Req. No. 5097 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 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 1586 By: Grego AS INTRODUCED An Act relating to state government; providing enforcement for occupying a reserved space or failing to pay entrance fees; setting adminis trative penalties; providing that monies collected shall be deposited in a revolving fund; amending 74 O.S. 2021, Section 2220, which relates to the Oklahoma Tourism, Parks and Recreation Enhancement Act; modifying language; establishing annual state park passes; setting annual park pass fees for residents and nonresidents; authorizing annual multi -park passes; providing for codification; providing effective dates; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new 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 camp site identified as "Reserved" by the Oklahoma Tourism and Recreation Department staff or by the park reservation system, or fail to vacate a campsite within a reasonable time after being notified of the campsite 's reserved status by Department staff; or Req. No. 5097 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 2. Enter an area of a state park that is identified as an area requiring payment of an entry fee without having first paid the entry fee or being a valid park entry passholder for the date of entry. B. Any violation of the provisions of this section may be punishable by an administrative fine not exceeding: 1. Fifty Dollars ($50. 00) for a first 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 a nd 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 fees pursuant to the provis ions of this section for the services, facilities and commodities rendered by all property of the Commission. 1. The Commission may establish maxim um rates for rooms at the state lodges and cabins, for recreational activiti es, for recreational vehicles an d camping sites, and for community facilities under control of the Commission. The method whereby the Req. No. 5097 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 rates are determined shall be promulgated pur suant to Article I of the Administrative Procedures Act. At least twenty (2 0) days prior to the adoption or approval of any rate changes by the Commission, the Department shall submit a copy of the proposed rates, for informational purposes, to the Govern or, 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 writing to the Governor, Speaker of the House of Representatives and P resident Pro Tempore of the Senate within five (5) business days of such Com mission 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 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) da ys prior to the adoption or approv al 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 S enate. 3. The Commission may esta blish entrance or day -use charges for the state park system. All monies col lected from entrance or day - use charges shall be used at the state parks where the charges were collected. The Commission may establish an annual pass, or other Req. No. 5097 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 varied various passes as appropriate to that park , for visitors. The method whereby the maximum charg es are determined, sold , and collected shall be in accordance with rules promulgated pursuant to Article I of the Administrative Procedure s Act. At least twenty (20) days prior to the adoption or approval of any rate changes by the Commission, the Departm ent 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 Sena te. 4. Fees Except as provided in this section, fees shall be promulgated pursuant to Article I of the Administrati ve Procedures Act. 5. Fees Except as provided in this section, fees may reflect the seasonal usage of the parks and facilities and for prom otional purposes and goals. 6. The Commission shall establish an annual single park pass for residents of this stat e in an amount not to exceed Twenty Dollars ($20.00); provided, however, residents of this state sixty- two (62) years of age and over shall be exempt as provided in subsection B of this section. A nonresident annual single p ark pass shall be established in an amount not less than Seventy -five Dollars ($75.00) and there shall be no exemption for nonresidents sixty-two (62) years of age and over. The Commission may establish annual multi-park passes in such amounts for residents of this state and nonresidents as determined by the Commission. Req. No. 5097 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 B. All fees, licenses and other charges shall be posted in a convenient place in each park. Every pers on using any of the 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 shall not be charged any a dmission fees for entrance into any state-owned and -operated state-operated park. The Commission may promulgate rules establishin g different fees for residents and nonresidents sixty -two (62) years of age and over. Identification may For purposes of fee exemptions, identification shall be established by presentation of proof of age , and residency, by a state driver license, a state license for identification only , birth certificate or any other form of identification authorized by the Commission; 2. Individuals who have been certified a s totally disabled under state or federal law and their spouses shall be entitled to a fifty percent (50%) reduction of fees whic h apply to recreational - use facilities; 3. Children's groups, volunteer groups as specified by the Commission, or governmental entities that provide beneficial services at the facility for which the fee may be have fees reduced or waived as determined by the Commission; and Req. No. 5097 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 4. Special discount rates as authorized in this section may be waived for individuals who are members of a group being provided a special group rate as allowed by law. C. The willful failure to collect such fees, licenses and other charges shall subject an the responsible employee of the Commission to a an administrative fine of Twenty-five Dollars ($25.00) f or each and every violation. SECTION 3. Section 1 of this act sha ll become effective July 1, 2023. SECTION 4. Section 2 of this act shall become effective July 1, 2024. SECTION 5. It being immediatel y necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force fro m and after its passage and approval. 59-1-5097 JL 11/28/22