1. A.

   1. 1. The Scenic Rivers Commission for the Flint Creek, Illinois River and those portions of Barren Fork Creek within Cherokee County is authorized and directed to charge an annual use fee of Five Dollars ($5.00) per commercially owned and operated flotation device. 2. The operation of a commercial flotation device without displaying a proper Oklahoma Scenic Rivers Commission license is subject to a fine not to exceed One Hundred Dollars ($100.00). The penalty will be assessed upon the owner or operator of the commercial flotation device business and not upon the individual renting the commercial flotation device. B. 1. In addition to the annual use fee imposed on a commercially owned and operated flotation device, there shall be imposed a user fee of One Dollar ($1.00) per trip per flotation device or a user fee of Two Dollars ($2.00) per trip per raft to be paid by the individual renting the commercial flotation device or raft. The fee shall be paid into the Scenic Rivers Commission Revolving Fund. 2. A per-trip user fee of One Dollar ($1.00) shall also be levied on privately owned flotation devices and a two-dollar per trip flotation fee shall be levied on privately owned rafts. 3. Property owners adjacent to the rivers under the operating area of the Scenic Rivers Commission may own and operate one flotation device for their individual use without paying the user fees assessed by this section. 4. If a commercial operator fails to remit such user fees on schedule as required by the Scenic Rivers Commission, such operator shall be assessed an additional fee of Twenty-five Dollars ($25.00) per week for each week he remains in arrearage. The fee shall be paid into the Scenic Rivers Commission Revolving Fund. C. The Scenic Rivers Commission for the Flint Creek, Illinois River and those portions of Barren Fork Creek within Cherokee County Scenic River Areas shall promulgate rules and regulations for the collection and administration of the fees imposed pursuant to the provisions of this section in accordance with the Administrative Procedures Act. D. The Oklahoma Tax Commission shall conduct an annual on-the-scene audit of all commercial flotation device businesses to determine if all fees required are being properly collected and reported. Such audit shall be conducted at least once each three (3) years. E. The Commission may establish a fee for use of camping sites located in public use and access areas controlled by the Commission. The fee charged by the Commission shall not exceed the rate charged by the Oklahoma Tourism and Recreation Department for camping sites. The Commission is authorized to promulgate rules to implement such fee pursuant to Article I of the Administrative Procedures Act. F. The administrator of the Scenic Rivers Commission is authorized to be commissioned as a peace officer after completion of all required training for the purpose of supervision of peace officers employed by the Commission and such administrator may be utilized for any law enforcement purpose as may be necessary. G. For the purposes of this section, the term commercial flotation device shall mean a canoe, boat, inner tube 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 waterways within the operating area of the Oklahoma Scenic Rivers Commission. The term "raft" shall mean a privately owned or commercially operated inflatable flotation device which has a fixed floor and is able to transport two or more persons.

Laws 1980, HB 1647, c. 354, § 19, emerg. eff. June 25, 1980; Amended by Laws 1983, SB 224, c. 332, § 4, emerg. eff. June 29, 1983; Amended by Laws 1987, SB 61, c. 208, § 105, emerg. eff. July 1, 1987; Amended by Laws 1987, HB 1473, c. 236, § 100, emerg. eff. July 20, 1987; Amended by Laws 1989, SB 390, c. 147, § 5, emerg. eff. May 1, 1989; Amended by Laws 1989, HB 1327, c. 249, § 37, emerg. eff. July 1, 1989; Amended by Laws 1990, SB 880, c. 205, § 5, emerg. eff. May 10, 1990; Amended by Laws 1993, SB 210, c. 61, § 1, emerg. eff. April 12, 1993; Amended by Laws 1997, SB 30, c. 241, § 25, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 2000, SB 1187, c. 318, § 2, emerg. eff. June 5, 2000 (superseded document available); Amended by Laws 2001, SB 446, c. 76, § 1, emerg. eff. April 11, 2001 (superseded document available); Amended by Laws 2001, SB 748, c. 355, § 20, emerg. eff. June 1, 2001 (superseded document available).