Oklahoma 2023 Regular Session

Oklahoma House Bill HB1586 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 1586 By: Grego and Sneed of the
30-House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
3130
32- and
31+STATE OF OKLAHOMA
3332
34- Bullard of the Senate
33+1st Session of the 59th Legislature (2023)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 1586 By: Grego
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40-[ state government - reserved space - entrance fees -
41-administrative penalties - revolving fund -
42-Oklahoma Tourism, Parks and R ecreation Enhancement
43-Act - annual state park parking passes - annual
44-multi-park parking passes – codification -
45-effective dates -
46- emergency ]
43+COMMITTEE SUBSTITUTE
44+
45+An Act relating to state government; providing
46+enforcement for occupying a reserved s pace or failing
47+to pay entrance fees; setting administrative
48+penalties; providing that monies collected shall be
49+deposited in a revolving fund; amending 74 O.S. 2021,
50+Section 2220, which relates to the Oklahoma Tourism,
51+Parks and Recreation Enhancement Act ; modifying
52+language; establishing annual state park parking
53+passes; setting annual park parking pass fees for
54+residents and nonresidents; authorizing annual multi -
55+park parking passes; providing for codification;
56+providing effective dates; and declaring an
57+emergency.
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5163 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5264 SECTION 1. NEW LAW A new section of law to be codified
5365 in the Oklahoma Statutes a s Section 2217.2 of Title 74, unless there
5466 is created a duplication in numbering, reads as follows:
5567 A. No person shall:
5668 1. Physically occupy a campsite identified as "Reserved" by the
5769 Oklahoma Tourism and Recreation Department staff or by the park
58-reservation system, or fail to vacate a campsite wit hin a reasonable
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97+reservation system, or fail to vacate a campsite wit hin a reasonable
8598 time after being notified of the campsite's reserved status by
8699 Department staff; or
87100 2. Enter an area of a state park that is identified as an area
88101 requiring payment of an entry fee without having first paid the
89102 entry fee or being a valid park entry passholder for the date of
90103 entry.
91104 B. Any violation of the provisions of this section may be
92105 punishable by an administrative fine not exceeding:
93106 1. Fifty Dollars ($50. 00) for a first offense;
94107 2. One Hundred Dollars ($100.00) for a second offen se; and
95108 3. Two Hundred Fifty Dollars ($250.00) for any third or
96109 subsequent offense.
97110 C. All monies collected pursuant to this section shall be
98111 deposited in the Oklahoma Tourism a nd Recreation Department
99112 Revolving Fund.
100113 SECTION 2. AMENDATORY 74 O.S. 2021, Section 2220, is
101114 amended to read as follows :
102115 Section 2220. A. The Oklahoma Tourism and Recreation
103116 Commission may prescribe and collect reasonable rates and fees
104117 pursuant to the provi sions of this section for the services,
105118 facilities and commodities rend ered by all property of the
106119 Commission.
107-1. The Commission may establish maximum rates for rooms at the
108-state lodges and cabins, for recreational activiti es, for
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147+1. The Commission may establish maximum rates for rooms at the
148+state lodges and cabins, for recreational activiti es, for
135149 recreational vehicles a nd camping sites, and for community
136150 facilities under control of the Com mission. The method whereby the
137151 rates are determined shall be promulgated pursuant to Article I of
138152 the Administrative Procedures Act. At least twenty (2 0) days prior
139153 to the adoption or approval of any rate changes by the Commissi on,
140154 the Department shall submit a copy of the proposed rates, for
141155 informational purposes, to the Governor, Speaker of the Oklahoma
142156 House of Representatives and President Pro Tempore of the Oklahoma
143157 State Senate. Any change in the rate s during the year whe n the
144158 Legislature is not in session shall be reported in writing to the
145159 Governor, Speaker of the Oklahoma House of Representatives and
146160 President Pro Tempore of the Oklahoma State Senate within five (5)
147161 business days of such Commission action.
148162 2. The Commission may establish maxim um charges for all
149163 activities at state-owned golf courses. The charges may vary among
150164 the different golf courses according to the practices of the golf
151165 industry. The method whereby th e maximum charges are determined
152166 shall be in accordance with rules prom ulgated pursuant to Article I
153167 of the Administrative Proce dures Act. At least twenty (20) da ys
154168 prior to the adoption or approval of any rate changes by the
155169 Commission, the Department sh all submit a copy of such proposed
156170 charges, for informational purposes, to the Governor, Speaker of the
157-Oklahoma House of Representatives and President Pro Tempore of the
158-Oklahoma State Senate.
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198+Oklahoma House of Representatives and President Pro Tempore of the
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185200 3. The Commission may establish entrance or day -use charges for
186201 the state park system. All monies col lected from entrance or day -
187202 use charges shall be used at the state parks where the charges were
188203 collected. The Commission may establish an annual pass, or other
189204 varied various parking passes as appropriate to that park, for
190205 visitors. The method whereby the ma ximum charges are determined,
191206 sold, and collected shall be in accordance with rules promulgated
192207 pursuant to Article I of the Administrative Procedure s Act. At
193208 least twenty (20) days prior to the adoption or ap proval of any rate
194209 changes by the Commission, the Department shall submit a copy of
195210 such proposed charges, for informational purposes, to the Governor,
196211 Speaker of the Oklahoma House of Representatives and President Pro
197212 Tempore of the Oklahoma State Senate.
198213 4. Fees Except as provided in this section, fees shall be
199214 promulgated pursuant to Article I of the Administrati ve Procedures
200215 Act.
201216 5. Fees Except as provided in this section, fees may reflect
202217 the seasonal usage of the parks and facilities and for promoti onal
203218 purposes and goals.
204219 6. The Commission sh all establish an annual s ingle park parking
205220 pass for residents of this stat e in an amount not to exceed Twenty
206221 Dollars ($20.00); provided, however, residents of this state sixty-
207-two (62) years of age and over shall be exempt as provided in
208-subsection B of this section. A nonresi dent annual single park
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249+two (62) years of age and over shall be exempt as provided in
250+subsection B of this section. A nonresi dent annual single park
235251 parking pass shall be established in an amount not less than
236252 Seventy-five Dollars ($75.00) and there shall be no exemption for
237253 nonresidents sixty-two (62) years of age and over. The Commission
238254 may establish annual multi-park parking passes in such amounts for
239255 residents of this state and nonresidents as determined by the
240256 Commission.
241257 B. All fees, licenses and other charges shall be posted in a
242258 convenient place in each park. Every person using any of the
243259 facilities in a park shall be charged the same fees, licenses and
244260 every other charge except:
245261 1. Residents of this state sixty -two (62) years of age and over
246262 and their spouses shall not be charged any a dmission fees for
247263 entrance into any state -owned and operated state-operated park. The
248264 Commission may promulgate rules establishin g different fees for
249265 residents and nonresidents sixty -two (62) years of age and over.
250266 Identification may For purposes of fee exemptions, identification
251267 shall be established by present ation of proof of age , and residency,
252268 by a state driver license, a state license for identification only ,
253269 birth certificate or an y other form of identification authorized by
254270 the Commission;
255271 2. Individuals who have been certified as totally disabled
256272 under state or federal law and their spouses shall be entitled to a
257-fifty percent (50%) reduction of fees whic h apply to recreational -
258-use facilities;
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300+fifty percent (50%) reduction of fees whic h apply to recreational -
301+use facilities;
285302 3. Children's groups, volunteer groups as specified by the
286303 Commission, or governmental entities that provide be neficial
287304 services at the facility for which the fee may be have fees reduced
288305 or waived as determined by the Commission; and
289306 4. Special discount rates as authorized in this section may be
290307 waived for individuals who are members of a group being provided a
291308 special group rate as all owed by law.
292309 C. The willful failure to collect such fees, licenses and other
293310 charges shall subject an the responsible employee of the Commission
294311 to a an administrative fine of Twenty-five Dollars ($25.00) for each
295312 and every violation.
296313 SECTION 3. Section 1 of this act shall become effective July 1,
297314 2023.
298315 SECTION 4. Section 2 of this act shall become effective July 1,
299316 2024.
300317 SECTION 5. It being immediately necessary for the prese rvation
301318 of the public peace, health or safety, an emergency is hereby
302319 declared to exist, by reason whereof this act shall take ef fect and
303320 be in full force fro m and after its passage and approval.
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330-Passed the House of Representatives the 22nd day of March, 2023.
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335- Presiding Officer of the House
336- of Representatives
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340-Passed the Senate the ___ day of __________, 2023.
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322+COMMITTEE REPORT BY: COMMITTEE ON TOURISM, dated 02/15/2023 - DO
323+PASS, As Amended.