ENGROSSED SENATE
BILL NO. 258	By:	Coates of the Senate

			and

		McNiel of the House

[ Oklahoma Tourism and Recreation Commission - state parks - rules - boat rental business - codification - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 18, Chapter 363, O.S.L. 2005 (74 O.S. Supp. 2010, Section 2217), is amended to read as follows:
Section 2217.  The public shall have the right to access and use the facilities, services, and programs provided within state parks.
1.  Notwithstanding any other provision of law, no person may:
a.	discharge fireworks in any area of a state park unless specified otherwise by the Division of State Parks Director,
b.	possess any glass container in a designated and posted swim or beach area within a state park,
c.	build a fire within a state park in areas posted as prohibited by the Department,
d.	solicit or demand gifts, money, goods or services within a state park,
e.	enter a state park with a dog, unless the dog is on a leash, or permit any dog to enter a state park or recreation area under the jurisdiction of the Commission.  It is further provided that any authorized member of the Department or any authorized employee of the Oklahoma Department of Wildlife Conservation may kill any vicious dog found running loose in any state park which poses imminent threat to humans or other animals, or which may be chasing or running any game in the state park.  Any such authorized employees of the Departments shall not be held liable for the killing of said dog,
f.	injure, destroy, mutilate or deface any building, structure, sign, rock, tree, shrub, vine, or property, or dispose of any matter which will likely contaminate any swimming pool or other waters on the state park, or take, kill, injure, pursue, hunt, or molest, any wild game animal, or mar or rifle the nest of any bird or the den or nest or abode of any wild animal within any of the state parks, recreational grounds or state monuments now created or which may be hereafter acquired or designated,
g.	use or operate motor vehicles, including motorcycles, motorbikes or motor scooters, in areas not specifically posted by the Department, or
h.	sell, hawk, or peddle within a state park any goods, wares, merchandise, liquids, edibles, or any item of value, without having a contract or lease agreement approved by the Commission, or
i.	violate any other prohibitions specified in rules promulgated by the Oklahoma Tourism and Recreation Commission.
2.  Any such violation of the provisions of this section shall be punishable as a misdemeanor, and subject to a fine of not less than Fifty Dollars ($50.00) and no more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
3.  Fifty percent (50%) of all monies collected pursuant to this section shall be deposited in the Oklahoma Tourism and Recreation Department Revolving Fund and fifty percent (50%) shall be remitted to the county in which the violation is made.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2217.1 of Title 74, unless there is created a duplication in numbering, reads as follows:
A.  Any boat rental business operating in a state park:
1.  Shall have a current valid written contract with the Oklahoma Tourism and Recreation Department or the agency which owns the lake;
2.  Is prohibited from operating within a fifteen-mile radius of an existing authorized Department boat rental operation;
3.  Shall have a visible, commercially accessible public location;
4.  Shall be properly licensed with a tax permit and any other required local permits;
5.  Shall carry a valid commercial liability insurance policy with a minimum limit of One Million Dollars ($1,000,000.00) which provides bodily injury and property damage coverage for customers or other individuals, naming the Department as an additional insured with a waiver of subrogation in favor of the Department;
6.  Must have a valid commercial automobile policy with minimum limits of One Million Dollars ($1,000,000.00) combined single limit, naming the Department as an additional insured with a waiver of subrogation in favor of the Department;
7.  Shall be subject to a minimum of ten percent (10%) commission payable to the Department;
8.  Shall be subject to annual audits with fine, suspension, or termination for violating or not properly reporting and paying established commissions; and
9.  Shall be subject to a fine of Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than thirty (30) days or both such fine and imprisonment if found guilty of operating illegally in a state park.
B.  As used in this section, “boat rental business” means a short term lease or rental of any boat, including the completion of paperwork or documents, and the loading and delivery of the boat.
SECTION 3.  This act shall become effective November 1, 2011.
Passed the Senate the 8th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives