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ENGROSSED SENATE
BILL NO. 42 By: Bergstrom of the Senate
and
Hardin of the House
An Act relating to commercial flotation de vices;
amending 82 O.S. 2021, Section 896 .16, which relates
to user fees and licenses; authorizing promulgation
of rules; updating statutory language; 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, Section 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 charg e 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 lice nse 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 renting the commercial
flotation device.
3. Commercial flotation devices shall not b e operated on Flint
Creek in Delaware County and those portions of Barren Fork 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 County , 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 noncommercial,
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 896.2 of this
title granting the Authority the power to establish licenses and set
fees, the Authority may promulgate rules for the collection and
administration of the fees i mposed pursuant to the provisions of
this section or may promulgate rules establishing licenses ;
providing for the issuance, renewal, revocation, denial, and
suspension of licenses ; and setting fees that change or replace the
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licenses and fees imposed purs uant 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 im pose, collect or charge
the license and fee t hat 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 subsection 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 Oklahoma Tourism and Recreati on 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 in accordance with
the provisions of Section 58 of Article V of the Okl ahoma
Constitution.
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Passed the Senate the 14th day of February, 2023.
Presiding Officer of the Senate
Passed the House of Represe ntatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives