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. |
---|
| 58 | + | |
---|
85 | 98 | | time after being notified of the campsite's reserved status by |
---|
86 | 99 | | Department staff; or |
---|
87 | 100 | | 2. Enter an area of a state park that is identified as an area |
---|
88 | 101 | | requiring payment of an entry fee without having first paid the |
---|
89 | 102 | | entry fee or being a valid park entry passholder for the date of |
---|
90 | 103 | | entry. |
---|
91 | 104 | | B. Any violation of the provisions of this section may be |
---|
92 | 105 | | punishable by an administrative fine not exceeding: |
---|
93 | 106 | | 1. Fifty Dollars ($50. 00) for a first offense; |
---|
94 | 107 | | 2. One Hundred Dollars ($100.00) for a second offen se; and |
---|
95 | 108 | | 3. Two Hundred Fifty Dollars ($250.00) for any third or |
---|
96 | 109 | | subsequent offense. |
---|
97 | 110 | | C. All monies collected pursuant to this section shall be |
---|
98 | 111 | | deposited in the Oklahoma Tourism a nd Recreation Department |
---|
99 | 112 | | Revolving Fund. |
---|
100 | 113 | | SECTION 2. AMENDATORY 74 O.S. 2021, Section 2220, is |
---|
101 | 114 | | amended to read as follows : |
---|
102 | 115 | | Section 2220. A. The Oklahoma Tourism and Recreation |
---|
103 | 116 | | Commission may prescribe and collect reasonable rates and fees |
---|
104 | 117 | | pursuant to the provi sions of this section for the services, |
---|
105 | 118 | | facilities and commodities rend ered by all property of the |
---|
106 | 119 | | Commission. |
---|
135 | 149 | | recreational vehicles a nd camping sites, and for community |
---|
136 | 150 | | facilities under control of the Com mission. The method whereby the |
---|
137 | 151 | | rates are determined shall be promulgated pursuant to Article I of |
---|
138 | 152 | | the Administrative Procedures Act. At least twenty (2 0) days prior |
---|
139 | 153 | | to the adoption or approval of any rate changes by the Commissi on, |
---|
140 | 154 | | the Department shall submit a copy of the proposed rates, for |
---|
141 | 155 | | informational purposes, to the Governor, Speaker of the Oklahoma |
---|
142 | 156 | | House of Representatives and President Pro Tempore of the Oklahoma |
---|
143 | 157 | | State Senate. Any change in the rate s during the year whe n the |
---|
144 | 158 | | Legislature is not in session shall be reported in writing to the |
---|
145 | 159 | | Governor, Speaker of the Oklahoma House of Representatives and |
---|
146 | 160 | | President Pro Tempore of the Oklahoma State Senate within five (5) |
---|
147 | 161 | | business days of such Commission action. |
---|
148 | 162 | | 2. The Commission may establish maxim um charges for all |
---|
149 | 163 | | activities at state-owned golf courses. The charges may vary among |
---|
150 | 164 | | the different golf courses according to the practices of the golf |
---|
151 | 165 | | industry. The method whereby th e maximum charges are determined |
---|
152 | 166 | | shall be in accordance with rules prom ulgated pursuant to Article I |
---|
153 | 167 | | of the Administrative Proce dures Act. At least twenty (20) da ys |
---|
154 | 168 | | prior to the adoption or approval of any rate changes by the |
---|
155 | 169 | | Commission, the Department sh all submit a copy of such proposed |
---|
156 | 170 | | charges, for informational purposes, to the Governor, Speaker of the |
---|
185 | 200 | | 3. The Commission may establish entrance or day -use charges for |
---|
186 | 201 | | the state park system. All monies col lected from entrance or day - |
---|
187 | 202 | | use charges shall be used at the state parks where the charges were |
---|
188 | 203 | | collected. The Commission may establish an annual pass, or other |
---|
189 | 204 | | varied various parking passes as appropriate to that park, for |
---|
190 | 205 | | visitors. The method whereby the ma ximum charges are determined, |
---|
191 | 206 | | sold, and collected shall be in accordance with rules promulgated |
---|
192 | 207 | | pursuant to Article I of the Administrative Procedure s Act. At |
---|
193 | 208 | | least twenty (20) days prior to the adoption or ap proval of any rate |
---|
194 | 209 | | changes by the Commission, the Department shall submit a copy of |
---|
195 | 210 | | such proposed charges, for informational purposes, to the Governor, |
---|
196 | 211 | | Speaker of the Oklahoma House of Representatives and President Pro |
---|
197 | 212 | | Tempore of the Oklahoma State Senate. |
---|
198 | 213 | | 4. Fees Except as provided in this section, fees shall be |
---|
199 | 214 | | promulgated pursuant to Article I of the Administrati ve Procedures |
---|
200 | 215 | | Act. |
---|
201 | 216 | | 5. Fees Except as provided in this section, fees may reflect |
---|
202 | 217 | | the seasonal usage of the parks and facilities and for promoti onal |
---|
203 | 218 | | purposes and goals. |
---|
204 | 219 | | 6. The Commission sh all establish an annual s ingle park parking |
---|
205 | 220 | | pass for residents of this stat e in an amount not to exceed Twenty |
---|
206 | 221 | | Dollars ($20.00); provided, however, residents of this state sixty- |
---|
235 | 251 | | parking pass shall be established in an amount not less than |
---|
236 | 252 | | Seventy-five Dollars ($75.00) and there shall be no exemption for |
---|
237 | 253 | | nonresidents sixty-two (62) years of age and over. The Commission |
---|
238 | 254 | | may establish annual multi-park parking passes in such amounts for |
---|
239 | 255 | | residents of this state and nonresidents as determined by the |
---|
240 | 256 | | Commission. |
---|
241 | 257 | | B. All fees, licenses and other charges shall be posted in a |
---|
242 | 258 | | convenient place in each park. Every person using any of the |
---|
243 | 259 | | facilities in a park shall be charged the same fees, licenses and |
---|
244 | 260 | | every other charge except: |
---|
245 | 261 | | 1. Residents of this state sixty -two (62) years of age and over |
---|
246 | 262 | | and their spouses shall not be charged any a dmission fees for |
---|
247 | 263 | | entrance into any state -owned and operated state-operated park. The |
---|
248 | 264 | | Commission may promulgate rules establishin g different fees for |
---|
249 | 265 | | residents and nonresidents sixty -two (62) years of age and over. |
---|
250 | 266 | | Identification may For purposes of fee exemptions, identification |
---|
251 | 267 | | shall be established by present ation of proof of age , and residency, |
---|
252 | 268 | | by a state driver license, a state license for identification only , |
---|
253 | 269 | | birth certificate or an y other form of identification authorized by |
---|
254 | 270 | | the Commission; |
---|
255 | 271 | | 2. Individuals who have been certified as totally disabled |
---|
256 | 272 | | under state or federal law and their spouses shall be entitled to a |
---|
285 | 302 | | 3. Children's groups, volunteer groups as specified by the |
---|
286 | 303 | | Commission, or governmental entities that provide be neficial |
---|
287 | 304 | | services at the facility for which the fee may be have fees reduced |
---|
288 | 305 | | or waived as determined by the Commission; and |
---|
289 | 306 | | 4. Special discount rates as authorized in this section may be |
---|
290 | 307 | | waived for individuals who are members of a group being provided a |
---|
291 | 308 | | special group rate as all owed by law. |
---|
292 | 309 | | C. The willful failure to collect such fees, licenses and other |
---|
293 | 310 | | charges shall subject an the responsible employee of the Commission |
---|
294 | 311 | | to a an administrative fine of Twenty-five Dollars ($25.00) for each |
---|
295 | 312 | | and every violation. |
---|
296 | 313 | | SECTION 3. Section 1 of this act shall become effective July 1, |
---|
297 | 314 | | 2023. |
---|
298 | 315 | | SECTION 4. Section 2 of this act shall become effective July 1, |
---|
299 | 316 | | 2024. |
---|
300 | 317 | | SECTION 5. It being immediately necessary for the prese rvation |
---|
301 | 318 | | of the public peace, health or safety, an emergency is hereby |
---|
302 | 319 | | declared to exist, by reason whereof this act shall take ef fect and |
---|
303 | 320 | | be in full force fro m and after its passage and approval. |
---|
304 | 321 | | |
---|