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ENGROSSED HOUSE
BILL NO. 4162 By: Townley of the House
and
Coleman of the Senate
An Act relating to the Tourism and Recreation
Department; amending 29 O.S. 2021, Section 7-304,
which relates to wildlife refuges; modifying entity
designation; amending 47 O.S. 2021, Sections 11-1116
and 1116.2, which relate to motor-driven vehicles;
modifying entity designation; amending 61 O.S. 2021,
Sections 121 and 130, which relate to cha nge orders;
modifying entity designation ; amending 64 O.S. 2021,
Section 1014, which relates to invest ments in real
property; modifying entity designation; amending 68
O.S. 2021, Sections 4405 and 50015, which relate to
the Tourism and Recreation Departmen t; modifying
entity designation; amending 74 O.S. 2021, Sections
500.2, 500.18, 2202, 2205, 2207, 2208, 2210, 2211,
2212, 2213, 2214, 2215, 2216, 2219, 2220, 2221, 2222,
2223, 2224, 2225, 22 26, 2228, 2229, 2232, 2234, 2240,
2243, 2244, 2245, 2248, 2249, 22 50, 2251, 2253, 2256,
2257, 2258, 2259, 2260, 2261, 2262, 2263, 2264, 2267,
2268, 2269, 2271, 2272, 2273, 2274, 2276, 2276. 1,
2276.2, 2278, 2280, 2281, 2282, and 2283, which
relate to the Tourism and Recreation Department;
changing entity designation; amending 82 O.S. 2021,
Section 875, which relates to fees; modifying entity
designation; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2021, Section 7-304, is
amended to read as follows:
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Section 7-304. A. Except as otherwise pro vided by law, no
person may enter upon any state or federal wildlife refuge or
Wildlife Management Area with dog, gun or bow.
B. Exceptions to the above provision s are when the Commissi on
and/or the Tourism and Recreation Commission Department may by
resolution permit:
1. The holding of field trials by duly authorized sportsmen's
clubs; or
2. Such hunting, killing or trapping of wil dlife from such
refuge or Wildlife Management Area; pr ovided, however, that Lake
Murray State Park shall not be utilized for killing or trapping of
natural wildlife and shall remain a wildlife preserve.
C. Any person convicted of violating provisions of t his section
shall be punished by a fine of not less th an Twenty-five Dollars
($25.00) nor more than One Hundred Dollars ($10 0.00), or by
imprisonment in the county jail for not less than ten (10) days nor
more than thirty (30) days, or by both such fine an d imprisonment.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 11-1116, is
amended to read as follows :
Section 11-1116. A. The self-propelled or motor-driven and
operated vehicles described in this section shall be prohibited from
operating or shall be limited in operation on the street s and
highways of this state.
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B. Self-propelled or motor-driven cycles, known and commonly
referred to as "minibikes" and other simila r trade names, shall be
prohibited from operating on the streets and highways of this state,
except:
1. When used in a parade; or
2. When registered, as required by subsection E of Section 1151
of this title, and operated in this state by food vendor ser vices
upon streets having a speed limit of thirty (30) miles per hour or
less.
All minibikes offered for sale in this sta te shall bear the
following notice to the customer: "This machine is n ot manufactured
or sold for operation on the public streets or hi ghways. Since it
is not provided with equipment required by law for street or highway
use, all persons are cautioned tha t any operation of this vehicle
upon a public street or highway will b e in violation of the motor
vehicle laws of this state and will s ubject the violator to arrest."
C. Golf carts and utility vehicles, as defined by Section 1102
of this title, shall not be operated on the streets and highways of
this state except:
1. Golf carts or utility vehicles owned by the Oklahoma Tourism
and Recreation Department, and operated by employees or agents of
the Department or employees of independe nt management companies
working on behalf of the Department, may be operated on the streets
and highways of this state during daylight hours or under rules
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developed by the Oklahoma Tourism and Recreation Commission
Department, when the streets and highway s are located within th e
boundaries of a state park. The Department shall have warning signs
placed at the entrance and other locations at those state parks
allowing golf carts or utili ty vehicles to be operated on the
streets and highways of this state l ocated within the bound aries of
those state parks. The warning signs shall state that golf c arts
and utility vehicles may be operating on streets and highway s and
that motor vehicle ope rators shall take special precautions to be
alert for the presence of golf carts or utility v ehicles on the
streets and highways;
2. The municipal governing body has adopted an ordinance
governing the operation of golf carts an d/or utility vehicles on
city streets; provided, such ordinances shall include necessary
vehicle lighting and safety requ irements;
3. Golf carts or utility vehicles may operate on state high ways
only if making a perpendicular crossing of a state highway l ocated
within the boundaries of a municipality which has adopted an
ordinance governing the operat ion of golf carts and/o r utility
vehicles;
4. The board of county commissioners of a county has approved
the operation of golf cart and/or utility vehicle tr affic on
roadways within the county, and:
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a. the roadway has a posted speed limit of twenty -five
(25) miles per hour or l ess,
b. the roadway is located in an unincorporated area, and
c. appropriate signage, cautioning motorists of the
possibility of golf c art or utility vehicle traf fic,
is erected by the board of county commissioners ; or
5. Street-legal utility vehicles tha t are registered as a motor
vehicle pursuant to subsection B of Sectio n 1 1-171.1 of this act
title may be operated on the streets and highways of th is state.
Provided, however, street-legal utility vehicles shall not be
operated on the National System of Interstate and Defense Highways
or U.S. highways.
D. All-terrain vehicles shall not be operated on the streets
and highways of this state, except:
1. On unpaved roads which are located within the boundaries of
any property of the Forest Service of the U nited States Department
of Agriculture;
2. On highways if:
a. the vehicle needs to make a direct crossing of the
highway while the vehicle is travel ing upon a
regularly traveled trail and needs to continue travel
from one area of the trail to another and, if the
vehicle comes to a complete stop, yields the right -of-
way to all oncoming traffic that constitutes an
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immediate hazard, and crosses the highw ay at an angle
of approximately ninety (90) degrees to the direction
of the street or highway. This exception shall not
apply to divided highways or highways with a posted
speed limit of more than thirty -five (35) miles per
hour in the area of the crossin g,
b. the vehicle needs to travel on a highway in order to
cross a railroad track . In that event, the all -
terrain vehicle may travel for not more than three
hundred (300) feet on a highway to cross a railroad
track,
c. the operator of the all -terrain vehicle making the
crossing at a highway has a valid driver license, and
d. the operator of the vehicle makes a crossing on a
highway during daylight hours only;
3. On streets and highways within a municipality if the
municipal governing body has adopted an o rdinance governing the
operation of golf carts, utility vehicles or all -terrain vehicles on
streets and highways within the municipality; or
4. On roadways within unincorporate d areas of a county if those
roadways are not part of the state highway system or the National
System of Interstate and Defense Highways; provided, however, that
the driver is a licensed driver.
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E. Mopeds, as defined by Section 1-133.2 of this title, may be
operated on the streets and highways of this state if:
1. The municipal governing body has adopted an ordinance
governing the operation of mopeds on city stree ts; provided, such
ordinances shall include necessary vehicle lighting and safety
requirements; or
2. The board of county commissioners of a county has approved
the operation of mopeds on roadways w ithin the county, not including
roadways within a municip ality.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 1116.2, is
amended to read as follows:
Section 1116.2 A. Notwithstanding any other provision of law,
any person with a physical disability as defined by Section 15 -112
of Title 47 of the Oklahoma Statut es this title shall be authorized
to operate golf carts to the extent that the physically disabled
person is capable as determined by a physician as defined by Section
15-112 of Title 47 of the Oklahoma Statutes this title if:
1. Such operation is within the boundaries of a park owned by
this state;
2. Operation occurs during daylight hours onl y;
3. The golf cart does not exceed the speed limit in such area
as determined by the Oklahoma Tourism and Recreation Department;
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4. The golf cart is not operate d on roadways within park
boundaries with posted speed limits greater than twenty-five (25)
miles per hour;
5. The operator of such golf cart possesses a valid driver
license; and
6. The operator of such golf cart shall provide cer tified proof
of his or her disability.
B. The Tourism and Recreation Commission Department shall
designate areas of operation for golf carts in each state park as
appropriate, and establish rules for the safe operation of golf
carts pursuant to this act.
SECTION 4. AMENDATORY 61 O.S. 2021, Section 121, is
amended to read as follows:
Section 121. A. Change orders or addenda to public
construction contracts of One Million Dollars ($1,000,000.00) or
less shall not exceed a fifteen p ercent (15%) cumulative increase in
the original contract amount.
B. Change orders or addenda to public construction contracts of
over One Million Dollars ($1,000,000.00) shall not exceed the
greater of One Hundred Fifty Thousand Dollars ($150,000.00) or a ten
percent (10%) cumulative increase in the original contract amount.
C. Change orders or cumulative change orders which exceed the
limits of subsection A or B of this section shall require a
readvertising for bids on the incomplete portions of the con tract.
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D. If the awarding public agency does not have a governing
body, the chief administrative officer of the awarding public agency
shall approve change orders. The State Construction Administrator
of the Construction and Properties Division of the Of fice of
Management and Enterprise Services, or the Administrator's designee,
shall sign and execute all contracts and change orders, as they
relate to state agencies.
E. If the awarding public agency has a governing body, all
change orders shall be formal ly approved by the gove rning body of
the awarding public agency and the reasons for approval recorded in
the permanent records of the governing body. The governing body of
a municipality or technology center may delegate approval of change
orders up to Forty Thousand Dollars ($ 40,000.00) or ten percent
(10%) of any contract, whicheve r is less, to the chief
administrative officer of the municipality or technology center or
their designee, with any approved change orders reported to the
governing body at the next regularly schedul ed meeting.
F. The Oklahoma Veterans Commission, as the governing body of
the Oklahoma Department of Veterans Affairs, is authorized to
delegate to the Director of the agency the authority to approve
change orders on a construction contract provided that the
individual change order does not exceed Forty Thousan d Dollars
($40,000.00) in expenditure, and complies with the limits
established by this section. Change orders approved by the Director
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pursuant to a delegation of authority s hall be presented to th e
Commission during the next regular meeting and the reas ons for the
orders recorded in permanent records.
G. The governing body of the Oklahoma Tourism and Recreation
Department is authorized , upon approval of a majority of all of the
members of the Oklahoma Tourism and Recreation Commission, to
delegate to the Director of the agency the authority to approve
change orders on a construction contract provided that the
individual change order does not exceed Twenty -five Thousand Dollar s
($25,000.00) in expen diture and complies with the limits established
by this section. The Administrator of the Division shall sign and
execute all contracts and change orders.
H. The Transportation Commission may, by rule, authorize the
Director of the Department of Transpor tation to approve change
orders in an amount of not to ex ceed Five Hundred Thousand Dollars
($500,000.00). Change orders approved by the Director shall be
presented to the Transportation Commission during the next regular
meeting and the reasons therefor recorded in the permanent records.
The Oklahoma Turnpike Authority may authorize the Director of the
Authority to approve change orders in an amount not to exceed Two
Hundred Fifty Thousand Dollars ($250,000.00). Change orders
approved by the Director of the Authority shall be presented to the
Authority during the next regular meeting and the reasons for the
orders recorded in permanent records.
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I. All change orders for the Department of Transportation or
the Authority shall contai n a unit price and tota l for each of the
following items:
1. All materials with cost per item;
2. Itemization of all labor with number of hours per operation
and cost per hour;
3. Itemization of all equipment with the type of equipment,
number of each type, cost per hour for each type, and number of
hours of actual operation for ea ch type;
4. Itemization of insurance cost, bond cost, S ocial Security,
taxes, workers' compensation, employee fringe benefits and overhead
cost; and
5. Profit for the contrac tor.
J. 1. If a construction contract contains unit pricing, and
the change order pertains to the unit price, the change order will
not be subject to subsection A or B of this section.
2. When the unit price change does not exceed Twenty Thousand
Dollars ($20,000.00), the uni t price change order computation may be
based on an acceptable unit price basis in lieu of cost itemization
as required in paragraphs 1, 2, 3, 4 and 5 of subsection I of this
section.
3. When the unit price change exceeds Twenty Tho usand Dollars
($20,000.00), any unit price for a new item established at or belo w
the average eighteen-month-price history for the new item may be
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used in lieu of cost itemization as required in paragraphs 1, 2, 3,
4 and 5 of subsection I of this section.
K. Alternates or add i tems bid with the original bid and
contained in the award ed contract as options of the awarding public
agency shall not be construed as change orders under the provisions
of the Public Competitive Bidding Act of 1974.
L. Where construction management at -risk is the project
delivery method, the limits establishe d by subsections A and B of
this section shall be based upon the total cost of the project
rather than the cost of the individual trade contracts.
SECTION 5. AMENDATORY 61 O.S. 2021, Section 130, is
amended to read as follows :
Section 130. A. The provisions of the Public Competitive
Bidding Act of 1974 with refe rence to notice and bids shall not
apply to an emergency if:
1. The governing body of a publ ic agency declares by a two-
thirds (2/3) majority vote of all of the members of the governing
body that an emergency exists;
2. The Transportation Commission an d the Oklahoma Tourism and
Recreation Commission Executive Director, by majority vote of all
the members of each the Commission, and by the authority granted to
the Executive Director of the Oklahoma Tourism and Recreation
Department, declare that an emergency exists; or
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3. The chief administrative officer of a public agency without
a governing body declares that an emer gency exists.
B. The governing body of a public agency may, upon approval of
two-thirds (2/3) majority of all of the members of the governing
body, delegate to the chief administrative officer of a public
agency the authority to dec lare an emergency where by the provisions
of the Public Competitive Bidding Act of 1 974 with reference to
notice and bids shall not apply to contracts less tha n One Hundred
Fifty Thousand Dollars ($150,000.00) in amount; provided, such
authority of the Depa rtment of Transportatio n and the Oklahoma
Turnpike Authority shall not extend to an y contract exceeding Seven
Hundred Fifty Thousand Dollars ($750,000.00) in amount and such
authority of the Dep artment of Corrections shall not extend to any
contract exceeding Two Hundred Fifty T housand Dollars ($250,000.00)
in amount for situations in wh ich the emergency impacts the
conditions of confinement, health and safety of correctional
officers and inmates in the custody of the Department of
Corrections.
C. Upon approval of a two-thirds (2/3) majority vote, the
Oklahoma Conservation Commission may delegate to the Executive
Director the authority to declare an emergency and set a monetary
limit for the declaration. The provisions of this subsection may
only be used for the purpose of respo nding to an emergency involving
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the reclamation of abandoned coal mines or the repair of damaged
upstream floodwater retarding structures.
D. An emergency declared by the Board of Corrections pursuant
to subsection C of Section 65 o f this title shall exem pt the
Department of Corrections from the limits which would otherwise be
imposed pursuant to subsection B of this section for the contracting
and construction of new or e xpanded correctional facilities.
E. The chief administrative officer of a public age ncy with a
governing body shall notify the governing body wi thin ten (10) days
of the declaration of an emergency if the governing body did not
approve the emergency . The notification shall contain a statement
of the reasons for the action, and shall be r ecorded in the official
minutes of the governing body.
F. Emergency as used in this section shall be limited to
conditions resulting from a sudden unexpected happening or
unforeseen occurrence or condition whereby the public health or
safety is endangered .
G. The chief administrative officer of a public agency sh all
report an emergency within ten (10) days of the emergency
declaration and include the official minutes of t he governing body
of the public agency, if applicable, to the State Construction
Administrator of the Construction and Properties Division of the
Office of Management and Enterprise Services who shall compile an
annual report detailing all emergencies decl ared pursuant to this
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section during the previous calendar yea r. The report shall be
submitted to the Governor, the President Pro Tempore of the Senate,
and the Speaker of the House of Representatives.
SECTION 6. AMENDATORY 64 O.S. 2021, Section 1014, is
amended to read as follows :
Section 1014. A. The Commissioners of the Land Office may
invest the permanent school funds in real property owned or acquired
by the State of Oklahoma or the Oklahoma Tourism and Recreation
Department and under the jurisdiction of the Oklahoma Tourism and
Recreation Commission Department. The Commissioners of the Land
Office shall not inves t more than three percent (3%) of the to tal
value of the permanent school funds in connection with this
investment.
B. The Commissioners of the Land Office are authorized to
acquire, exchange, and g rant any real property under its
jurisdiction as is neces sary to carry out the investment in the real
property.
C. The Commissioners of the Land Office may carry out the
investment as authorized in this section only if the investmen t
complies with all pro visions of the Oklahoma Constitution related to
preservation and use of the permanent school fund and with all other
trust requirements under law related to investment of the fund.
D. Any investment in or acquisition, exchange or gr ant of any
real property by the Commissioners of the Land Office relating to
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the Texoma State Park, Lake Texoma Lodge or any real property in the
area owned by the Oklahoma Tourism and Recreation Department shall
be subject to the following provisions:
1. Employees at Texoma St ate Park and/or Lake Texoma Lodge who
have a minimum of two (2) years' continuous service with th e
Oklahoma Tourism and Recreation Department at Texoma State Park
and/or Lake Texoma Lodge on the date of the facilities ' closure
shall have the opportunity to obtain employment with any successor
operator of a resort or park facility located on the lands held by
the Oklahoma Tourism and Recreation Department on the effective date
of this act, provided such employees are qualified and elig ible for
any such employment. Further, the Oklahoma Tourism and Recreation
Department is hereby directed to develop a s everance package for all
such employees affected by any closure of facilities as provided for
in this section;
2. Any investment in or acquisition, exchange o r grant of real
property authorized by this section shall ensure a fair return to
the Oklahoma Tourism and Recreation Department to be distributed as
provided for in paragraph 3 of this subsection;
3. All proceeds to the Oklahoma To urism and Recreation
Department from any such investment in or acquisition, exch ange or
grant of state property in the p ark shall be reinvested in the
Texoma area in projects that enhance the visitor experience or
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augment the public facilities available to visitors as provided for
in Section 1852.3 of Title 74 of the Oklahoma Statutes ;
4. Any such investment in or acquisit ion, exchange or grant of
state property must lead to the highest and best use of the
property;
5. Existing concessionaires in and arou nd the park shall be
consulted and given opportunities to participate in any and all
business opportunities and improvem ents resulting from such
investment in or acquisition, exchange or grant of real property.
The private investments of existing concessi onaires in and around
the park shall be given due consideration by any state age ncy that
is a party to any investment in or acquisition, exchange or grant of
real property authorized by this act; and
6. Any such investment in or acquisition, exchange or g rant of
any real property shall include a provision to ensure the Oklahoma
Department of Tourism and Recreation grant s to the Lake Texoma
Association the real property that includes the asso ciation's
headquarters and that the association be allowed to rema in at its
current location.
SECTION 7. AMENDATORY 68 O.S. 2021, Section 4405, is
amended to read as follows:
Section 4405. No proceeds from the levy of any sales tax
imposed by a county or a municipality shall be affected by the
provisions of the Lake M urray Area Infrastructure Support Act and
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the proceeds from any such levy shall be collected and remitted as
required by the Oklahoma Sales Tax Code. The distribution of the
revenues shall be made in accordance with all applicable
requirements of law with respect to such sales tax levies. The
provisions of the Lake Murray Area Infrastructure Support Act shall
not be applicable and shall not have the force or effect of law
unless the Oklahoma Tourism and Recreation Commission Department
approves an agreement for the leasing of certain real property,
including, but not limited to the existing Lake Murray State Lodge
facility to another entity for the purpose of operation and
development of lodge facilities with in the Lake Murray resort area.
SECTION 8. AMENDATORY 68 O.S. 2021, Section 50015, is
amended to read as follows :
Section 50015. A. There is hereby created an Oklahoma Tourism
Promotion Advisory Committee which shall advise the Oklahoma Tourism
and Recreation Department on ma tters of statewide tourism promotion.
The Committee shall consist of thirteen (13) members and one ex
officio nonvoting member as follows:
1. Chair of the Senate Tourism Committee, or designee;
2. Chair of the House of Rep resentatives Tourism and Recrea tion
Committee, or designee;
3. President of the Oklahoma Travel Industry Association, or
designee;
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4. President of the Oklahoma Lakes and Countries Association,
or designee;
5. Member of the Oklahoma Tourism and Recreatio n Commission,
selected by the Oklahoma Tourism and Recreation Commission Executive
Director, whose occupation shall be in the tourism industry;
6. President of the Oklahoma Hotel/Motel Association, or
designee;
7. President of the Oklahoma Restaurant Ass ociation, or
designee;
8. Representative of the City Convention and Tourism Bureau or
a representative of a municipal chamber of commerce, appointed by
the Oklahoma Tourism and Recreation Commission;
9. Director of the Oklahoma Arts Council, or designee;
10. Representative of the tou r operator or travel agent sector,
appointed by the Oklahom a Tourism and Recreation Commission
Department;
11. Representative of the transportation sector, including but
not limited to, airlines, bus companies, car rental bu siness,
appointed by the Oklaho ma Tourism and Recreation Commission
Department;
12. Executive Director of the Oklahoma Historical Society, or
designee; and
13. Director of the Native American Cultural and Educational
Authority, or designee.
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The Director of the Travel Promotion Division of the Oklahoma
Tourism and Recreation Department, or des ignee, shall serve as the
ex officio nonvoting member.
B. The initial appointed members shall be appointed on or
before January 1, 1988. The term of office of each appointed member
shall be for one (1) year and end on December 31 of each year, but
all members shall hold office until their successors are appointed.
C. The membership shall annually elect a chair and vice -chair
of the Committee, each of whom shall serv e for a term of one (1)
fiscal year and until their successor is elected, and who shall
perform such duties as the Committee directs.
D. The members of the Committee shall receive no compensation
for their services or reimbursements for any expenses incur red.
E. The Committee shall ho ld at least four regular meetings each
calendar year at a p lace and time to be fixed by the Oklahoma
Tourism and Recreation Commission Department.
SECTION 9. AMENDATORY 74 O.S. 2021, Section 500.2, is
amended to read as follows:
Section 500.2 A. Officials and employees of the state,
traveling on authorized state business, may be reimbursed for
expenses incurred in suc h travel in accordance with the provisions
of the State Travel Reimbursement Act and existing statutes relating
to state travel. Persons who are not state employees, but who are
performing substantial and necessary services to the state which
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have been directed or approved by the appropriate depar tment
official shall enjoy the protection of the s overeign immunity of th e
state to the same extent as a paid employee. Such person s may be
reimbursed for expenses incurred during authorized official travel
under these same statutory provisions, provided it is indicated on
the claim the person is not a s tate employee, a descri ption of
services performed is entered, and the agency head by approval of
the claim certifies such services were substantial and necessary,
and germane to the duties and functions of the reimbursing agency.
Travel expenses incurred by a person during the course of seeking
employment with a state agency, unless s uch travel is performed at
the request of the employing agency, shall not be cons idered
expenses incurred in performing subs tantial and necessary services
to the state and shall not be reimbursed u nder the provisions of the
State Travel Reimbursement Act.
B. The chief administrative officer of the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Okl ahoma
State Bureau of Narcotics and Dangerous Drug s Control, the Military
Department of the State of Oklahoma, the Department of Cor rections,
the Office of Management and Enterprise Services, the Alcoholic
Beverage Laws Enforcement Commission, the Oklahoma Department of
Agriculture, Food, and Forestry, th e Oklahoma Department o f
Emergency Management, the State Fire Marshal, and the Sta te
Department of Health may arrange for and charge meals and lodging
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for a contingent of state personnel moved into an area for the
purpose of preserving the public health, s afety, or welfare or fo r
the protection of life or property. The cost for meals o r lodging
so charged shall not exceed the amount authorized in the State
Travel Reimbursement Act. The chief administrative officer of each
agency involved in such an operat ion shall require the v endor
furnishing meals, lodging, or both meals and lodging to submit an
itemized statement for payment. When a claim for lodging is made
for a contingent of state personnel, individu al members of the
contingent may not submit a clai m for lodging. When a claim for
meals is made for a contingent of state personnel , individual
members of the contingent may not submit a claim for meals.
C. The Oklahoma Department of Commerce, the Oklaho ma Center for
the Advancement of Science and Techn ology, and the Oklahoma
Department of Agriculture, Food, and Forestry are hereby a uthorized
to enter into contracts and agreements for the payment of food,
lodging, meeting facility and beverage expenses as may be necessary
for sponsoring seminars and rece ptions relating to econ omic
development and science and technology issues. Such e xpenses may be
paid directly to the contracting agency or business establishment.
The Director of the Oklahoma Department o f Commerce, the President
of the Oklahoma Center f or the Advancement of S cience and
Technology, and the Commissioner of Agriculture shall each provide a
quarterly report of such expenditures to the Governor, the S peaker
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of the House of Representatives and the President Pro Tempore of the
Senate.
D. The Native American Cultural and Educational Authority is
hereby authorized to enter in to contracts and agreements for the
payment of food, lodging, and meeting facilit y as may be necessary
to pursue the promoti on of fundraising, marketing, and development
of Native American educatio nal programs and cultural projects, or to
sponsor luncheons, seminars, and receptions relating to Native
American educational, cultural, mus eum, and economic development
issues. Such expenses may be paid directly to the contracting
agency or business esta blishment. The Executive Director of the
Native American Cultural and Educational Authority shall provide a
monthly report of expenditures to the Native American Cultural and
Educational Authority Board.
E. For purposes of this sec tion:
1. "State agency" means any constitutionally or statutorily
created state board, commission, or department, including the
Legislature and the Courts;
2. State agencies are authorized to enter into c ontracts and
agreements for the payment of food an d lodging expenses as m ay be
necessary for employees or other persons who are perf orming
substantial and necessary services to the state by attending
official conferences, meetings, seminars, workshops, or training
sessions or in the performance of their d uties. Such expenses m ay
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be paid directly to the contracting agency or business
establishment, provided the meeting qualifies for overnight travel
for the employees and the cost for food and lodging for ea ch
employee shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act;
3. State agencies are authoriz ed to enter into contracts and
agreements for the payment of conference registrat ion expenses as
may be necessary for employ ees or other persons who are performing
substantial and necessary service s to the state by attending
official conferences, meetings, seminars, workshops, or training
sessions. Such expenses may be paid directly t o the contracting
agency or business establ ishment; and
4. State agencies are authorized to enter into contracts an d
agreements for the payment of food and lodging expenses a s may be
necessary for employees attending an official course of instruction
or training conducted or sponsored by any state agency. Expenses
may be paid directly to the con tracting agency or busi ness
establishment. The cost for food and lodging for each employee
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
F. State agencies are au thorized to make direct purchases of
commercial airline tickets for use b y employees in approved out-of-
state travel. Each claim or invoice submitted to the Director of
the Office of Management and Enterprise Ser vices for the payment of
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the purchase shall bear the airline identifying ticket number, the
name of the airline, tot al cost of each ticket purchased, class of
accommodation and name of the employee for whom the ticket was
purchased, and shall be filed on c laim forms as prescribed by the
Director of the Office of Management and Enterprise Services. The
employee shall sign an affidavit stating that the employee used a
direct purchase commercial airline ticket received for his or her
approved out-of-state travel, or in lieu of the affidavit, the
employee may file a travel claim in connection with sai d airline
flight.
G. 1. The Director of the Office of Management and Enterprise
Services is hereby authorized to enter into contracts and agreements
for the payment of food, lodging, and other authorized expenses as
may be necessary to host, conduct, spo nsor, or participate in
conferences, meetings, or training sessions. The Director may
establish accounts as necessary for the collection and distribution
of funds, including funds of sponsors and registrat ion fees, related
to such conferences, meetings, a nd training sessions. Expenses
incurred may be paid directly to the contracting a gency or business
establishment.
2. The cost of food for persons attending any c onferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily ra te as provided in the State
Travel Reimbursement Act.
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H. 1. The Commissioner of the Department of Mental Health and
Substance Abuse Servic es is hereby authorized to enter into
contracts and agreements for the payment of food, lodgi ng, and other
authorized expenses as may be necessary to host, conduct, sponsor,
or participate in conferences, meetings, or training sessions. The
Commissioner may establish accounts as necessary for the collection
and distribution of funds, including fu nds of sponsors and
registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any conferences ,
meetings, and trainin g sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
I. The Oklahoma Indigent Defense System is he reby authorized to
enter into contracts and agreem ents for the payment of lodging as
necessary for employees to carry out their duti es in representing
any client whom the System has been properly appointed to repr esent.
Such expenses may be paid directly to the contracting agency or
business establishmen t. The cost for lodgin g for each employee
shall not exceed the daily rate as prov ided in the State Travel
Reimbursement Act.
J. The Oklahoma Tourism and Recreati on Department is hereby
authorized to enter into contracts and agreements for the payment of
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food, lodging, and meet ing facility and beverage expenses as may be
necessary for seminars and receptions relating to familiarization
tours and tourism development . The expenses may be paid directly to
the contracting agency or business establishment. Th e Executive
Director of the Oklahoma Tourism and Recreation Department shall
provide a monthly report of any such expenditures to the Oklahoma
Tourism and Recreati on Commission Department.
K. The Oklahoma Tourism and Recreation Department is hereby
authorized to enter into cont racts and agreements for the payment of
exhibitor fees and display space charges at expositions to promote
the Department's recreational fac ilities and the tourism and
recreation industry. The expenses may be paid directly to the
contracting agency or bus iness establishment; provided that no
payment shall be made prior to the event unless it conveys a
property right to the state for future av ailability and use.
L. 1. The Oklahoma Highway Safet y Office of the Department of
Public Safety is hereby authoriz ed to enter into contracts and
agreements for the payment o f food, lodging, and other authorized
expenses as may be necessary, to host, cond uct, sponsor, or
participate in highway -safety-related conferences, workshops,
seminars, meetings, or training sessi ons. The payments shall be for
all persons in attendance, including, but not limited to, employees
of political subdivisions or employees o f the state or federal
government. For purposes speci fied in this paragraph, only federal
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highway safety funds may be used in accordance with federal
guidelines and regulatio ns, and no appropriated state funds shall be
used.
2. The cost of food for perso ns attending any highway safety
conferences, workshops , seminars, meetings, and training sess ions
that do not require overnight travel shall not exceed the total
daily rate as provided in the State Travel Reimbursement Act.
M. 1. The Director of the Okla homa State Bureau of
Investigation is hereby authorize d to enter into contracts and
agreements for the payment of fo od, lodging and other authorized
expenses as may be necessa ry to host, conduct, sponsor or
participate in any conference, meeting, training session or
initiative to promote the mission and purpo ses of the Bureau. The
payments may be for all persons in att endance, including, but not
limited to, employees of politi cal subdivisions or employees of the
state or federal government.
2. The cost of food for persons that do not require overnight
travel shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act.
N. The Oklahoma Homeland Secur ity Director is hereby authorized
to enter into contracts and agreements for the payment of food,
lodging and other authorized expenses as may be necessary to host,
conduct, sponsor, or participate in homeland-security-related
conferences, meetings, worksh ops, seminars, exercises or training
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sessions. The expenses may be paid directly to the contracting
agency or business establishment.
O. The State Department of Education i s hereby authorized to
enter into contracts and agreements for the payment of food , lodging
and other authorized expenses as may be necessary to host, conduct,
sponsor or participate in conferences, meetings or traini ng
sessions. The State Department of E ducation may establish accounts
as necessary for the collection and distribution o f funds, including
funds of sponsors and registration fees, related to such
conferences, meetings and training sessions. Any expenses incurred
may be paid directly to the co ntracting agency or bus iness
establishment.
P. 1. The Insurance Commissioner of the Insurance Department
of the State of Oklahoma is hereby authorized to enter i nto
contracts and agreements for the payment of food, lodging, and other
authorized expenses as may be necessary to host, conduct, sponsor,
or participate in conferences, meet ings, or training sessions. The
Commissioner may establish accounts as necessary for the collection
and distribution of funds, includi ng funds of sponsors and
registration fees, related to such co nferences, meetings, and
training sessions. Any expenses i ncurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any confer ences,
meetings, and training sessions that do not require ove rnight travel
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shall not exceed the total daily rate as prov ided in the State
Travel Reimbursement Act.
Q. 1. The State Regents for Higher Education is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, and other au thorized expenses as may be necessary to
host, conduct, sponsor, or participate in conferences, meetings, or
training sessions. The State R egents for Higher Education may
establish accounts as necessary for the collection and distri bution
of funds, including funds of sponsors and registration fees, related
to such conferences, meetings, and training sessions. Any expenses
incurred may be paid directly to the contracting agency or business
establishment.
2. The cost of food for pers ons attending any confe rences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
R. 1. The Office of Educat ional Quality and Accountability is
hereby authorized to enter into contracts and agreements for the
payment of food, lod ging, and other authorized expenses as may be
necessary to host, conduct, sponsor , or participate in conferences,
meetings, or training sessions. The Office of Educational Q uality
and Accountability may establish accounts as necessary for the
collection and distribution of funds, including funds of sponsors
and registration fees, rela ted to such conferences, meetings, and
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training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do n ot require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
S. 1. The Department of Securities is hereby authorized to
enter into contracts and agreements for the payment of food,
lodging, meeting facility, facilitator fees and travel expenses,
exhibitor fees and other authorized expenses as may be necessary to
host, conduct, sponsor or participate in conferences, meeti ngs,
training sessions or initiatives promoting or otherwise relating to
investor education. The Department of Securities may establis h
accounts as necessary for the collect ion and distribution of funds,
including funds of sponsors and registration fees, relating to such
conferences, meetings, training sessions or initiatives. The
payments may be for all persons in attendance, including , but not
limited to, employees of the state or federal govern ment or
employees of political subdivisions of the state, i ncluding
employees of boards of public education. Expenses incurred may be
paid directly to the contracting agency or business establi shment.
2. The cost of food for person s attending any confere nces,
meetings and training sessions that do not require ov ernight travel
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shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
3. The Department of Securitie s is hereby authorized to pay
stipends to teachers participati ng in the investor education program
and monetary achieveme nt awards to select participating students.
No appropriated state funds shall be used.
T. 1. The Oklahoma Department of Veterans Aff airs is hereby
authorized to enter into contracts and agreemen ts for the payment of
food, lodging, meeting facility, beve rage and other authorized
expenses as may be necessary to host, conduct, sponsor or
participate in seminars, receptions, conferences, m eetings or
training sessions relating t o the support of vetera ns and the
development of veterans' services. Expenses inc urred may be paid
directly to the contracting agency or business establishment. The
Executive Director of the Oklahoma Department of V eterans Affairs
shall provide a monthly report of any such exp enditures to the
Oklahoma Veterans Commission.
2. The cost of food for persons attending any conferences,
meetings and training sessions th at do not require overnight travel
shall not exceed the total daily rate as provided in the S tate
Travel Reimbursement Act.
U. Whenever possible it shall be the policy of eac h state
agency to prepay airline fares and lodging expenses using a purchase
card issued to the agency. This policy shall apply to ins tances
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where employees of the agency ar e traveling on behalf o f state
government.
SECTION 10. AMENDATORY 74 O.S. 2021, Section 500.18, is
amended to read as follows :
Section 500.18 A. Except for members of the Legislature, the
Governor and the Lieutenant Governor, provi sions of Sections 500.1
through 500.18 of this title shall be mandatory for all of ficials
and employees of all dep artments, boards, commissions and
institutions of the state, regardless of the provisions of any other
act of the Legislature, except as provi ded by this section. T he
enactment of any measure in the future providing for tra vel
reimbursement of state offic ers and employees on the basis of
"actual and necessary " expenses or in any other manner inconsistent
with Sections 500.1 through 500.18 of th is title shall be deeme d to
provide for reimbursement in accordance with Sections 500.1 through
500.18 of this title unless a contrary intent is explicitly
expressed in this section. Sections 500.1 through 500.18 of this
title shall not apply, however, to travel reimbursements made by
political subdivisions of this state, except as oth erwise provided
by law.
B. The agencies listed below are authorized certain exceptions
and/or exemptions to the provisions of Sections 500.1 through 500.18
of this title to the extent specified:
1. Oklahoma Department of Agriculture, Food, and Forestry:
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a. The actual and reasonable exp enses of travel and
subsistence in pursuing and developing markets for
Oklahoma agricultural products incurred by the
Commissioner, Deputy Com missioner and such empl oyees
designated by the State Board of Agriculture within
the marketing development program s of the Oklahoma
Department of Agriculture, Food, and Forestry shall be
reimbursed to the employee incurring such expenses.
Reimbursement of such expenses shall be in accordance
with rules adopted by the Board. Expenses c laimed
shall, prior to reimburse ment, be reviewed by the
Board at a regular meeting and individually approved
or disapproved.
b. The actual and necessary expenses of out -of-state
travel and subsistence incurred by employees of the
Forestry Division authori zed to evaluate and acquire
federal excess property or surplus property in other
states for use in its fire protection program, shall
be reimbursed to the employee incurring such expenses.
2. Department of Public Safety:
When traveling with the Governor o r at the Governor's request,
personnel assigned by the Commissioner for executive security and
pilots on executive assignment shall be allowed their actual and
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necessary traveling expenses, upon cl aims approved by the
Commissioner.
3. Department of Correc tions:
The Department of Correct ions shall be exempt from limitations
of reimbursement for rented automobiles, as set forth in Section
500.5 of this title, when the rental is by a Correctional Offi cer or
Transportation Officer for the limited purpose of tr ansporting
inmates. Reimburseme nt for the expense shall be on the basis of
actual cost.
4. Oklahoma Tourism and Recreation Department:
The Oklahoma Tourism and Recreation C ommission and Departmen t
staff who promote in-state and out-of-state business for Oklahoma's
state-operated or state-owned parks, lodges, and golf courses and
the tourism and recreation industry , may be reimbursed for the
actual and necessary expense of tr avel, subsistence and
entertainment for this purpose. The Executive Director of the
Oklahoma Tourism and Recreati on Department may reimburse the
Publisher of Oklahoma Today magazine and its staff for expenses for
meals and other entertainment in order to gain advertising and
promotion for Oklahoma Today magazine.
5. Oklahoma Departmen t of Commerce:
a. The actual and necessary expenses incurred by the
Director and other employees of the Department
authorized by the Director for the purpose of business
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recruitment shall be reimbu rsed. Reimbursement of
expenses shall be in accordance wit h rules adopted by
the Director of the Oklahoma Department of Commerce.
Expenses claimed shall, prior to reimbursement, be
reviewed by the Director and individually approved or
disapproved.
b. The Department, at the discretion of the Director, may
charter aircraft for the purposes of ca rrying out its
duties and responsibilities related to business
recruitment and performing the duties of the Director.
The cost of such charte r shall be exempt from the
provisions of Section 500.6 of this title. Claims
filed with the Office of Management and Enterprise
Services shall bear the following certification:
The best interests of the citizens of Oklahoma were
better served in that conv entional ground
transportation was not practical or feasible for this
trip, aircraft from the Department of Public Safety
were not available for this trip, and no other claim
has been or will be filed as a payment for the cost of
transportation in connecti on with this trip.
c. The Oklahoma Department of Commerce may reimburse the
Oklahoma Film and Music Office staff f or the actual
and necessary expenses for meals and other
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entertainment in order to promote the film and music
industries in this state. Reimb ursement of all actual
and necessary expenses shall be in accordance with
rules adopted by the Oklahoma Department of Commerce.
6. Office of Management and Enterprise Services:
The actual and necessary expenses of travel and subsistence
incurred by the Director, any state emplo yee approved by his or her
appointing authority, or state o fficials, for travel outside the
state in performance of duties related to bond financing shall be
reimbursed to the employee or state official incurring such
expenses. Reimbursement for lodging e xpenses shall be supported by
three telephone bids from hot els within a reasonable distance of the
activity for which the travel was approved.
7. Oklahoma Futures:
The actual and necessary expenses incurred by the members of
Oklahoma Futures in the perfor mance of their duties shall be
reimbursed to the members in curring such expenses. Reimburs ement of
all actual and necessary expenses shall be in accordance with rules
adopted by Oklahoma Futures.
8. Oklahoma Development Finance Aut hority:
The actual and necessary expenses incurred by the members and
employees of the Oklahoma Development Financ e Authority in the
performance of their duties shall be reimbursed to the person
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incurring such expenses. Reimbursement of all actual and nec essary
expenses shall be in accordance with the bylaws of the Authority.
9. Oklahoma Center for the Advancement o f Science and
Technology:
The actual and necessary expenses incurred by the members and
employees of the Oklahoma Center for the Advancement o f Science and
Technology in the performance of their duties shall be reimbursed to
the person incurring such expen ses. Reimbursement of all actual and
necessary expenses shall be in accordance with the bylaws of the
Center.
10. Center for International T rade Development:
The actual and necessary expenses of travel, lodging and
subsistence incurred by the Director an d authorized employees of the
Center for International Trade Development for performance of their
duties for the purpose of business recruitme nt and assistance shall
be reimbursed to the person incurring such expenses. Reim bursement
of such expenses shall be in accordance with the rules adopted by
the Director of the Center for International Trade Development.
Expenses claimed shall be reviewe d and individually appr oved or
disapproved, prior to reimbursement, first by the D irector, and
finally by either the Vice President, Business and Finance of
Oklahoma State University or the President of Oklahoma State
University.
11. Oklahoma State Bureau of Investigation:
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The actual and necessary expenses incurred by the Director and
other employees of the Bureau au thorized by the Director as a result
of conducting investigations shall be reimbursed to each such
employee incurring the expenses. Reimburse ment of the expenses
shall be in accordance with rules adopted by the Director of the
Oklahoma State Bureau of Inv estigation. Prior to reimbursement,
expenses claimed shall be reviewed by the Director and individually
approved or disapproved.
12. Department of Human Services:
a. The actual and necessary expenses of travel, lodging
and subsistence incurred by employe es of the Legal
Division in the performance of their duties for the
purpose of representing the Department of Human
Services or any of its off icials, employees,
institutions or hospitals at any proceeding including
depositions, held before any court, admin istrative
body or representative thereof, shall be reimbursed to
the employee incurring such expenses. Expenses
claimed shall be approved by the General Counsel and
the Director of Human Services prior to reimbursement.
b. The Department, at the discretio n of the Director, may
charter aircraft when determined by the Director such
charter would be more practical or less expensive than
normal modes of transportation an d when aircraft of
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the Department of Public Safety are unav ailable. The
costs of such charter shall be exempt from the
provisions of Section 500.6 of this title.
13. Oklahoma Health Care Authority:
The actual and necessary expenses of travel, lodging and
subsistence incurred by employees of the Legal Division in the
performance of their duties for the purpose of representing the
Authority or any of its officials or employees, at any proceeding
including depositions, held before any court, administrative b ody or
representative thereof, shall be reimbursed to the e mployee
incurring such expenses. Expenses claimed shall be approved by the
Administrator prior to reimbursement.
14. Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control:
The actual and necessary expenses incurred by the Director and
other employees of the Bureau authorized b y the Director as a result
of conducting investigations shall be reimbursed to each employee
incurring the expenses. Reimbursement of the exp enses shall be in
accordance with rules adopted by the Director of the Oklahoma St ate
Bureau of Narcotics and Dang erous Drugs Control. Prior to
reimbursement, expenses claimed shall be reviewed by the Director
and individually approved or disapproved.
15. University Hospitals:
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The actual and necessary expenses of travel, lodging and
subsistence incurred by employees of the Legal Office in the
performance of their duties for the purpose of representing the
University Hospitals or any of its officials, empl oyees,
institutions or hospitals at any proceeding including depositions,
held before any court, administrative bo dy or representative
thereof, shall be reimbursed to the employee incurring such
expenses. Expenses shall be approved by the Chief Executive Officer
of the University Hospitals or by the University Hospitals
Authority.
16. Oklahoma Historical Society:
The actual and necessary expenses of travel, subsistence and
entertainment incurred by the Executive Director, Deputy Director
and any employees designated by the Exec utive Committee of the
Oklahoma Historical Society Board of Directors in pursuing and
developing programs and projects for the preservation and marketing
of Oklahoma history shall be reimbursed to the person incurring the
expenses. Reimbursement of expens es shall be in accordance with
rules adopted by the Oklahom a Historical Society Board of Di rectors.
Prior to reimbursement, expenses claimed shall be reviewed by the
Executive Committee at a regularly scheduled meeting and each clai m
shall be individually approved or disapproved.
17. The Oklahoma Department of M ines:
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The actual and necessary e xpenses of travel, lodging and
subsistence incurred by employees of the Department in the
performance of their duties for the purpose of repre senting the
Department or any of its officials or employees, at any proceeding,
hearing or meeting with federal ag encies, boards, commissions,
congressional representatives, congressional committees or staff,
shall be reimbursed to the employee incurring s uch expenses.
Expenses claimed shall be approved by the Executive Director prior
to reimbursement.
18. The Office of Attorney General:
The actual and necessary expenses of travel, lodging and
subsistence incurred by its employees in the performance of th eir
duties for the purpose of representing the state, the Legislature,
any state board, agency or commission, or a ny employee or official
of the state entitled to representation, at any proceeding including
depositions, held before any court, administrativ e body or any
representative thereof, and the actual and necessary expenses
incurred by employees as a result of c onducting investigations shall
be reimbursed to the employee incurring the expenses. The expenses
shall be approved by the Attorney General p rior to reimbursement.
19. District Attorneys Council:
The actual and necessary e xpenses of travel, lodging and
subsistence incurred by each district attorney and other employees
of the district attorney authorized by the district attorney in the
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performance of their duties for any district other than the district
for which they are em ployed for the purpose of repres enting the
state, any county, or any employee or official of the state entitled
to representation at any proceeding including depositions held
before any court, admi nistrative body or any representative of a
court or administrative body, and the actual and necessary expenses
incurred as a result of conducting investigations shall be
reimbursed to each employee incurring the expenses. Reimbursem ent
of the expenses shall be in accordance with rules adopted by the
District Attorneys Council. Prior to reimbur sement, expenses
claimed shall be reviewed by the Council and individually approved
or disapproved.
20. The Department of Securities:
The actual and necessary expen ses of travel, lodging and
subsistence incurred by the Admi nistrator and other employees of the
Department of Securities in the performance of their duties for the
purpose of representing the Department of Securities, at any
proceeding including deposition s, held before any court,
administrative body or any repres entative thereof, conducting on -
site examinations, or conducting investigations, shall be reimbursed
to each employee incurring the expenses. The expenses shall be
approved by the Administrator of the Department of Securities prior
to reimbursement.
21. Corporation Commission:
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The actual and necessary travel expenses incurred by the staff
of the Public Utility Division as a result of conducting audits
and/or reviews of utili ty service providers sh all be reimbursed to
each such employee incurring the expen se. Reimbursement of the
expenses shall be as set forth in procedures established by the
appointing authority.
22. The Department of Human Services:
Employees of the Depart ment of Human Services shall be
reimbursed for their actual and necessary expenses of travel,
lodging and subsiste nce incurred in the performance of their duties
for the purpose of escorting and transporting children or adults in
the care or custody of the Department:
a. for out-of-state visitation, care, treatment and
placement of a child welfare client,
b. for out-of-state treatment for or placement of an
adult protective services client,
c. for out-of-state treatment for or placement of a
resident of a state resource center, o r
d. for out-of-state treatment for or placement of an
individual with a developmental disa bility who is
living in the community in community residential
services.
Expenses claimed shall be approved by the appropriate Division
Administrator or Associate Di rector prior to reimbursement.
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23. The Banking Department:
The actual and necessary expens es of travel and lodging incurred
by the Commissioner and other employees of the Banking Department in
the performance of their duties for the Banking Department sha ll be
paid or reimbursed by the Banking Department to each employee
incurring the expenses. The expenses shall be approved by the
Banking Commissioner prior to payment or reimbursement.
24. Oklahoma Office of Homeland Security:
The actual and necessary e xpenses of travel, lodging, and
subsistence incurred by the Oklahoma Homeland Security Dire ctor, as
a result of the duties and responsibilities of the Director, shall
be paid or reimbursed by the Oklahoma Office of Homeland Security.
25. The Grand River D am Authority:
The actual and necessary expenses of travel a nd lodging incurred
by the Board of Directors and other employees of the district in the
performance of their duties for the Grand River Dam Authority shall
be paid or reimbursed by the district to each Director or employee
incurring the expenses. The exp enses shall be approved by the
General Manager of the Grand River Dam Authority prior to payment or
reimbursement.
26. The Native American Cultural and Educational Authority :
The actual and necess ary expenses incurred by the Directors and
employees of the Native American Cultural and Ed ucational Authority
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in performances of duties. The expenses shall be approved by the
Director prior to payment or reimbursement.
27. Oklahoma Department of Career and Technology Education:
The actual and necessary expenses incurred by the Director and
other employees of the Department, authorized by the Director, for
the purpose of business recruitment, training, and the provision of
technical assistance shall be re imbursed. Reimbursement of expenses
shall be in accordance with rules adopted by the State Board of
Career and Technology Education. Expenses claimed, prior to the
reimbursement, will be reviewed by the Board and individually
approved or disapproved.
C. The agencies listed in subsection B of this section shall be
required to report annually t he actual expenses excepted or exempted
from Sections 500.1 through 500.18 of this title to the Governor,
the President Pro Tempore of the Sen ate, and the Speaker of the
House of Representatives. The report shall be submitt ed no later
than the first day o f September following the end of each fiscal
year.
SECTION 11. AMENDATORY 74 O.S. 2021, Section 2202, is
amended to read as follows:
Section 2202. A. It shall be the purpose of the Commission and
the Department to:
1. Conserve and protect the parkland under the control of the
Commission;
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2. Oversee the operation and mainten ance of the state's lodges
and golf courses;
3. Promote tourism by publicity and dissemination of
information;
4. Assist in promotion of events sponsored by municipalities,
associations, and organizations commemorating sp ecial events of
local or historical interest;
5. Educate the public on the peo ple, places, events, cu lture,
and history of Oklahoma; and
6. Function in an advisory capacity to the Governor, State
Legislature, state agencies, municipalities, and to privat e
organizations on matters pertai ning to tourism and recreation.
B. The Commission Executive Director shall determine or set
policy for the Department and shall determine the broad plans and
programs necessary to accomplish the duties and responsibilities in
the Commission Department.
SECTION 12. AMENDATORY 74 O.S. 2021, Section 2205, is
amended to read as follows:
Section 2205. The Commission Executive Director shall prepare
and submit to the Governor and to the Legislature on the first day
of each legislative ses sion a report of the activities of the
Department, together with all information and data in the possession
of the Department as the Commission Executive Director shall deem of
value to the Governor, the Legislature and the people of the State
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of Oklahoma. Each report may contain recommendations for
legislation as the Commission Executive Director may deem necessary
to give full effect to all the provisions of the Oklahoma Tourism,
Parks and Recreation Enhancement Act .
SECTION 13. AMENDATORY 74 O.S. 2021, Section 2207, is
amended to read as follows :
Section 2207. Subject to the policies and rules of the
Commission, the The Executive Director shall:
1. Organize the Department in a manner to efficiently achieve
the objectives of the Commission Department;
2. Prepare and submit p lans for administering the programs of
the Commission Department;
3. Prepare a personnel schedule, employ personnel, define
duties, appoint technicians and consultants, and fix salaries or
compensation;
4. Administer all policies formulated and adopted b y the
Commission Department;
5. Enter into leases, grant easements and execute su ch
instruments as in the judgment of the Commission are necessary or
convenient to the exercise of those powers and duties of th e
Commission Department pursuant to the Oklahoma Tourism, Parks and
Recreation Enhancement Act. The Executive Director shall pr ovide a
monthly report to the Commission Department of actions taken as a
result of such delegation;
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6. Develop and implement a pay incentive plan for employees of
the Department. Incentive pay s hall not be included in the base
salary of an employee, and shall be based on the goals and
eligibility established by the Commission Executive Director on an
annual basis. Incentive pay shall not exceed ten percent (10%) of
the salary of each eligible employee or the total change in improved
financial performance for each facility over the previous fiscal
year. Such compensation shall not be subject to the requirements of
Section 840-2.17 of Title 74 of the Oklahoma Statutes this title.
The Commission Department shall promulgate rules for the
implementation of the plan; and
7. Authorize any division of the Department to sell advertising
in any of the publications of the division, on division property on
which advertising is sold i n the tourism industry, or on its
website,; provided that such advertising shall b e approved by the
Division Director or designee prior to acceptance for publication.
The sale of advertising and negotiation of rates for the advertising
shall not be subject to the Central Purcha sing Act or the
Administrative Procedures Act.
SECTION 14. AMENDATORY 74 O.S. 2021, Section 2208, is
amended to read as follows :
Section 2208. The Executive Direct or may authorize the use of
revolving fund income for entertainment a nd promotion expenses of
the Department,; provided that the expenses are directly related to
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business development for state -operated or state-owned facilities
and the furtherance of touris m in Oklahoma. In all cases, the
expenses shall be approved in advan ce by the Executive Director, be
audited by the fiscal offi cer for the Department on a monthly basis,
and submitted to the Commission as an item for information.
SECTION 15. AMENDATORY 74 O.S. 2021, Section 2210, is
amended to read as follows:
Section 2210. The Executive Director is hereby authorized to
employ an attorney as needed, within the total employee limit
authorized for the operation of the Department, on a full- or part-
time basis, to advise the Commission, the Executive Director and
other department personnel on legal matters and to appear for and
represent the Commission Department and the Executive Director in
administrative hearings and other legal acti ons and procedures
related to their officia l duties. Upon the reques t of the
Commission or the Executive Director, it shall be the duty of the
Office of the Attorney General to give an official opinion,
prosecute, and defend actions of the Commission or D epartment.
SECTION 16. AMENDATORY 74 O.S. 2021, Section 2211, is
amended to read as follows :
Section 2211. There are hereby created within the Oklahoma
Tourism and Recreation Department the Division of State Parks, the
Travel Promotion Division, "Oklahoma Today Magazine ", and the
Division of Administ rative Services; provided, however, the
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Commission Executive Director shall have authority, by resolution,
to create other divisions and may, by resolution, combine or abolish
any or all such divisions, as deemed to be necessary to c arry out
its duties under the Oklahoma Tourism, Parks and Recreation
Enhancement Act.
SECTION 17. AMENDATORY 74 O.S. 2021, Section 2212, is
amended to read as follows :
Section 2212. The Commission Department shall have the
authority to exercise the follow ing powers, rights and privileges
related to state parks:
1. Have the exclusive possession and control of, and to operate
and maintain for the benefit of the people of the State of Oklah oma
all state parks and all lands and other pr operties now or hereaft er
owned or leased by the state or Commission for park or r ecreational
purposes;
2. Acquire by purchase, exchange, lease, gift , condemnation, or
in any other manner and to maintain, use and operate any and all
property, real, person al or mixed, necessary or convenient to the
exercise of the powers, rights, privil eges and functions conferred
upon it by the Oklahoma Tourism, Parks and Recreation Enhancement
Act. Title to all such property shall be vested in the State of
Oklahoma, although such property is s ometimes herein referred to as
property "of the Commission Department". The power of condemnation
herein granted shall be exer cised in the manner p rovided by the
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general laws of the stat e for the condemnation of property by the
state;
3. Subject to the p rovisions of the Oklahoma Tourism, Parks and
Recreation Enhancement Act, from time to time lease, without
restriction as to ter m, any property which the Commission Department
shall determine to be necessary or convenient to more full y carry
into effect the duties and powers of said Commission Department; and
4. Acquire, conserve, protect, construct, extend, reduce,
improve, maintain and ope rate any and all facilities of a ll kinds
which in the judgment of the Commission Executive Director will
provide recreational or other facilities for the benefit of the
public, or which are necessary or convenient to the exercise of the
powers of the Commission Department.
SECTION 18. AMENDATORY 74 O.S. 2021, Section 2213, is
amended to read as foll ows:
Section 2213. The Commission Executive Director may contract
for the study, analysis, and planning as reasonably necessary to aid
in determining the feasibility of leasing, selling or privately
managing or developing the property or facilities under the control
of the Commission Department. The Commission Department shall be
exempt from the competitive bidding requirements of the Oklahoma
Central Purchasing Act for the purpose of so liciting, negotiating,
and effectuating such a contract or contracts.
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SECTION 19. AMENDATORY 74 O.S. 2021, Section 2214, is
amended to read as follows :
Section 2214. A. Any person, natural or corporate, who submits
a bid on a contract for work or services, or for the furnishin g of
materials, equipment, or supplies, or for the sale of any other
thing of value where a contract is involved, shall submit, at the
time of contract execution, a performance bond in such form and
amount as may be required by the Commission Executive Director, or
any existing statutory provision. Any lessee leasing any portion of
a state park, lake, or recreation area under the authority of any
law shall submit a performance bond in such form and amount as ma y
be required by the Commission Executive Director. All such bonds
shall be in such form as is approved by law for other perfor mance
bonds made to the State of Oklahoma, an d shall be deposited with the
Secretary of State. This section is cumulative to ex isting law, and
is intended to require perform ance security for contr acts and leases
involving state parks, lakes, and recreatio n areas in those
instances where no such bond s or other securities are presently
required by law.
B. For the purpose of this se ction, performance bonds shall
include, but not be limited to, cash p ayments, cashier's checks and
irrevocable letters of credit .
SECTION 20. AMENDATORY 74 O.S. 2021, Section 2215, is
amended to read as follows :
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Section 2215. The Division of State Parks shall, subject to the
policies and rules of the Commission Department:
1. Conserve, preserve, plan, super vise, construct, enlarge,
reduce, improve, maintain, equip and operate parkland and pub lic
recreation facilities including, but not limited to, lodges, cabins,
camping sites, scenic trails, picnic sites, golf courses, boating,
and swimming facilities under the jurisdiction and control of the
Commission. All facilities in state parks shall b e reasonably
necessary and useful in prom oting the public use of state parks and
shall be in accord with the r esource management plan for the
respective park;
2. Supervise the management and use of state properties and
facilities under the jurisdiction of the Commission Department, with
an emphasis on conserving, protecting, and enhancing the natural,
ecological, historic, cultural, and other resources contained in
each park and to provide for the public enjoyment of and access to
these resources in a manner which wi ll protect them for future
generations;
3. Formulate, establish, maintain, and periodically review with
public participation a resource management plan for e ach state park.
The resource management plan, upon approval by the Commission
Executive Director, shall be considere d a guide for the development,
utilization, protection, and management of the st ate park and its
natural, cultural, historic, and recreatio nal resources;
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4. Authorize those employees in the Park Manager job family
classification series, as established by the Office of Management
and Enterprise Services, to maintain administrative con trol over all
facilities, programs, operations, services, a nd employees in the
park to which they are assigned; and
5. Enforce the rules and policies governing the use of and
conduct of patrons in all recreational facilities and properties of
the Commission Department. The Commission Department may adopt
rules to lease concessions in any state -owned facility if the
Commission Department deems it feasible.
SECTION 21. AMENDATORY 74 O.S. 2021, Section 2216, is
amended to read as follo ws:
Section 2216. Park Rangers, subject to the policies of the
Commission Department, shall:
1. Obtain a commission as an officer or employee pursuant to
the certification specified in Section 3311 of Title 70 of the
Oklahoma Statutes and by the Division of State Parks;
2. Secure the parks and property of the D epartment and maintain
law and order therein;
3. Maintain the powers of peace officers except the serving or
execution of civil process, have in all parts of the state the s ame
powers with respect to criminal matters and enforcement of the laws
relating thereto as sheriffs, highway patrolmen and police officers
in their respective jurisdictions and possess all immunities and
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matters of defense now available or hereafter made available to
sheriffs, the highway patrol, and police officers in any suit
brought against them resulting from acts done in the course of their
employment;
4. Possess law enforcement jurisdiction over state pa rks,
including all facilities located therein;
5. Serve a probationary period of twelve (12) months. The
Division of State Par ks Director may extend the probationary period
for up to three (3) additional months provided that the employee and
the Office of Management and Enterprise Services are notif ied in
writing as to such action and the reasons therefor. At any time
during a probationary period the employment of a park ranger may be
terminated in accordance with Department procedure and at the
discretion of the Director of State Parks. Retention of the
employee, after expiration of the probationary period, shall entitle
the employee to be classified as a permanent employee;
6. Provide law enforcement protection and enforcement pursuant
to the terms of interlocal agreements authorized by the Commission
Department with other entities of government or federally recognized
tribes in the state; and
7. Remain in the Oklahoma Law Enforcement Retirement System if
promoted to the Park Manager job family classi fication series,
provided they maintain their certification specified in Section 3311
of Title 70 of the Oklahoma Statutes, perf orm the requisite training
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required by the Chief Park Ranger, and meet all other requirements,
policies, and rules of the Depart ment and laws of the state.
SECTION 22. AMENDATORY 74 O.S. 2021, Section 2219, is
amended to read as foll ows:
Section 2219. A. The Commission Department may offer for sale,
sell and execute oil and gas leases, and other mineral and mining
leases, on any of the lands of the state under the control an d
supervision of the Commission, Department; provided, the development
of land for the purpose leased shall not unduly interfere with the
purpose for which the land is being used by the st ate.
B. The Commission Department may promulgate additional rules,
as are necessary and for the best interest o f the state to
facilitate the sale of the leases. The Chair of the Commission
Executive Director shall execute the leases for and on behalf of the
Commission Department, and the Chair Executive Director shall be
liable on the official bond for failure to faithfully disch arge such
duties. The sale of le ases shall be made upon the ba sis of a
retained royalty of not less than one -eighth (1/8) of all oil, gas,
casinghead gas, and other minerals produced from the land s covered
by the leases and any additional cash bonus procu red. Provided,
however, if the state owns less than one hundre d percent (100%) of
the oil, gas, casinghead gas and other minera ls covered by any such
lease, the royalty reta ined shall not be less than one-eighth (1/8)
of the mineral interest.
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C. All leases shall contain a provision that in the event of
the discovery of natural gas, the gas shall be furnished free of
charge to any state institution now or hereafter located up on the
lands covered by the lease. Leases shall be sold only after
advertisement for a period of three (3) weeks i n a legal newspaper
published and of general circulation in the county in which the
lands are located. A sale shall be made to the highest a nd best
bidder and all bids shall be in sealed envelopes which shall be
opened and considered at the same time. Th e Commission Department
may reject any and all bids and readvertise any leases for sale.
D. Revenues derived from the sale of oil and gas le ases and
other mineral leases shall be dedicated to the improvement of state
park facilities and property to include, but not limited to, the
conservation, protection, and rehabilitation of state parkland, the
preservation of historic properties under the jurisdiction of the
Commission Department, and master planning of state park prope rties.
SECTION 23. AMENDATORY 74 O.S. 2021, Section 2220, is
amended to read as follows :
Section 2220. A. The Commission Department may prescribe and
collect reasonable rat es and fees pursuant to the provisions of this
section for the services, facilities and commodities rendered by all
property of the Commission Department.
1. The Commission Department may establish maximum rates for
rooms at the state lodges and cabins, f or recreational activities,
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for recreational vehicle s and camping sites, and for community
facilities under control of the Commission Department. The method
whereby the rates are determi ned shall be promulgated pursuant to
Article I of the Administrative Procedures Act. At least twenty
(20) days prior to the adoption or approval of any rate changes by
the Commission, the Department shall submit a copy of the pro posed
rates, for informati onal purposes, to the Governor, Speaker of the
House of Representativ es and President Pro Tempore of the Senate.
Any change in the rates during the year when the Legislature is not
in session shall be reported in writing to the G overnor, Speaker of
the House of Representatives and President Pro Tempo re of the Senate
within five (5) business days of such Commission action.
2. The Commission Department may establish maximum charges for
all activities at state -owned golf courses. The charges may vary
among the different golf courses according to the pr actices of the
golf industry. The method whereby the maximum charges are
determined shall be in accordance with rules promulgated pursuant to
Article I of the Administrative Procedures Act. At least twenty
(20) days prior to the adoption or approval of a ny rate changes by
the Commission, the Department shall submit a copy of su ch proposed
charges, for informational purposes, to the Governor, Speaker of the
House of Representatives and President Pro Tempore of the Senate.
3. The Commission Department may establish entrance or d ay-use
charges for the state park system. All monie s collected from
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entrance or day-use charges shall be used at the state parks where
the charges were collected. The Commission Department may establish
an annual pass, or other var ied passes as appropria te to that park,
for visitors. The method whereby t he maximum charges are
determined, sold, and collected shall be in accordance with rules
promulgated pursuant to Article I of the Admin istrative Procedures
Act. At least twenty (20) days prior to the ado ption or approval of
any rate changes by the Commission, the Department shall submit a
copy of such proposed charges, for informational purposes, to the
Governor, Speaker of the House of Representatives and President Pro
Tempore of the Senate.
4. Fees shall be promulgated pursuant to Article I of the
Administrative Procedures Act.
5. Fees may reflect the seasonal usage of the parks and
facilities and for promotional purposes and goals.
B. All fees, licenses and other charges shall be posted in a
convenient place in each park. Every person using any of th e
facilities in a park shall be charged the same fees, licenses and
every other charge except:
1. Residents of this state sixty -two (62) years of age and over
and their spouses sha ll not be charged any a dmission fees for
entrance into any state -owned and -operated park. The Commission
Department may promulgate rules establishing different fees for
residents and nonresidents sixty -two (62) years of age and over.
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Identification may be established by prese ntation of proof of age,
residency, a state driver l icense, a state license for
identification only, birth certificate or any other form of
identification authorized by the Commission;
2. Individuals who have been certified as total ly disabled
under state or federal law and their spouses shall be entitled to a
fifty percent (50%) reduction of fees which apply to recreational -
use facilities;
3. Children's groups, volunteer groups as speci fied by the
Commission Department, or governmental entities that prov ide
beneficial services at the facility for which th e fee may be reduced
or waived; and
4. Special discount rates as authorized in this section may be
waived for individuals who are memb ers of a group being provided a
special group rate as allowed by law.
C. The failure to collect such fees, licenses and other charges
shall subject an employee of the Commission Department to a fine of
Twenty-five Dollars ($25.00) for each and every viola tion.
SECTION 24. AMENDATORY 74 O.S. 2021, Section 2221, is
amended to read as follows :
Section 2221. A. The Commission, through the Department, is
authorized to promote state -owned, -leased, or -operated facilities.
The Department may utilize specific promotion programs such as the
provision of complimentary rooms, package-rate plans, group rates,
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guest incentive sales programs, entertainment of prospective guests,
employee-information programs, golf promotional programs as well as
other sales and promotion programs considered acceptable in the
hospitality industry, in the travel industry, or the regional
magazine industry are approved as necessary advertising and
promotion expenses.
B. In order to best carry out the duties and resp onsibilities
of the Department and to serve the people of the state in the
promotion of tourism and tourism economic developme nt, the
Department may enter into partnerships for promotional programs and
projects with a private person, firm, corporation, org anization or
association. The Department may enter into contracts or agreements
under terms to be mutually agreed upon to car ry out the promotional
programs and projects, excluding the advertising contract by the
Department which utilizes the Tourism Prom otion Tax or acquisition
of land or buildings. The contracts or ag reements may be negotiated
and shall not be subject to the provisions of the Oklahoma Central
Purchasing Act or the Public Competitive Bidding Act of 1974.
C. All contracts or agreements e ntered into as partnerships for
promotional projects or programs by the Department shall be approved
by the Commission Executive Director.
SECTION 25. AMENDATORY 74 O.S. 2021, Section 2222, is
amended to read as follows :
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Section 2222. A. The Commission Department may sell real
estate owned by the State of Oklahoma or the Department that is
surplus to its use and under the jurisdiction of the Commission
Department located within McCurtain County and situated within the
Cedar Creek area of Hochatown State Park.
B. The Commission and Department shall not be subject to the
provisions of Section 129.4 327 of Title 74 61 of the Oklahoma
Statutes for the sale. All monies received fr om the sale of the
property, except those monies nece ssary to pay the expenses incurred
pursuant to the sale, shall be depos ited in the Oklahoma Tourism and
Recreation Department Revolving Fund 215 ("215 Fund"). Revenue
derived from such real estate sale deposited to the fund shall be
utilized for the benef it of Hochatown State Park or Beaver s Bend
State Park. Such real estat e sale shall not be subject to the
provisions of Sectio n 456.7 of Title 74 of the Oklahoma Statutes
this title.
SECTION 26. AMENDATORY 74 O.S. 2021, Section 2223, is
amended to read as follows:
Section 2223. A. The Commission Department may sell real
estate and personal property owned or acquired by the State of
Oklahoma or the Departmen t, now or in the future, and under the
jurisdiction of the Commission located within Marshall County and
situated within Texoma State Park.
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B. The sale of real estate and personal property authorized
pursuant to subsection A of this section shall be subje ct to all
existing easements and reservations o f record. The Commission or
Department shall transfer any interests held inc luding, but not
limited to licenses, operating permits and leasehold interests to a
subsequent purchaser.
C. The Commission and Department shall not be subject to the
provisions of Section 129.4 of Title 74 Section 327 of Title 61 of
the Oklahoma Statutes for such sale. All mon ies received from the
sale of these properties, except t hose monies necessary to pay the
expenses incurred pursuant to the sale, sha ll be deposited in the
Oklahoma Tourism and Rec reation Department Revolving Fund 215 ("215
Fund"). Revenue derived from suc h real estate and personal property
sale deposited to th e fund shall be utilized for the benefit of the
state park system. Such rea l estate and personal property sale
shall not be subject to the provisions of Section 456.7 of Title 74
of the Oklahoma Stat utes this title.
D. For every developed acre of land co ntaining recreational
vehicle campgrounds and other campgrounds that is sold pursuant t o
this section, an equivalent amount of repl acement land shall be
selected by the Oklahoma Tourism and Recreation Department in a
suitable area at Lake Texoma or in the vicinity, and developed to
provide comparable outdoor public recreation facilities for
operation as part of the Oklahoma state park system.
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SECTION 27. AMENDATORY 74 O.S. 2021, Section 2224, is
amended to read as follows :
Section 2224. The Commission Department may transfer to any
city, county, or other agency of government, which is a willing
recipient, its interest in real and pe rsonal property owned by the
State of Oklahoma or the Department and operated and maintained
under the jurisdiction of the Commission Department. Such real
estate transfers shall not be subject to Section 456.7 or 129.4 of
Title 74 this title or Section 327 of Title 61 of the Oklahoma
Statutes or any provision of state law relative to disposition of
real estate. Such real estate transfers shall be subject to the
following provisions:
1. The city, county or other agency recipient shal l agree to
accept the interest transferred by the state, accept respo nsibility
for the property, and use the real esta te for public recreation
purposes in accordance with the Land and Water Conservation Fund Act
of 1965, Public Law 88 -578, 78 U.S.C., Section 897;
2. The city, county or other agency recipient shall not disp ose
of the property unless substitute property is provided that is
equivalent in value and usefulness;
3. The Commission Department shall transfer the property to the
recipient by quit claim deed or other instrument as may be
appropriate;
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4. The consideration for the property transfer shall be the
agreement of the recipient to continue public recreation use of the
property and to manage the property without an operating subsidy
from the Department or Commission;
5. The real estate transfer shall be subje ct to all existing
easements and reservations of record; and
6. The Commission Executive Director shall provide written
notice to the President Pro Tempore of the Senate and the Speaker of
the House of Representatives detailing any such proposed transfer
agreement to be entered into pursuant to this sec tion no later than
thirty (30) days prior to the first day of the legislative session.
The Commission Department shall approve such propo sed transfer
during the legislative session to be effective at the be ginning of
the next fiscal year, contingent upon the approval of the proposed
transfer by the Legislature.
SECTION 28. AMENDATORY 74 O.S. 2021, Section 2225, is
amended to read as follows:
Section 2225. A. The Oklahoma Tourism and Recreation
Commission Department is encouraged to explore the potential
benefits of not-for-profit foundations for support of state parks.
Such support from a not -for-profit foundation shall not substitute
for the obligation of the state to support the na tural resources
infrastructure of the state, but shall serve only as a supplement to
state funding and as a means to further assist the Oklahoma Tourism
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and Recreation Depar tment in preserving the natural resources and
historical, educational, and cultural facilities of significance in
the state.
B. There is hereby authorized the establishment of a not -for-
profit state park foundation for the purpose of encouraging
contributions by private individuals, companies, foundations,
corporations, and others in th e private and public sectors.
Contributions shall be utilized for the support, preservation, and
development of state park properties. This support, preservation,
and development shall include, but is not limited to, preservation
of historic facilities, development of educational and interpretive
programs, materials, and other means of support.
C. As used in this section, a "state park foundation " means any
company, trust, corporation, or association:
1. That solicits money or property in the name of an y state
park under the jurisdiction of the Co mmission; and
2. Which is exempt from federal income taxes.
D. The Commission Department may refuse to accept any grant,
award, or donation of real or personal property offered by or
through a state park found ation.
E. No employee of the Department shal l be a voting member of a
state park foundation board. Members of the Commission may serve on
the board of a state park foundation, but sh all not constitute a
majority of the members of the board of the foundat ion. No member
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of the Commission serving on the board or an employee of the
Department serving as an ex officio member of the board shall be
compensated by the foundation for service as a member of the
foundation board.
F. A state park foundation created pursuant to this section
shall not be an entity of state government. No state funds shall be
deposited in any account owned or controlled by a state park
foundation.
SECTION 29. AMENDATORY 74 O.S. 2021, Section 2226, is
amended to read as follows:
Section 2226. The Oklahoma Transportation Commission shall
construct, maintain and repair those roads and parking areas in
state parks as specified by the Commission Executive Director.
SECTION 30. AMENDATORY 74 O.S. 2021, Section 2228, is
amended to read as fo llows:
Section 2228. The Oklahoma Wildlife Conservation Commission and
the Oklahoma Tourism and Recreation Commission Department may
authorize, by written agreement or agreements between the
Commissions Commission and Department, hunting in designated state
parks or designated portions of state parks under the administrative
control of the Oklahoma Tourism and Recreation Commission
Department, excluding Lake Murray St ate Park. The agreement or
agreements shall be made with the advice of the Attorney General 's
office and shall contain the duration, terms and conditions of the
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hunting authorization, a list of species to be hunted and permitted
firearms, a map designatin g the specific land areas to be open to
hunting and shall provide for the administration of the designated
area or areas by the Oklahoma Wildlife Conservation Commission for
so long as hunting is authorized under the provisions of the
agreement or agreemen ts. All areas to be open to hunting shall b e
clearly marked by signs to designate the open and closed areas.
SECTION 31. AMENDATORY 74 O.S. 2021, Section 2229, is
amended to read as follows :
Section 2229. The Commission Executive Director is authorized
to negotiate with the duly constituted authorities of the municipal
corporation of Davis, in Murray County, to purchase from the
municipal corporation the property now owned by it and known as
Turner Falls, and other contiguous proper ties in Murray County, for
a state park, provided that said municipal authorities shall, by
resolution, declare said property no longer suitable for municipal
park purposes and beyond the fiscal means of the corp oration
properly to maintain as such. In the event of said purchase, the
property shall be known as Turner Falls State Park.
SECTION 32. AMENDATORY 74 O.S. 2021, Section 2232, is
amended to read as follows :
Section 2232. The Commission, through the Department, may
sponsor, promote and implement an annual statewide tou rism and
recreation industry conference to promote the tourism and recreation
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industry. The Department is authorized to partner with private
entities for the administration and execution of the conference.
The Department is hereby authorized to charge re gistration and
exhibit space fees necessary to cove r the costs of the conference
and shall deposit the fees plus any other conference proceeds,
including donated funds, into an agency spe cial account to be
created by the Special Agency Account Board. Expe nditure of monies
from the agency special account s hall be for purposes incidental to
the tourism and recre ation industry conference , and be approved by
the Commission Executive Director.
SECTION 33. AMENDATORY 74 O.S. 2021, Section 2234, is
amended to read as follows:
Section 2234. A. The Department, with the approval of the
Commission Executive Director, shall develop rules to administer any
of the matching funds derived from the Departm ent for the allowable
expenditures of multic ounty organizations. The rules shall be
developed in accordance with this section and shall be adopted by
the Commission Department. As used in the Oklahoma Tourism, Parks
and Recreation Enhancement Act:
1. "Multicounty organization" means a nonprofit organization
which satisfies the following requireme nts:
a. its primary purpose is to promote the tourism
attributes of a multiple -county region which is
identified as a tourism "country" or "lake" area, or
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any other organization participating in the matching
funds program on July 1, 2001,
b. it is governed by a board of directors elected by the
membership of the organization,
c. it is governed by a board of directors which equitably
represents the counties within the multiple-county
region,
d. it has an administrator of operations position who is
not an elected director,
e. it utilizes income from private sector sources as the
basis for funding its administrative and promotion
expenses, and
f. it has provided to the Department an independent and
certified financial audit for the preceding fiscal
year;
2. "Administrative expenditure" means expenditures for the
administration of fund raising and tourism promotion.
Administrative expenditures shall include salaries, payroll taxes,
insurance, personal services contracts, travel expenses not to
exceed the amounts provided in the State Travel Reimbursement Act,
rent, lease or purchase of facilities, office supplies, telephone
and electronic commu nications and multicounty organization audit
costs;
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3. "Allowable expenditures" means expenditures by a multicounty
organization submitted to the Department for matching funds in
accordance with the provisions of this section and the rules
promulgated by the Commission Department;
4. "Discretionary expenditure" means those expenditures by
multicounty organizations for which ma tching funds are not
requested. Discretionary expenditures are not subject to the
limiting provisions of this section and the rule s promulgated by the
Commission Department;
5. "Independent and certified audit" means a financial audit
performed in accordance with G enerally Accepted Government Auditing
Standards, issued by the Comptroller General of the United States.
The scope of the audit sh all, at a minimum, consis t of a statement
of revenue and expenditures and shall include the specific
requirements identified in this section and the rules promulgated by
the Commission Department; and
6. "Tourism promotion expenditure " means an expenditure for the
preparation, printing, publication and distribution of media
advertising in brochures, news and publicity materials , travel
posters, mailing pieces, newspapers, magazines, television, radio,
billboards, advertising and promotional specialties, ex hibit space
and displays at trade shows and conventions and the expenses for
operating such exhibits, including travel expens es, not to exceed
amounts provided for in the State Travel Reimbursement Act , the cost
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of a travel writer, travel agent, tour broke r and tour operator
familiarization tours into the State of Oklahoma, and registration
fees for an annual tourism and recreat ion industry conference with
the purpose of attracting tourists or generating travel or tourism
activity within the state or multic ounty organization areas. The
amount expended within the multicounty organization area for tourism
promotion shall not excee d fifty percent (50%) of the total of
allowable expenditures and allocated matching funds.
B. It is the intent of the Legislature to encourage the
promotion of tourism by multicounty organizations in cooperation
with the statewide program of the Department. Allowable
administrative expenditures by multicounty organizations shall not
exceed forty percent (40%) of the lesser of either the total amount
allocated, including reallocations, to the organization from
appropriations made by the Legislature or the total of the matched
expenditures. The limitation on administrative expenditures applies
only to those expenditures submitted for matching with state-
appropriated funds.
C. With the exception of those organizations identified as
"country" or "lake" associations participating in the matching funds
program on July 1, 2001, not more than one organization representing
a recognized "country" or "lake" area shall be eligible to receive
matching funds.
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D. Matching funds for the allowable expenditures shall be b ased
upon actual expenditures by the multicounty organization less any
discount, refund, or rebate to the multicounty organization.
Multicounty organizatio ns shall use a State of Oklahoma Notarized
Claim Form with all applicable statements and affidavits to request
matching funds for the allowable expenditures.
E. In order for a multicounty organization to receive matching
funds for expenditures incurred to publish and distribute a
promotional periodical emphasizing the attractions, landmarks,
activities, geographical features and other characteristics of
counties within the multicounty organization 's area of
responsibility, the mult icounty organization shal l be subject to the
following requirements:
1. Maintain an account with a financial institution sub ject to
the regulatory control of a state or federal financial regulatory
entity for the deposit and withdrawal of all funds collec ted by or
on behalf of the multicounty organization;
2. Prepare an annual Statement of Income and Expense showing
all deposits to the account maintained with the financial
institution and all withdrawals from the account with the financial
institution for the period covered by th e annual income and expense
statement;
3. May enter into a contract with a person or legally organi zed
business entity for the solicitation of advertising revenue in a
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promotional periodical publication and for the publication and
distribution of the peri odical emphasizing the attributes of sites,
scenes, businesses and attractions located within the ar ea for which
the multicounty organization is responsible if:
a. the person or legally organized business entity
provides a detailed written disclosure to th e
multicounty organization of its actual costs incurred
in performance of the contract on a periodic basis
during the period prescribed in the contract for
performance which disclosure shall be at least
quarterly,
b. the multicounty organization ensures th at the actual
cost of publication for the promotional periodical is
printed in at least 10 -point type somewhere in the
body of the publication,
c. the multicounty organization ensures that the person
or legally organized business e ntity performing
services on behalf of the multicounty organization
identifies to the multicounty organization each
purchaser of advertising in the multicounty
organization promotional periodical, the amount of
money paid for advertising in the promotional
periodical, and the size or other relevant
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characteristics of the material purchased for
publication in the promotional peri odical,
d. the person or legally organized business entity
soliciting advertising revenue may not advance or
deposit their own fund s as a means of securing
matching state funds, and such acts shall be deemed as
fraud, subject to prosecution, and
e. the multicounty organization and the person or legally
organized business entity acting on behalf of the
multicounty organization both exe cute a statement,
upon a form to be prescribed by the State Auditor and
Inspector, under oath, that any funds being requested
from the Department for matching of an allowable
expenditure as authorized by this section represent an
amount of money equal to a n amount of money that ha s
previously been deposited into the account maintained
by the multicounty organization as of the da te the
request for matching funds is made. The statement
shall include the identity of each purchaser of
advertising in the multic ounty organization
promotional periodical and the amount of money paid
for advertising in the periodical together with the
other information required by subparagraph c of this
paragraph. The statement shall also include a
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verification that the funds colle cted by or on behalf
of the multicounty organization were expended for:
(1) a legitimate operational expense of the
multicounty organization,
(2) the purpose of obtaining matching funds as
authorized by this section, or
(3) a promotional event sponsored, c onducted or
organized by the multicounty organization for
attracting attention to a specific location or
occasion in furthera nce of a purpose of the
multicounty organization.
F. 1. Each multicounty organization shall prepare and submit
appropriate plans, including a budget work program, for the ensuing
fiscal year to the Commission Department. Expenditures for
obligations incurred before the Commission Department approves the
multicounty organizations ' plans and budget work programs and any
changes thereto, and expenditures not in accordance with the
multicounty organizations' plans and budget work programs, shall not
be allowable expenditures. The approval by the Commission
Department of a multicounty organization budget work program
constitutes a firm commitment of the multi county organization's
appropriated funds, subject to any fiscal year limitation, exc ept
that the Commission Department may reallocate unobligated funds as
provided by law.
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2. Any funds collected on behalf of the multicounty
organization for advertisements in the promotional periodical shall
be paid to the multicounty organization within twenty (20) working
days after collection by any entity acting on behalf of the
multicounty organization for solicitation of advertising revenue.
The multicounty organizat ion shall deposit any funds paid to it
within five (5) working days of receipt .
G. Each multicounty organization shall be required to submit an
annual independent and certified audit of the multicounty
organization. The audits shal l encompass all funds a vailable to the
multicounty organization. The audit report shall include a
statement of Income and Expense and, at a minimum, encompass all
monies received by the multicounty organization and all matched
expenditures reimbursed to t he multicounty organiza tion. Revenue
reported shall include all advertising revenue received and define
all other individual sources of revenue. The names and addresses of
and amounts received from each advertiser shall be included as an
unaudited supplemental schedule to the audit report.
H. The person or entity engaged to perform the audit required
by subsection G of this section shall:
1. Not be the same person or entity that performs bookkeeping,
controllership or management functions, or other acco unting services
for the multicounty organization;
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2. Be registered with the Oklahoma Accountancy Board and
possess a license to practice; and
3. File a copy of the audit performed on behalf of a
multicounty organization with the State Auditor and Inspect or.
I. Failure to submit an audit report shall be cause for
withholding of matching funds to a multicounty organization. Audit
reports showing matching by any amount in excess of the allowable
expenditures, matching for unallowable expenditures, or
noncompliance with statutes, procedures prescribed herein, or in
rules promulgated by the Commission Department shall be cause for
withholding of matching funds until such time as restitution is made
to the Department.
J. The State Auditor and Inspector shall conduct an office
examination of the audits filed pursuant to paragraph 3 of
subsection H of this section on an annual basis. The examination
shall include analysis of the quality of the audit performed and
shall include written recommendations for modifi cations in future
audits conducted on behalf of a multicounty organization.
SECTION 34. AMENDATORY 74 O.S. 2021, Section 2240, is
amended to read as follows :
Section 2240. A. The Oklahoma Tourism and Recreation
Department shall est ablish a cost and reven ue reporting system for
all budget activities and subactivities of the Depa rtment.
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B. 1. The State Auditor and Inspector or a designated agent of
the State Auditor and Inspector shall perform an independent audit
of the Department annually. The audit s hall be conducted in
accordance with the Generally Accepted Government Audit ing Standards
as issued by the Comptroller General of the United States. The cost
of the audit shall be borne by the Depa rtment.
2. Matters to be considered in determining the ty pes of
activities to be audited and the scope of the audit shall be based
on an analysis of:
a. the date and results of prior audits, reviews, and/or
independent studies,
b. financial exposure,
c. potential loss and risk,
d. requests by the Commission and/ or executive management
of the Department,
e. major changes in operations, p rograms, systems, and
controls, and
f. opportunities to achieve operating benefits.
The audit may be conducted in accordan ce with Section 213.2 of
Title 74 of the Oklahoma Statutes this title.
3. The internal auditors of the Department shall conduct
internal audits of Department facilities and programs pursuant to
the provisions of Section 228 of Title 74 of the Oklahoma Statutes
this title.
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4. The audits required by this section shall be completed on or
before December 31 of each year and shall, upon distribution, become
public record.
C. Any person who intentionally alters or destroys records
needed for the performance of an audit as provided for in this
section or intentionally causes or directs a subordinate to do such
acts, shall be subject to immediate removal from offic e or
employment.
D. The Commission Executive Director shall provide notice to
Department employees affected by this secti on of the prohibited acts
and the penalties pursuant to the provisions of this section.
SECTION 35. AMENDATORY 74 O.S. 2021, Section 2243, is
amended to read as follows :
Section 2243. Expenditure of funds for all purchases in excess
of Fifty Thousand Dollars ($50,000. 00) shall not be contracted
except upon approval of a majority of the Oklahoma Tourism and
Recreation Commission Department. The amount exempted by paragraph
1 of subsection A of Section 85.7 of this title shall apply to each
separate department facility as identified by the annual budget
submitted to the Office of Management and Enterprise Services
pursuant to Section 34.42 of Title 62 of the Oklahoma Statutes.
SECTION 36. AMENDATORY 74 O.S. 2021, Section 2244, is
amended to read as follows:
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Section 2244. A. The Department shall be exempt from any
provision of Sections 85.1 th rough 85.45k of this title requiring
purchases to be made pursuant to a statewide contract for individual
purchases of less than Two Thousand Five Hundred Dollars ($2,500.00)
when the following conditions are met:
1. The Department documents a cost saving s to the state
resulting from the purchase of the item(s) from a vendor not on the
statewide contract;
2. The exempted purchase is made in the county where the
purchasing facility, as identified in subsection B of this section,
is located or in an adjacen t county; and
3. The exempted purchase is approved by the Executive Director
or a designee prior to the purchase.
B. The Commission Department shall promulgate rules,
procedures, and forms necessary to adequately document the dollar
savings resulting fro m the application of this section.
C. The exemption provided for in this section shall apply to
individual department entities identified by the annual budget
submitted to the Office of Management and Enterprise Services.
D. The Department shall not be r equired to purchase furniture,
fixtures and equipment, and soft goods associated with the decor of
the state parks, lodges, golf , and tourism information center
facilities from Oklahoma prisons or reformatories.
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E. Nothing in this section shall be constru ed to authorize bid
splitting as prohibited by the Oklahoma Central Purchasing Act.
SECTION 37. AMENDATORY 74 O.S. 2021, Section 2245, is
amended to read as follows:
Section 2245. A. The Department may place uncollectible
accounts receivable in a special account for accounting and
budgetary purposes. An "uncollectible account receivable " shall
have been uncollectible or due for at least one (1) year and possess
at least one of the following characteristics:
1. The debtor has been discharged from bankruptcy or is
insolvent;
2. The debtor cannot be found or is deceased; or
3. A collection agency has indica ted its inability to collect
the debt.
B. If uncollectible accounts receivable are placed in a special
account, the following p rocedures shall be observed:
1. The proposed uncollectible accounts shall be forwarded to
the Department by the appropriate div isions. The Department shall
then submit the accounts to the Commission Department and to the
State Auditor and Inspect or once each fiscal year for placement into
the special uncollectible account; and
2. The Commission Executive Director and the State Auditor and
Inspector shall certify those accounts which meet the requirements
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of this section as "uncollectible accounts receivable" and shall
place those accounts in the special account created by this section.
C. The special uncollectible accoun ts receivable account shall
not be used for budgetary purposes in determining the assets of the
Department or any of its divisio ns. The Department shall take all
reasonable steps to collect all accounts, including those placed in
the special account by op eration of this section.
SECTION 38. AMENDATORY 74 O.S. 2021, Section 2248, is
amended to read as follows :
Section 2248. The State Treasurer of Oklahoma shall be ex
officio Treasurer of the Commission Department for all purposes of
the Oklahoma Tourism, Parks and Recreation Enhancement Act. All
official action taken by the Commission Department shall be taken
through the adoption of appropriate resolutions.
SECTION 39. AMENDATORY 74 O.S. 2021, Section 2249, is
amended to read as follows:
Section 2249. The monies of the Commission Department, except
monies appropriated by the Legislatu re, shall be disbursed only by
checks, drafts, orders or other instruments signed by such pers ons
as shall be authorized to sign the same by the bylaws or by
appropriate resolution. The general manager, if any, Executive
Director and all other officers, a gents and employees of the
Commission Department who shall be charged with the collection,
custody, or payment of any funds of t he Commission Department shall
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give bond conditioned on the faithful performance of their duties
and an accounting for all funds and properties of the Commission
Department coming into their respective hands . Each bond, or if a
blanket bond shall be presc ribed, shall be in a form, amount, and
with a surety approved by the Commission Executive Director, and the
premiums on the bonds shall be paid by the Commission Department and
charged as an operating expense.
SECTION 40. AMENDATORY 74 O.S. 2021, Section 2250, is
amended to read as follows:
Section 2250. The Commission Department shall keep complete and
accurate accounts of all transactions and affairs of the Commission
Department, conforming to approved methods of bookkeeping. Such
accounts and the contracts, documents and records of the Commission
Department shall be kept at its principal office and shall be open
to public inspection at all reasonable times.
SECTION 41. AMENDATORY 74 O.S. 2021, Section 2251, is
amended to read as follows:
Section 2251. There is hereby created in the State Treasury a
revolving fund for the Department to be designated the "Oklahoma
Tourism and Recreation Department Revolving Fund ". The fund shall
consist of all monies received by the Department pursuant to the
provisions of this act, monies derived from the sale or conveyance
of real property under the jurisdiction of the Commission
Department, and interest attributable to investment of money in the
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fund. The revolving fund shall be a continuing fund not subject to
fiscal year limitations and shall be under the administrative
direction of the Departmen t. Expenditures from the fund created by
this section shall be for the administration, operation, and
maintenance expenses of the Department, for purchase of real
property, and shall be made pursuant to the laws of this state and
the statutes relating to the Department. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 42. AMENDATORY 74 O.S. 2021, Section 2253, is
amended to read as follows :
Section 2253. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Tourism and Recreation Department to
be designated the "Tourism and Recreation Environmental Loan
Proceeds Revolving Fund ". The fund shall be a continuing fund, not
subject to fiscal year limitation s, and shall consist of all monies
received from the State Revolving Fund loan programs as administered
by the Oklahoma Water Re sources Board designated specifically for
the purposes of reimbursements, construction, repair, remediation,
or improvement of eligible facilities under the jurisdiction of the
Oklahoma Tourism and Recreation Commission Department. The fund
shall be under the administrative direction of the Oklahoma Tourism
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and Recreation Department. All monies accruing to the credit of the
fund may be budgeted and expended by the Oklaho ma Tourism and
Recreation Department for the purpose of constructing, repairing,
remediating, improving loan eligible projects, reimbursing the
Department for eligible planning and design expenses, or paying for
associated loan financing requirements. Exp enditures from the fund
shall be made upon warrants issued by the State Treasurer a gainst
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
SECTION 43. AMENDATORY 74 O.S. 2021, Section 2256, is
amended to read as follows:
Section 2256. A. The Commission Department shall have the
power and is authorized to issue negotiable bonds in anticipation of
the collection of all or any part of its revenues, not to exceed
Five Million Dollars ($5,000,000.00), for the purpose of
constructing, reconstructing, improving, bettering or extending any
properties which it is authorized to maintain or operate hereunder.
The Commission Department shall pledge all or any part of the
revenues derived from the operation of the parks controlled and
operated by the Commission Department to the payment of the interest
and principal of such bonds.
B. The bonds authorized by this section s hall be authorized by
resolution of the Commi ssion the Executive Director and may, as
provided in such resolution:
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1. Be issued in one or more series;
2. Bear such date or dates and may mature at such time not
exceeding twenty-five (25) years from their respective dates;
3. Bear interest at a rate or rates not exceeding ten percent
(10%) per annum; and
4. Contain such ter ms, covenants and conditions.
C. The bonds authorized by this section may be sold in a manner
and upon terms as determined by the Commission Executive Director.
The interest cost yield to maturity of any issue of bonds shall not
exceed ten percent (10%) per annum, payable semiannually.
D. Any resolution authorizing the issuance of bonds under this
act may contain covenants including, but not limited to:
1. The purpose or purpos es to which the proceeds of the sale of
bonds may be applied, and the deposit , use, and disposition thereof;
2. The use, deposit, securing of deposits , and disposition of
the revenues of the Commission Department, including the creating
and maintenance of reserves;
3. The issuance of additional bonds payable from revenues of
the Commission Department;
4. The operation and maintenance of properties of the
Commission Department;
5. The insurance to be carried t hereon, and the use, deposit
and disposition of insurance monies;
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6. Books of account and the inspection and audit thereo f and
the accounting methods of the Commission Department;
7. The nonrendering of any free service by the Commission
Department except for promotional activities as deemed in thi s act;
and
8. The preservation of the properties of the Commission
Department so long as any of the bonds remain outstanding, from any
mortgage, sale, lease or other encumbrances not specifically
permitted by the terms of the resolution.
E. At the discretion of the Commission Executive Director, any
bonds issued under the provisi ons of this act may be secured by a
trust indenture by and between the Commission Department and a
corporate trustee, which may be any trust company or bank having the
powers of a trust company within the state. Any trust indenture may
pledge or assign the revenues from the operation of properties of
the Commission Department, but shall not convey or mortgage any
properties, except such revenues. Any trust indenture or any
resolution providing for the issuance of such bonds may contain
provisions for protecting and enforcing the rights and remedies of
the bondholders as may be reasonable and proper and not in violation
of law, including covenants setting forth the duties of the
Commission Department in relation to:
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1. The construction, improvement, mainte nance, repair,
operation and insurance of the improvements in c onnection with which
such bonds shall have been authorized;
2. The custody, safeguarding and application of all mon ies; and
3. The employment of consulting engineers in connection with
the construction or operation of such improvements.
F. It shall be lawful for any bank or trust company
incorporated under the laws of the state, which may act as
depository of the pro ceeds of bonds or of revenues, to furnish
indemnifying bonds or to pledge sec urities as may be required by the
Commission Department. Any trust indenture may set forth the rights
and remedies of the bondholders and of the trustee, and may restrict
the individual right of action by bondholders as is customary in
trust agreements or trust indentures securing bonds and debentures
of corporations. In addit ion to the foregoing, any trust indenture
may contain other provisions as the Commission Executive Director
may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out the provisions of any trust
indenture may be treated as a pa rt of the cost of operation of the
improvements for which the bonds are authorized.
G. Monies received pursuant to the authority of this act,
whether as proceeds from the sale of bonds or as revenues from the
operations of the properties which have been i dentified for bond
repayment purposes, sh all be deemed to be trust funds, to be held
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and applied solely as provided in this act. The resolution
authorizing the issuance of bonds of any issue, or the trust
indenture securing such bonds, shall provide that any officer to
whom, or any bank or trust company to which, the monies shall be
paid, shall act as trustee of the monies and shall hold and apply
the same for the purpose hereof, subject to such regulations as this
act and such resolution or trust indentur e may provide.
SECTION 44. AMENDATORY 74 O.S. 2021, Section 2257, is
amended to read as follows:
Section 2257. The Commission Executive Director shall have the
power and is authorized to refund the outstanding series of the
revenue bonds authorized by this act. The Commission Department
shall pledge to the payment o f the principal and interest of the
refunded bonds all or any part of the revenues derived from the
operation of the parks and lodges controlled and operated by the
Commission Department. If not prohibited by t he terms of the
revenue bonds, interest earni ngs on construction funds may be
utilized by the Commission Department as provided by law.
SECTION 45. AMENDATORY 74 O.S. 2021, Section 2258, is
amended to read as follows :
Section 2258. Bonds bearing the signatures signature of
Commission officers the Executive Director on the date of the
signing thereof shall be valid and bin ding obligations,
notwithstanding that before the delivery of the bonds, any or all
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the persons whose signatures appear ther eon shall have ceased to be
officers of the Commission Executive Directors of the Department.
The validity of the bonds shall not be dependent upon nor affected
by the validity or regularity of any proceedings relating to the
construction, reconstruction, improvement, betterment or extension
of the properties for which the bonds are issued. The resolution
authorizing the bonds may pr ovide that the bonds shall contain a
recital that they are issued pursuant to this act, which recital
shall be conclusive ev idence of their validity and of the regularity
of their issuance.
SECTION 46. AMENDATORY 74 O.S. 2021, Section 2259, is
amended to read as follows :
Section 2259. A. The Commission Department shall prescribe and
collect reasonable r ates, fees, tolls or charges for the services,
facilities and commodities rendered by all property of the
Commission Department, a portion of which, may be pledged to the
payment of bonds issued pursuant to this act. The Commission
Department shall revise the rates, fees, tolls or charges from time
to time whenever necessary to ensure that the revenues to be derived
therefrom shall be fully sufficient to pay principal of and inte rest
on such bonds. The gross revenues derived by the Commission
Department from the operation of any part or parts of the properties
of the Commission Department, but no revenues derived by the
Commission Department through legislative appropriation or f rom
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sources other than operation of the properties of the Commission
Department, may be pledged to the payment of principal and interest.
Notwithstanding any other provisions of law, the Commission
Department may use money derived from annual legislativ e
appropriations on a year -to-year basis, as authorized by the
Legislature, to repay any obligations to the Oklahoma Water
Resources Board pursuant to Sections 1085.51 and 1085.71 et seq. of
Title 82 of the Oklah oma Statutes.
B. The Commission Department is hereby authorized to construct
improvements in several parks and authorize th e issuance of bonds
for all such improvements, and to pledge for the payment of the
bonds and the interest thereon, revenues derived by the Commission
Department from the operation of any or all of the parks in which
any consolidated bond issue has been au thorized.
C. The Commission Department is further authorized to construct
state-of-the-art tourism information centers on interstat e highways
including, but not limited to, entry points near the borders of the
state and major metropolitan areas, and autho rize the issuance of
bonds for all construction projects, and to pledge for the payment
of such bonds and the interest thereon, reve nues derived by the
Commission Department from the lease or operation of any or all of
the tourism information centers for w hich any such consolidated bond
issue has been authorized.
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D. Any revenues which may be received by the Commission
Department for the use of such buildings or improvements, in w hole
or in part, shall be regarded as all other reven ues of the
Commission Department and shall be subject to be pledged to the
payment of bonds issued hereunder. Each bond shall recite in
substance that such bond and the interest thereon is payable solel y
from the revenues pledged to the payment thereof, and that suc h bond
does not constitute a debt of the Commission Department or of the
state within the meaning of any constitutional or statutory
limitation.
SECTION 47. AMENDATORY 74 O.S. 2021, Section 2260, is
amended to read as follows :
Section 2260. A. It may be provided in any resolution
authorizing bonds under this act that, in the event of a default in
the payment of principal or interest on the bonds or in the
performance of any agreement o r covenant contained in the
resolution, and if such default sh all have continued for a
prescribed period, then the holders of a specified percentage of the
outstanding bonds, or a t rustee acting in their behalf, may for the
equal and proportion al benefit of the holders of all of the bonds
and with or without possessi on thereof:
1. By mandamus or other suit, action or proceeding at law or in
equity, enforce all rights of the holders of the bonds;
2. Bring suit upon the defaulted bonds or coupons;
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3. By action or suit in equity to require the Commission
Department to act as if it were the trustee or an express trust for
the bondholders;
4. By action or suit in equity to enjoin any acts or things
which may be unlawful or in violation of the rights of the holders
of the bonds;
5. After notice to the Commission Department as the resolution
may provide, declare the principal of all of the bonds due and
payable; or
6. Apply as a matter of right for the appointment of a receiver
who may enter and take possession of all or any part o f the
properties of the Commission Department and operate and maintain the
same and fix, collect and receive fees and charges for the use
thereof and services rendered thereby sufficient to provide revenues
adequate to carry out all of the provisions of the bond reso lution
and the costs and disb ursements of the proceeding and of the
receiver.
B. Subject to the provisions of the Constitution of the State
of Oklahoma, the courts of the county in which any of the real
estate controlled and operated by the Commission Department may be
located and the courts of Oklahoma County shall have jurisdiction of
any suit, action or proceeding and of all property involved ther ein.
SECTION 48. AMENDATORY 74 O.S. 2021, Section 2261, is
amended to read as follows :
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Section 2261. Unless an action shall be filed in the Supreme
Court for validation of the bonds in the manner hereinafter
provided, no bonds shall be issued he reunder until a certified copy
of the proceedings authorizing the issuance thereof, together with
any other information whic h the Attorney General may require, shall
be submitted to the Attorney General. If the Attorney General find s
that such bonds have been authorized in accordance with la w, the
Attorney General shall approve the bonds and shall execute a
certificate to that effect, which shall be filed in the office of
the State Auditor and Inspector. All bonds so approved by the
Attorney General, regi stered by the State Auditor and Inspe ctor, and
issued in accordance with the approved proceedings shall be valid
and binding obligations of the Commission Department, and the bonds
and all of the provisions securing the bonds shall be incontestable
for any cause in any court in Oklahoma unless suit ther eon shall be
brought in a court having jurisdiction within thirty (30) days from
the date of the approval.
SECTION 49. AMENDATORY 74 O.S. 2021, Section 2262, is
amended to read as follo ws:
Section 2262. Nothing in this act shall be construed to
authorize the Commission Department to mortgage or otherwise
encumber any of its property of any kind, except that the revenues
thereof may be pledged as herein provided.
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SECTION 50. AMENDATORY 74 O.S. 2021, Section 2263, is
amended to read as follows :
Section 2263. All property controlled and operated by the
Commission Department shall at all times be exempted from forced
sale and nothing in this act shall authorize the sa le of any
property under any judgment rendere d in any suit, and such sales are
hereby prohibited.
SECTION 51. AMENDATORY 74 O.S. 2021, Section 2264, is
amended to read as follows:
Section 2264. All of the property controlled and ope rated by
the Commission Department and all bonds issued hereunder and the
interest thereon shall be exempt from taxation by the State of
Oklahoma or by any municipal corporation, county or other political
subdivision or taxing district of the state, except that the bonds
shall be subject to the payment of inheritance taxes.
SECTION 52. AMENDATORY 74 O.S. 2021, Section 2267, is
amended to read as follows:
Section 2267. The Commission Department may issue bonds unde r
this act for the purpose of refunding any obligations of the
Commission Department previously issued under this act, or may
authorize and deliver a single issue of bonds hereunder, in part for
the purpose of refunding such obligations and in part for the
acquisition of additional properties or improvements. Where bonds
are issued under this section solely for refunding purposes, such
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bonds may either be sold as above provided or delivered in exchange
for the outstanding obligations. If sold, the proceed s may be
either applied to the payment of the obligations, refunded or
deposited in escrow for the retirement of the bond obligations.
Nothing contained in this act shall be construed to authorize the
refunding of any outstanding obligations which are not either
maturing, callable for redemption under their terms or voluntarily
surrendered by their holders for cancellation. All bonds issued
under this section shall in all respects be authorized, issued, and
secured in the manner provided for other bonds i ssued under this act
and shall have all of the attributes of such bonds. The Commission
Department may provide that any refunding bonds shall h ave the same
priority of lien on the revenues pledged for their payment as was
enjoyed by the obligations which are refunded.
SECTION 53. AMENDATORY 74 O.S. 2021, Section 2268, is
amended to read as follows :
Section 2268. The Commission Department is authorized in its
discretion to file an application with the Supreme Court of Oklahoma
for the approval of any se ries of bonds to be issued hereunder, and
exclusive original jurisdiction is hereby conferred upon the Supreme
Court to hear and determine each such application. It shall be the
duty of the Court to give such applications precedence over the
other business of the Court and to consider and pass upon the
applications any protests which may be filed thereto as speedily a s
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possible. Notice of the hearing on each application shall be given
by a notice published in a newspaper of general circulation in the
state informing that, on a day named, the Commission Department will
ask the Court to hear its application and approve bonds. Such
notice shall inform all persons interested that they may file
protest against the issuance of the bonds and be present at the
hearing and contest the legality thereof. Such notice shall be
published one time not less than ten (10) days prior to the date
named for the hearing, and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court shall be
satisfied that the bonds have been properly authorized in accordance
with this act and that when issued they will c onstitute valid
obligations in accordance with their terms, the Court shall render
its written opinion approving the bonds and shall fix the time
within which a petition for rehearing may be filed. The decision of
the Court shall be a judicial determinati on of the validity of the
bonds and shall be conclusive as to the Commission Department, its
officers and agents. Thereafter, the bonds so a pproved and the
revenue pledged to their payment and the provision and agreements
contained in the bond resolution for the security of such bonds
shall be incontestable in any court in the State of Oklahoma.
SECTION 54. AMENDATORY 74 O.S. 2021, Section 2269, is
amended to read as follows :
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Section 2269. All revenues collected or received by the
Commission Department under the provisions hereof shall be held in a
separate fund or funds and deposited in a bank or banks as the
Commission Executive Director may direct, from time to time, an d
need not be paid into the Oklahoma Tourism and Recreation Department
Revolving Fund. All revenues shall be subjected to payment out of
such fund or funds from time to time as the Commission Executive
Director may direct.
SECTION 55. AMENDATORY 74 O.S. 2021, Section 2271, is
amended to read as follows :
Section 2271. The Commission Department is hereby authorized
to:
1. Make and issue notes and bonds, and pledg e revenues of the
Commission Department subject to the Oklahoma Bond Oversight and
Reform Act. The Commission Department revenue notes and bon ds
issued under the provisions of this act shall not at any time be
deemed to constitute a debt of the state or o f any political
subdivision thereof or a pledge of the faith and credit of the state
or of any political subdi vision. Such notes and bonds sha ll be
payable solely from the revenues of the Department and any other
funds as may be provided by law for such p ayments and shall contain
on their face a statement to that effect; and
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2. Arrange for guaranties or insuranc e of its notes and bonds
by the federal government or by any private insurer, and to pay any
premiums therefrom.
SECTION 56. AMENDATORY 74 O.S. 2021, Section 2272, is
amended to read as follows :
Section 2272. A. The Commission Department may provide by
resolution, from time to time, for the issuance of revenue notes and
bonds for its lawful purposes, in such amount or amounts as are
necessary, incidental, or convenient to the exercise of powers,
rights, privileges, and functions conferred upon it by this act or
other law. The principal of and interest on any indebtedness shall
be payable solely from the revenues of the Department and such othe r
funds as may be provided by law for such payments. The Commission
Department may provide for credit enhancement as additi onal security
or liquidity for its notes and bonds and enter into such agreements
as may be necessary or appropriate to provide for the repayment of
any funds advanced by the provider of any such credit enhancement
including the payment of any fees and exp enses incurred in
connection therewith. The notes and bonds of each issue shall bear
interest at fixed or variable rates and shall bear an average
interest rate comparable to other revenue notes and bo nds of like
credit quality and maturity as prescribed by the State Bond Advisor
and shall mature at such time or times not exceeding thirty (30)
years from the date or dates of issue, as may be determined by the
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Commission Department. The notes and bonds may be made redeemable
before maturity at the option o f the Commission Department, at such
time or times and at such price or prices and pursuant to such terms
and conditions as may be f ixed by the Commission Department prior to
the issuance of the notes a nd bonds. The Commission Department
shall determine the form of the notes and bonds and the manner of
execution thereof and shall fix the denominations of the notes and
bonds and the place or places of payment of principal and interest.
If any officer whose signature or facsimile of whose signature
appears on any notes and bonds shall cease to hold the office before
the delivery of the notes and bonds, the signature or the facsimile
shall nevertheless be valid and sufficient for all purposes, the
same as if the person had remained in the office until deliver y.
All notes and bonds issued pursuant to the provisions of this act
shall have all the qualities and incidences of negotiable
instruments subject to the laws of this state. The Commission
Department may sell the notes and bonds in such amounts and in su ch
manner, either at public or private sale, and for such price, as it
may determine to be in the best interest s of the state. If t he
notes and bonds are not sold by competitive bid, the sale must be
approved by the State Bond Advisor.
B. The Commission Department may, by resolution, provide for
the issuance of notes and bonds for the purpose of refunding notes
and bonds then outstanding, including the payment of any redemption
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premium, any interest ac crued to the date of redemption of the notes
and bonds, and for incurring additional indebtedness for its lawful
purposes. The issuance of such notes and bonds shall be govern ed by
the provisions of this act and the Oklahoma Bond Oversight and
Reform Act.
C. The Commission Department shall promulgate rules governing
the issuance of revenue bonds authorized pursuant to this act.
SECTION 57. AMENDATORY 74 O.S. 2021, Section 2273, is
amended to read as follows :
Section 2273. Before any bond shall be issued and delivered by
the Commission Department, a certified copy of the proceedings for
the issuance thereof, together with any other information wh ich the
Attorney General of the State of Oklahoma may require shall be
submitted to the Attorney General. If the Attorney General shall
find that the notes and bonds have been issued in accordance with
the law, the Attorney General shall approve the notes and bonds and
execute a certificate to that effect. The Attorney General shall
file the certificates in the Office of the State Auditor and
Inspector, and the certificates shall be recorded in a record kept
for that purpose. All notes and bonds approved by the Attorney
General and issued in accordance with the approved proceedings shall
be valid and binding obligations of the Commission Department and
shall be incontestable from and after the date of such approval.
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SECTION 58. AMENDATORY 74 O.S. 2021, Section 2274, is
amended to read as follows :
Section 2274. Revenue notes and bonds of the Commission
Department issued pursuant to the provisions of this act shall not
constitute a debt of the state or of any political subdivision
thereof, or a pledge of the full faith and credit of the state, or
of any political subdivision thereof, but such notes and bonds shall
be payable solely from the funds provided therefrom. The forms of
the notes and bonds so issued shall contain on the face thereof a
statement to the effect that neither the state nor the Commission
Department shall be obligated to pay the same or the interest
thereon except from the revenues of the Department pledged to the
payment of such notes and bonds and that neither the faith and
credit nor the taxing power of the state or any political
subdivision thereof is pledged, or may hereafter be pledged, to the
payment of the principal of or interest on the notes and bonds. The
notes and bonds so issued shall be exempt from taxation by the State
of Oklahoma and any political subdivision thereof, including the
income therefrom, and any gain from the sale thereof.
Notwithstanding any other provisions of law, the Commission
Department may use money derived from annual legislative
appropriations on a year-to-year basis, as authorized by the
Legislature, to repay any obligations to the Oklahoma Water
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Resources Board pursua nt to Sections 1085.51 and 1085.71 et seq. of
Title 82 of the Oklahoma Statutes.
SECTION 59. AMENDATORY 74 O.S. 2021, Section 2276, is
amended to read as follows :
Section 2276. The Commission Department shall be subject to
blanket bond coverage as provided in Sections 85.26 through 85.31 of
Title 74 of the Oklahoma Statutes 85.58Q through 85.58V of this
title; provided, the Commission Department shall be authorized to
purchase increased amounts of fide lity bond coverage for those
employees deemed necessary by the Commission Executive Director.
When the amount listed in Section 85.29 of Title 74 of the Oklahoma
Statutes 85.58T of this title is deemed inadequate, the co st of
increased coverage shall be borne by the Department.
SECTION 60. AMENDATORY 74 O.S. 2021, Section 2276.1, is
amended to read as follows:
Section 2276.1 A. There is hereby created a trust fund to be
known as the "Oklahoma State Park Trust Fund". The Oklahoma Tourism
and Recreation Commission Department shall be the trustees of the
Trust Fund.
B. 1. The Commission Department may utilize five percent (5%)
of the principal of the Trust Fund annually to:
a. protect and conserve state park lands, but shall not
include routine maintenance expe nses of the state
parks,
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b. preserve historic properties under the jurisdiction of
the Commission Department,
c. provide for one-time capital upgrades and improvements
of state park resources, and
d. pay fees and expenses associated with the services of
a custodian of the Trust Fund.
2. Beginning July 1, 2012, and ending June 30, 2020, the
Commission Department may utilize funds not to exc eed Fifteen
Million Dollars ($15,000,000.00) from the principal of the Trust
Fund to construct and maintain a lodge and any associated facilities
deemed necessary by the Commission Executive Director at the Lake
Murray State Park.
C. The Commission Department shall give priority for funding to
the state park from whi ch the revenues were initially derived.
D. The Trust Fund principal shall consist of monies from any
and all mineral lease payments, seismograph fees, royalty payments,
or other payments assoc iated with oil and gas mineral operations at
state parks that are managed by the Oklahoma Tourism and Recreation
Department, any funds appropriated or trans ferred to the Trust Fund
by the Legislature, and any monies or assets contributed to the
Trust Fund from any other source, public or private.
E. Notwithstanding o ther provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
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purposes listed in subse ction B of this section. Except as provided
for in subsection B of this section, no income or investment return
or principal shall be used for administrati ve expenses of the
Oklahoma Tourism and Recreation Department or expenses incurred by
the Commission in the administration of the Trust Fund.
SECTION 61. AMENDATORY 74 O.S. 2021, Section 2276.2, is
amended to read as follows:
Section 2276.2 A. The Oklahoma Tourism and Recreation
Commission Department shall discharge their its duties as trustees
of the Oklahoma State Park Trust Fund created in Section 2276.1 of
this title, hereafter referred to as the "Trust Fund":
1. With the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of
an enterprise of a like character and with like aims;
2. By diversifying the investments of the Trust Fund so as to
minimize the risk of large losses, unless under the circumst ances it
is clearly prudent not to do so; and
3. In accordance with the laws, documents and instruments
governing the Trust Fund.
B. The Commission Department may procure insurance indemnifying
the members of the Commission the Department from personal loss or
accountability from liability resulting from the action or inaction
of a member as a trustee.
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C. The Commission Department may utilize the written investment
policy developed by the State Treasurer for the investment of public
funds for the investm ent and management of the Trust Fund.
Investments of the Trust Fund may be consistent with the guidelines
set forth in Section 89.2 of Title 62 of the Oklahoma Statu tes which
establishes the investment requirements for public funds by the
State Treasurer.
D. Funds and revenues for investment by the Commission
Department shall be placed with a custodian selected by the
Commission Executive Director. Payment of any fees for the services
of a custodian may be paid from the income and investment return on
the Trust Fund. The custodian may be the State Treasurer or a bank
or trust company offering pension fund master trus tee and master
custodial services. If other than the State Treasurer is utilized,
the custodian shall be chosen by a solicitation of propos als on a
competitive bid basis pursuant to standards set by the Commission
Executive Director. In compliance with t he investment policy
guidelines of the Commission Executive Director, the custodian bank
or trust company shall be contractually responsible for ensuring
that all monies of the Trust Fund are invested in income -producing
investment vehicles at all times. If a custodian bank or trust
company has not recei ved direction from the Commission Executive
Director as to the investment of the monies of the Trust Fund in
specific investment vehicles, the custodian bank or trust co mpany
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shall be contractually responsi ble to the Commission Department for
investing the monies in appropriately collateralized short-term
interest-bearing investment vehicles. If the State Treasurer is
utilized as the custodian and has not received direct ion from the
Commission Executive Director as to the investment of the monies of
the Trust Fund in specific investment vehicles, the State Treasurer
shall invest the monies in a ccordance with the investment policy
developed by the State Treasurer for inves tment of public funds and
in a manner consistent with the guidelines for the investme nt of
public funds set forth in Section 89.2 of Title 62 of the Oklahoma
Statutes.
E. By November 1, 2006, and prior to August 1 of each year
thereafter, the Commission Executive Director shall develop a
written investment plan for the Trust Fund.
F. The Commission Executive Director shall compile quarterly
financial reports of all the funds an d accounts of the Trust Fund on
a fiscal year basis. The reports shall include several relevant
measures of investment value, including acquisition cost and current
fair market value with appropriate summaries of total holdings and
returns. The report sh all be distributed to the Director of the
Legislative Service Bureau.
G. After July 1 and before October 1 of each year, the
Commission Department shall publish an annual report presented in
simple and easily understood language. The report shall be
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submitted to the Governor, the Speaker of the House of
Representatives, the Preside nt Pro Tempore of the Senate, and the
Director of the Legislative Service Bureau. The annual report shall
cover the operation of the Trust Fund during the past fiscal year,
including income, disbursements, and the financial condition of the
Trust Fund at the end of the fiscal year. The annu al report shall
also contain the information issue d in the quarterly reports
required pursuant to subsection F of this section as well as a
summary of the results of the most recent actuarial valuation to
include total assets, total liabilities, unfunded l iability or over-
funded status, contributions and any other information deemed
relevant by the Commission Department.
SECTION 62. AMENDATORY 74 O.S. 2021, Section 2278, is
amended to read as follo ws:
Section 2278. As used in the Oklahoma Trails System Act:
1. "Commission" means the Oklahoma Tourism and Recreation
Commission; and
2. "Political subdivision " means any county, municipality or
other subdivision of state or local government.
SECTION 63. AMENDATORY 74 O.S. 2021, Section 2280, is
amended to read as follows:
Section 2280. A. There is hereby created a state trails system
composed of:
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1. State nature trails, which shall be trails designed to
deepen the public's awareness and understanding of variou s
ecological, geological or cultural qualities within the state by
means of an interpretive service program;
2. State hiking trails, which shall be extensive trails and
will serve to connect parks, scenic areas, historica l points and
neighboring communiti es;
3. State special-use trails, which shall be trails designed to
provide for those trail activities which require special trail
definition and will include trails for bicycling, public riding and
motorcycle and minibike activities, as well as trails des igned to
meet the needs of the handicapped, the blind and the elderly; and
4. State heritage trails, which shall be trails designed to
promote the identification and interpretation of significant
cultural and historic sit es throughout the state.
B. The Commission Oklahoma Tourism and Recreation Department,
in accordance with appropriate federal, state and local governmental
organizations, shall establish a uniform marker for the trails
system.
C. In the planning and designatio n of trails, the Commission
Department shall give due regard to the interest of f ederal or state
agencies, all political subdivisions, private land owners,
interested individuals and citizen groups. Furthermore, the
Commission Department encourages citizen participation in trail
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acquisition, construction, development and maintenance w here such
activities will not conflict with the purposes of the Oklahoma
Trails System Act.
SECTION 64. AMENDATORY 74 O.S. 2021, Section 2281, is
amended to read as follows :
Section 2281. A. The Commission Department shall be vested
with the responsibility and authority to:
1. Plan, purchase, develop, construct, mainta in, operate and
protect the state trails system and shall prescri be the uses and
limits of each designated trail; and
2. Acquire, by lease, deed or contract, rights -of-way or
easements of trails across private, municipal, county, state or
federal lands. In selecting the rights-of-way, every effort will be
made to minimize any adverse eff ects on the adjacent landown er or
user and his or her operations. Acquisition sh all be, whenever
possible, in the form of an easement obtained by gift, exchange or
purchase with donated funds. In cases where these attempts fail,
the Commission Department may authorize the expenditure of state
trail funds for acquisition in fee. Any agreement for acquisition
of rights in land shall be for terms of not less than twenty -five
(25) years whenever possible.
B. The Commission Department may abandon any portion or all of
a trail or easement acquired for trail purposes; or it may transfer
any trail or easement to a local government having jurisdiction over
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the area in which the t rail or easement is located, provided that
such local government agrees to maintain and oper ate the trail.
C. The Commission Department shall notify the owner of the
land, through which any trail or easement passes, prior to entering
into any agreement wi th local government for the operation of a
trail and shall secure the co nsent of the landown er prior to the
transfer of any trail or easement to a local government.
D. The Commission Department shall review all formal
declarations of railroad rights -of-way abandonment for possible
inclusion into the state trails system.
E. Within the boundaries of a right-of-way, the Commission
Department may acquire, on behalf of the state, lands in fee title,
any interest in lands in the form of scenic or other easement s or
any interest in lands under cooperative or other agreement.
Acquisition of land or of any interest in land may be by gift,
purchase or exchange. Acquisition may be through the use of funds
obtained by donation, federal grants, legislative appropriati on or
otherwise. In acquiring real property or any interest therein, th e
power of eminent domain shall not be us ed.
F. 1. The Commission Department shall encourage the provision
of bicycle routes within the rights-of-way of federal aid system
highways and on or along county and city roadways. These bicycle
routes shall be composed of three ty pes of pathways: bicycle
trails, bicycle lanes and bicycle routes. Bicycle trails shall be
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distinct pathways which separate bicycles from motorized vehicular
traffic by means of an open space or barrier. Bicycle lanes shall
use designated portions of ex isting roadways and w ill be clearly
marked and separated from automob ile lanes. Bicycle routes shall be
existing, low-volume roads and will be designated by clearl y marked
signs.
2. Prior to the designation and construction of the bic ycle
pathway system, the Commission Department shall authorize the
development of a bicycle ma ster plan. The plan shall be comprised
of a set of clearly defined goals, a statement of current and
projected demands, a proposed layout of routes, construction
specifications, cost projections and the scheduling of
implementation. The plan shall likewise devote serious
consideration to those design criteria which will help to ensure the
safety of bicyclist, pedestrian and motorist alike.
3. Funds received for this pathway program shall be expended in
amounts deemed reasonable and necessary by the Commission Executive
Director for the establishment of the bicycle pathway system.
SECTION 65. AMENDATORY 74 O.S. 2021, Section 2282, is
amended to read as follows :
Section 2282. A. The Commission Department may establish and
designate state trails on lands under the jurisdiction of a federal
agency when, in the opinion of the federal agency, such lands may be
so developed under the provisions of federal law.
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B. Nothing in the Oklahoma Trails System Act shall prevent a
segment of the state trails system from being a part of the National
Scenic or Recreation T rails System. The Commission Department shall
coordinate the state trails system with the National Trails S ystem
and will encourage and assist any federal studies for inclusion of
state trails into the National Trails System.
SECTION 66. AMENDATORY 74 O.S. 2021, Section 2283, is
amended to read as follows :
Section 2283. A. No hunting of wild game or the sho oting of
firearms shall be permitted along the trail, with the exception of
those portions of the trail which traverse public hunting areas.
Such portions of the trail shall be closed to trail use, as listed
in the Oklahoma Trails Sys tem Act, during hunting season.
B. All horseback riding and motorcycling activities shall be
restricted to their designated special-use trails. Foot travel on
special-use trails shall be permitted; however, the special -use
activities shall have the right-of-way on the trails.
C. Each person is guilty of a misdemeanor, who sha ll:
1. Willfully mutilate, deface or destroy any guidepost, notice,
tablet or other work for the protection or ornamentation of any
state trail;
2. Place along any trail or affix t o any object in the r ight-
of-way, without a written license from the Commission Department,
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any word, character or device designed to advertise any business,
trade, profession, article, thing, ma tter or event; or
3. Willfully cause any damage to lands wit hin or adjacent to
the state trails system.
SECTION 67. AMENDATORY 82 O.S. 2021, Section 875, is
amended to read as follows:
Section 875. A. Except as may be provided in this subsection,
the Grand River Dam Authority shall not prevent free public use of
its lands and lakes for recreation purposes and for hunting and
fishing, except at such points where, in the opinion of the Board of
Directors, such use would be dangerous or would interfere with the
proper conduct of its business. The Authority may, in the interest
of public health and safety, make reasonable regulation s governing
such use and, in the interest of defraying costs associate d with the
maintenance and policing of public lands administered by the
Authority, prescribe reason able fees for camping and the use of
Authority facilities and for the use of off -road and all-terrain
vehicles on Authority lands.
B. All existing public ri ghts-of-way to the areas to be flooded
by the impounded waters shall remain open as a way of free p ublic
passage to and from the lakes created, and no charge shall ever be
made to the public for right to engage in hunting, fishing, boating
or swimming in the lakes, and no charges shall ever be made for a
permit to operate or use or for the inspection of boats and
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equipment, except that the Authority may prescribe an annual fee for
the issuance or renewal of a permit for a private anchorage, wharf,
dock or boathouse. Such fee shall be used to defray the expenses of
operating and equipping the Authority's Lake Patrol. The public
shall have free use of and access to the waters of the lakes for
private use, and shall have the right to anchorage, wharf, dock,
boat dock, houseboat and landing privileges free of charge when used
for private boating, b ut such anchorage, wharf, dock, boat dock,
houseboat and landing privileges shall only be allowe d after a
permit therefor has been issued. Provided that no permit for any
anchorage, wharf, dock, boat dock, houseboat and landing privileges
shall be issued which wou ld deprive the owner of land adjacent to
the shoreland or lake front or abutting thereo n of any anchorage,
wharf, dock, boat dock, houseboat and landing privileges. The
Authority may designate areas closed to such use, where in its
opinion such use would interfere with the health or safety of the
public, or with the proper conduct of the bu siness of the Authority.
The Authority shall prescribe suitable rules for the use of firearms
on its lands and lakes and suitable rules and regulations and rules
of travel, in the interest of public safety, for the u se of the
waters of the lakes.
C. The Authority shall prescribe, in the interest of public
safety, suitable rules and regulations governing the keeping for
hire or operations of a boat or boats, surfboards, aquaplanes, sea-
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skis or similar devices for pecuniary profit or gain on the waters
of the lakes. The keeping for hire or operation of a boat or boats,
surfboards, aquaplanes, sea-skis or similar devices, for pecuniary
profit or gain, on the waters of the lake, shall only be allowed
after a permit therefor has been issued by the Authority.
Applications for such permits are to be in writing, upon a form
prescribed and furnished by the Authority, and containing such
information as is required by the Authority. For the issuance of
such a permit the Authority shall charge a fee i n an amount as
specified by the Authority, and shall have the power to prescribe
the size and type of boat or boats allowed to operate under such
permit and the equipment necessary to such operation. A permit
shall be procured for the construction of wharves, docks, lan dings
and anchorages when constructed for commercial or rental purpose s.
For the issuance of such a permit the Authority shall charge a fee
in an amount as specified by the Authority. The Authority shall
prescribe the type, style and location and equipme nt of wharves,
docks, anchorages and landings from which such boats op erate and
their rules of travel. Issuance of permits is to be deferred and
withheld unless and unt il the applicant therefor has paid the permit
fee and procured and deposited with the A uthority a good and
sufficient bond, either in cash, or by a surety co mpany licensed to
do business in this state, or public liability and property damage
insurance, written by a company licensed to do business in Oklahoma,
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in an amount and in such form as the Authority shall specify, so as
to assure compensation for injurie s to or death of persons, and loss
or damage to property for which the holder of such permit may be
legally liable. Upon it being called to the attention of the
Attorney General of Okla homa by any citizen of Oklahoma that this
section has not been complie d with, it shall be the duty of the
Attorney General of Oklahoma to institute the prop er legal
proceedings to require the Authority, or its successor, to comply
with the provisions of th is section.
D. The Authority may acquire, by purchase, condemnation, or
otherwise, lands suitable for park purposes or roadways along the
shores of the lakes. After acquiring such lands the Authority may,
but shall not be required to, assi gn or lease the lands to the State
of Oklahoma for park or road purposes and if such assignment is made
the lands shall be under the supervision and control of the Oklahoma
Tourism and Recreation Commission Department or the Department of
Wildlife Conservation, which sha ll keep the lands so assigned open
to the public so that the public in general may have free access to
the lakes.
SECTION 68. This act shall become effective November 1, 2022.
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Passed the House of Representatives the 14th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate