Req. No. 642 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 673 By: Burns AS INTRODUCED An Act relating to state parks; prohibiting occupying a reserved campsite; prohibiting certain entries into a state park without payment of entry fee; setting administrative fine; providing for collection and deposit of certain fines; amending 74 O.S. 2021, Section 2220, which relates to collection of rates and fees of state parks; removing authority of the Oklahoma Tourism and Recreation Commission to establish entrance or day-use fees unless entering state park in recreational vehicle or travel trailer; establishing maximum daily fee; amending 74 O.S. 2021, Section 2254, which relates to the State Park System Improvement Revolving Fund; updating statutory language; providing for codification; an d providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A n ew section of law to be codified in the Oklahoma Statutes as Section 2217.2 of Title 74, unless there is created a duplication in numbering, reads as follows: A. No person shall: 1. Physically occupy a campsite identified as “Reserved” by Oklahoma Tourism and R ecreation Department staff or by the park reservation system, or fail to vacate a campsite with in a reasonable Req. No. 642 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 time after being notified of t he campsite’s reserved status by Department staff; or 2. Enter an area of a state park that requires payment of an entry fee for the person’s recreational vehicle or travel trailer without having first paid the entry fee. B. Any violation of the provisions of t his section may be punishable by an administrative fine not exceeding : 1. Fifty Dollars ($50.00) for a firs t offense; 2. One Hundred Dollars ($100.00) for a second offense; and 3. Two Hundred Fifty Dollars ($250.00) for any third or subsequent offense. C. All monies collected pursuant to this section shall be deposited in the Oklahoma Tourism and Recreation Department Revolving Fund. SECTION 2. AMENDATORY 74 O.S. 2021, Section 2220, is amended to read as follows: Section 2220. A. The Oklahoma Tourism and Recreation Commission may prescribe and collect reasonable rates and f ees pursuant to the provisions of this sec tion for the services, facilities, and commodities rendered by a ll property of the Commission. 1. The Commission may establish maximum rates for rooms at the state lodges and cabins, for recreational activities, f or recreational vehicles and camping sites, and for community Req. No. 642 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 facilities under control of the Commission. The method whereby the rates are determined shall be promulgated pursuant to Article I of the Administrative Procedures Act. At least twenty (20) da ys prior to the adoption or approval of an y rate changes by the Commission, the Oklahoma Tourism and Recreation Department shall submit a copy of the proposed rates, for informational purposes, to the Governor, Speaker of the House of Representatives , 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 w riting to the Governor, Speaker of the House of Representatives , and President Pro Tempore of the Senate within five (5) busi ness days of such Commission action. 2. The Commission may establish maximum charges for all activities at state-owned golf courses. The charges may vary among the different golf courses according to the practices of the golf industry. The method whereb y the maximum charges are determined shall be in accordance with rules promulgated pursuant to Article I of the Administrative Proce dures Act. At least twenty (20) days prior to the adoption or approval of any rate changes by the Commission, the Departmen t shall submit a copy of s uch proposed charges, for informational purposes, to the Governor, Speaker of the House of Representatives , and President Pro Tempore of the Senate. 3. The Commission may establish entrance or day -use charges for the state park system shall establish an en trance fee only for Req. No. 642 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 recreational vehicles and travel trailers not to exceed Eight Dollars ($8.00) per day. All monies collected from entrance or day- use charges the entrance fees for recreation vehicles and travel trailers shall be used at the state parks where the charges were collected. The Commission may establish an annual pass, or other varied passes as appropriate to that park, for visitors ; provided, the annual pass or other passes shall not restrict access to state parks for visitors not using recreational vehicles or travel trailers. The method whereby the maximum charges are determined, sold, and collected shall be in accordance with rules promulgated pursuant to Article I of the Administrati ve 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 such proposed charges, for informational purposes, to the Governor, Speaker of the House of Represe ntatives and President Pro Tempore of the Senate. 4. Fees Except for the fee established in paragraph 3 of this section, fees shall be promulgated pursuant t o 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. Ever y person using any of the Req. No. 642 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 facilities in a park shall be charged the same fees, licenses , and every other charge except: 1. Residents of this state six ty-two (62) years of age and over and their spouses shall not be charged any admission fees for entrance into any state-owned and -operated park. The Commission may promulgate rules establishing different fees for residents and nonresidents sixty-two (62) years of age and over. Identification may be established by presentation of proof of age, residency, a state driver license, a state license for identification only, birth certificate, or any other form of identification author ized by the Commission; 2. Individuals who have been certified as totally 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 specifi ed by the Commission, or governmental entities that provide beneficial services at the facility for which the fee may be reduced or waived; and 4. Special discount rates as authorized in this section may be waived for individua ls who are members of a grou p being provided a special group rate as allowed by law. Req. No. 642 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The failure to collect such fees, licenses , and other charges shall subject an employee of the Commission to a fine of Twenty-five Dollars ($25.00) for each and every violation. SECTION 3. AMENDATORY 74 O.S. 2021, Section 2254, is amended to read as follows: Section 2254. There is hereby created in the State Treasury a revolving fund for the Oklahoma Tourism and Recreation Department to be designated the “State Park System Imp rovement Revolving Fund”. The fund shall be a continuing fund not subject to fiscal year limitations. The fund shall consist of all monies that are rece ived by the Department, from all entrance or day-use charges for the state park system, including char ges for an annual pass for visitors to the state parks. All monies accruing to the fund are hereby appropriated and may be expended by the Department at the state park where the charges were collected as authorized by Sec tion 2220 of this title. Expendit ures from the fund shall be made upon wa rrants 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 4. This act shall become effective November 1, 2023. 59-1-642 MR 1/18/2023 12:06:57 PM