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ENGROSSED SENATE
BILL NO. 1355 By: Quinn of the Senate
and
West (Josh) of the House
An Act relating to commercial flotation device s;
amending 82 O.S. 2021, Se ction 896.16, which relates
to commercial flotation device licensing and fees;
modifying certain rules to be promulgated b y certain
agencies; updating statutory reference; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2021, S ection 896.16, is
amended to read as follows:
Section 896.16. A. 1. Until replaced or changed as provided
for in subsection C of this section, the Grand River Dam Authority
is authorized and directed to charge an annual use fee of Thirty -
five Dollars ($35.00) per commercially owned and operated flotation
device on the Illinois River within Adair, Cherokee and Delaware
Counties.
2. The operation of a commercial flotation dev ice without
displaying a proper license issued by the Authority shall result in
a fine not to exceed One Hundred Dollars ($100.00). The fine shall
be assessed upon the owner or operator of the commercial flotation
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device business and not upon the individual renti ng the commercial
flotation device.
3. Commercial flotation devices shal l not be operated on Flint
Creek in Delaware County and those portions of Barren Creek in
Cherokee County.
B. For the Flint Creek and Illinois River within Adair,
Cherokee and Delaware Counties and those portions of Barren Fork
Creek within Cherokee Coun ty, the Authority is authorized and
directed to charge until replaced or changed as provided for in
subsection C of this section:
1. An annual use fee of Ten Dollars ($10.00) per non commercial,
privately owned device; or
2. A use fee of One Dollar ($1.00 ) per day for all
noncommercial, privately owned flotation devices floating upon a
designated scenic river. Landowners located immediately adjacent to
a designated scenic river shall not be required to pay any fee for
private use as authorized in this section or otherwise by law.
C. Under the provisions of Section 5 of this act Section 896.2
of this title granting the Authority the power to establish licenses
and set fees, the Author ity may promulgate rules for the collection
and administration of the fee s imposed pursuant to the provisions of
this section or may promulgate rules establishing licenses ,
providing for issuance, renewal, rev ocation, denial, and suspen sion
of licenses, and setting fees that change o r replace the licenses
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and fees imposed pursu ant to the provisions of this section. Upon
final adoption of rules changing or replacing any or all of the
licenses and fees im posed pursuant to the provisions of this
section, the Authority shall cease to imp ose, collect or charge the
license and fee that was changed or replaced by rule. Rules
promulgated by the Authority pursuant to this section shall be in
accordance with the Administrative Procedures Act.
D. Until replaced or changed as provided for in s ubsection C
of this section, the Grand River Dam Authority may charge a fee for
use of camping sites located in public use and access areas
controlled by the Authority in an amount that does not exceed the
rate charged by the Ok lahoma Tourism and Recreatio n Department for
camping sites.
E. For the purposes of the Scenic Rivers Act, “commercial
flotation device” means a canoe, boat, kayak, inner tube, raft or
other similar device suitable for the transportation of a person or
persons on waterways which is available for hire by the public for
use on scenic rivers.
SECTION 2. This act shall become effective November 1, 2022.
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Passed the Senate the 15th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives