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57565878 any word, character or device designed to advertise any business,
57575879 trade, profession, article, thing, ma tter or event; or
57585880 3. Willfully cause any damage to lands wit hin or adjacent to
57595881 the state trails system.
57605882 SECTION 67. AMENDATORY 82 O.S. 2021, Section 875, is
57615883 amended to read as follows:
5762-Section 875. A. Except as may be provided in this subsection,
5884+Section 875 A. Except as may be provided in this subsection,
57635885 the Grand River Dam Authority shall not prevent free public use of
57645886 its lands and lakes for recreation purposes and for hunting and
57655887 fishing, except at such points where, in the opinion of the Board of
57665888 Directors, such use woul d be dangerous or would interfere with the
57675889 proper conduct of its business. The Authority may, in the interest
57685890 of public health and safety, make reasonable regulation s governing
57695891 such use and, in the interest of defraying costs associate d with the
57705892 maintenance and policing of public lands administered by the
57715893 Authority, prescribe reason able fees for camping and the use of
57725894 Authority facilities and for the use of off -road and all-terrain
57735895 vehicles on Authority lands.
57745896 B. All existing public ri ghts-of-way to the areas to be flooded
57755897 by the impounded waters shall remain open as a way of free p ublic
57765898 passage to and from the lakes created, and no charge shall ever be
57775899 made to the public for right to engage in hunting, fishing, boating
57785900 or swimming in the lakes, and no cha rges shall ever be made for a
57795901 permit to operate or use or for the inspection of boats and
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58065929 equipment, except that the Authority may prescribe an annual fee for
58075930 the issuance or renewal of a permit for a private anchorage, wharf,
58085931 dock or boathouse. Such fee shall be used to defray the expenses of
58095932 operating and equipping the Authority's Lake Patrol. The public
58105933 shall have free use of and access to the waters of the lakes for
58115934 private use, and shall have the right to anchorage, wharf, dock,
58125935 boat dock, houseboat and landing privileges free of charge when used
58135936 for private boating, b ut such anchorage, wharf, dock, boat dock,
58145937 houseboat and landing privileges shall only be allowe d after a
58155938 permit therefor has been issued. Provided that no permit for any
58165939 anchorage, wharf, dock, boat dock, houseboat and landing privileges
58175940 shall be issued which wou ld deprive the owner of land adjacent to
58185941 the shoreland or lake front or abutting thereo n of any anchorage,
58195942 wharf, dock, boat dock, houseboat and landing privileges. The
58205943 Authority may designate areas closed to such use, where in its
58215944 opinion such use would interfere with the health or safety of the
58225945 public, or with the proper conduct of the bu siness of the Authority.
58235946 The Authority shall prescribe suitable rules for the use of firearms
58245947 on its lands and lakes and suitable rules and regulations and rules
58255948 of travel, in the interest of public safety, for the u se of the
58265949 waters of the lakes.
58275950 C. The Authority shall prescribe, in the interest of public
58285951 safety, suitable rules and regulation s governing the keeping for
58295952 hire or operations of a boat or boats, surfboards, aquaplanes, sea-
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58565980 skis or similar devices for pecuniary profit or gain on the waters
58575981 of the lakes. The keeping for hire or operation of a boat or boats,
58585982 surfboards, aquaplanes, s ea-skis or similar devices, for pecuniary
58595983 profit or gain, on the waters of the lake, shall only be allowed
58605984 after a permit therefor has been issued by the Authority.
58615985 Applications for such permits are to be in writing, upon a form
58625986 prescribed and furnished b y the Authority, and containing such
58635987 information as is required by the Authority. For the issuance of
58645988 such a permit the Authority shall charge a fee i n an amount as
58655989 specified by the Authority, and shall have the power to prescribe
58665990 the size and type of boa t or boats allowed to operate under such
58675991 permit and the equipment necessary to such operation. A permit
58685992 shall be procured for the construction of wharves, docks, lan dings
58695993 and anchorages when constructed for commercial or rental purpose s.
58705994 For the issuance of such a permit the Authority shall charge a fee
58715995 in an amount as specified by the Authority. The Authority shall
58725996 prescribe the type, style and location and equipme nt of wharves,
58735997 docks, anchorages and landings from which such boats op erate and
58745998 their rules of travel. Issuance of permits is to be deferred and
58755999 withheld unless and unt il the applicant therefor has paid the permit
58766000 fee and procured and deposited with the A uthority a good and
58776001 sufficient bond, either in cash, or by a surety co mpany licensed to
58786002 do business in this state, or public liability and property damage
58796003 insurance, written by a company licensed to do business in Oklahoma,
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59066031 in an amount and in such form as the Authority shall specify, so as
59076032 to assure compensation for injurie s to or death of per sons, and loss
59086033 or damage to property for which the holder of such permit may be
59096034 legally liable. Upon it being called to the attention of the
59106035 Attorney General of Okla homa by any citizen of Oklahoma that this
59116036 section has not been complie d with, it shall be the duty of the
59126037 Attorney General of Oklahoma to institute the prop er legal
59136038 proceedings to require the Authority, or its successor, to comply
59146039 with the provisions of th is section.
59156040 D. The Authority may acquire, by purchase, condemnation, or
59166041 otherwise, lands suitable for park purposes or roadways along the
59176042 shores of the lakes. After acquiring such lands the Authority may,
59186043 but shall not be required to, assi gn or lease the lands to the State
59196044 of Oklahoma for park or road purposes and if such assignment is made
59206045 the lands shall be under the supervision and control of the Oklahoma
59216046 Tourism and Recreation Commission Department or the Department of
59226047 Wildlife Conservation, which sha ll keep the lands so assigned open
59236048 to the public so that the public in general may have free access to
59246049 the lakes.
59256050 SECTION 68. This act shall become effective November 1, 2022.
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5947-21
5948-22
5949-23
5950-24
5951-
5952-Passed the House of Representatives the 14th day of March, 2022.
5953-
5954-
5955-
5956-
5957- Presiding Officer of the House
5958- of Representatives
5959-
5960-
5961-Passed the Senate the ___ day of __________, 2022.
5962-
5963-
5964-
5965-
5966- Presiding Officer of the Senate
6052+COMMITTEE REPORT BY: COMMITTEE ON TOURISM, dated 02/17/2022 - DO
6053+PASS, As Amended.