Oklahoma § 74-2229 - Turner Falls State Park

§ 74-2229. Turner Falls State Park

The Commission is authorized to negotiate with the duly

constituted authorities of the municipal corporation of Davis, in

Murray County, to purchase from the municipal corporation the

property now owned by it and known as Turner Falls, and other

contiguous properties in Murray County, for a state park, provided

that said municipal authorities shall, by resolution, declare said

property no longer suitable for municipal park purposes and beyond

the fiscal means of the corporation properly to maintain as such.

In the event of said purchase, the property shall be known as Turner

Falls State Park.

Added by Laws 2005, c. 363, § 30, eff. Nov. 1, 2005.

§74-2229.1A. Definitions.

As used in Sections 1 and 2 of this act:

Oklahoma Statutes - Title 74. State Government

1. "Board" or "board of trustees" means the board of trustees

for the Quartz Mountain Arts and Conference Center and Nature Park

created in Section 4451 of Title 70 of the Oklahoma Statutes;

2. "Center" means the Quartz Mountain Arts and Conference

Center and Nature Park;

3. "Commission" means the Oklahoma Tourism and Recreation

Commission;

4. "Department" means the Oklahoma Tourism and Recreation

Department;

5. "Quartz Mountain" means all properties held in fee title,

lease or otherwise, including interests in land, real estate options

or real estate contracts, held by or on behalf of the Oklahoma State

Regents for Higher Education, that are known and designated as the

Quartz Mountain Arts and Conference Center, Quartz Mountain Lodge,

and Quartz Mountain State Park, including the golf course, the

property known as Baldy Point, described as the N 1/2 of the NE 1/4

of Section 20, Township Five (5) North, Range Twenty (20) West of

the Indian Meridian, and the SE 1/4 of the SE 1/4 of Section 17,

Township Five (5) North, Range Twenty (20) West of the Indian

Meridian, Greer County, Oklahoma, the property known as Devils

Canyon, all buildings, improvements, appurtenances and associated

lands, and all personal property including equipment, files,

fixtures, furniture, and supplies that relate to the properties on

the effective date of this section, as determined by an inventory on

file as of the effective date of this section as required by law to

be updated no later than October 1, 2020, by inventory jointly

conducted by the Oklahoma State Regents for Higher Education and the

Oklahoma Tourism and Recreation Department, and any similar personal

property purchased or delivered for use at Quartz Mountain after the

date of the inventory on file; and

6. "State Regents" means the Oklahoma State Regents for Higher

Education.

Added by Laws 2020, c. 115, § 1.

§74-2229.1B. Quartz Mountain – Transfer to the Oklahoma Tourism and

Recreation Department.

A. Effective October 1, 2020, the properties defined as Quartz

Mountain in Section 1 of this act are hereby transferred from the

board of trustees for the Quartz Mountain Arts and Conference Center

and Nature Park to the Oklahoma Tourism and Recreation Department.

B. All board of trustees personnel, in both the classified and

unclassified service of the State Merit System of Personnel

Administration, who are assigned as of October 1, 2020, to Quartz

Mountain, including related liabilities for sick leave, annual

leave, holidays, unemployment benefits and workers' compensation

benefits accruing prior to October 1, 2020, to such personnel shall

be transferred as of October 1, 2020, to the Department. It is the

Oklahoma Statutes - Title 74. State Government

intent of the Legislature that, to the extent possible, the

Department shall ensure that the employees retain pay and benefits,

as much as possible, including longevity, dependent insurance

benefits, seniority, rights and other privileges and benefits.

Notwithstanding the provisions of the Oklahoma Personnel Act, board

employees assigned to Quartz Mountain on October 1, 2020, shall have

the right on October 1, 2020, and not thereafter, to fill a budgeted

vacancy in the classified service of the Parks Division in the

Department or to fill a budgeted vacancy in the unclassified service

in the Golf or Resorts Divisions of the Department, if such employee

is qualified. Additionally, filling of vacancies shall be based on

seniority order with the State of Oklahoma.

C. Appropriate conveyances and other documents shall be

executed by October 1, 2020, to effectuate the transfer of Quartz

Mountain.

D. The Department may establish appropriate funds and accounts,

including a revolving fund in the Office of Management and

Enterprise Services, for servicing the fiscal operations of the

Center. Such funds and accounts shall be subject to the direct

supervision, management and control of the Department.

E. 1. An employee transferred pursuant to the provisions of

this act who is a member of the Teachers' Retirement System of

Oklahoma or the Oklahoma Law Enforcement Retirement System may elect

to remain a member of the applicable system or may elect to become a

member of the Oklahoma Public Employees Retirement System. The

employee shall file an election on a form prescribed for that

purpose with the applicable system not later than November 1, 2020.

2. If an employee files an election to remain in the Teachers'

Retirement System of Oklahoma or the Oklahoma Law Enforcement

Retirement System, the Department shall pay the required employer

contributions applicable to the participating employers pursuant to

Section 17-108.1 of Title 70 of the Oklahoma Statutes or Section 2304 of Title 47 of the Oklahoma Statutes. The employee shall

continue to pay employee contributions as required by law.

3. If the employee fails to file an election by November 1,

2020, the employee shall become a member of the Oklahoma Public

Employees Retirement System.

4. Employees who become members of the Oklahoma Public

Employees Retirement System shall acquire service credit in the

Oklahoma Public Employees Retirement System pursuant to the

provisions of Section 901 et seq. of Title 74 of the Oklahoma

Statutes, and service credit accrued during the time the employee

was a member of the Teachers' Retirement System of Oklahoma may be

transferred to the Oklahoma Public Employees Retirement System

pursuant to the provisions of Section 913 of Title 74 of the

Oklahoma Statutes. For service performed by the employee, if the

member fails to make the election required by paragraph 3 of this

Oklahoma Statutes - Title 74. State Government

subsection, the Department shall make required contributions

pursuant to Section 920 of Title 74 of the Oklahoma Statutes and the

employee shall make required contributions imposed pursuant to

Section 919.1 of Title 74 of the Oklahoma Statutes. The Department

and the employees shall be subject to all requirements of the

provisions of Section 901 et seq. of Title 74 of the Oklahoma

Statutes governing the Oklahoma Public Employees Retirement System.

5. Any employee who is employed by the Department after October

1, 2020, and who is otherwise eligible for membership in the

Oklahoma Public Employees Retirement System or the Oklahoma Law

Enforcement Retirement System shall be enrolled during employment by

the board of trustees in the Oklahoma Public Employees Retirement

System or the Oklahoma Law Enforcement Retirement System, as

appropriate.

F. The Department shall not be responsible for any claims

arising under The Governmental Tort Claims Act accrued prior to

October 1, 2020, claims arising from any other actions accrued prior

to October 1, 2020, or tort claims arising prior to October 1, 2020,

for which no claim has accrued upon the date of transfer. The

Department shall not be responsible for any claims arising out of

construction begun before October 1, 2020, at Quartz Mountain.

G. 1. The Department shall succeed to any contractual rights

and responsibilities the board of trustees has incurred on behalf of

Quartz Mountain, including but not limited to:

a.

any responsibilities for payment of rents or other

obligations, including but not limited to all debt

service, arising under a lease or sublease pursuant to

the Oklahoma State Regents for Higher Education master

lease program which shall be provided to the Oklahoma

State Regents for Higher Education through direct

legislative appropriation or in a cash payment from

the Oklahoma Tourism and Recreation Department on or

before October 1, 2020, not to exceed Five Hundred

Eight Thousand Thirty-one Dollars ($508,031.00), and

b.

any responsibilities related to contractual agreements

with nonprofit organizations that operate a fine arts

institute for high school students and a continuing

education program for higher education faculty,

elementary and secondary education teachers and

commercial artists,

except as provided in subsection F of this section.

2. The Department may enter into one or more contracts for

management services of the Center. The duties and benefits arising

under any contract for management services of any part of Quartz

Mountain entered into by the board of trustees that is in effect on

October 1, 2020, shall be assigned to the Department. The contract

Oklahoma Statutes - Title 74. State Government

may be renewable at the option of the Department but not to exceed a

cumulative period of fifty (50) years.

3. The board of trustees shall execute all necessary documents

to memorialize the assignment to the Department all rights,

responsibilities, and obligations under any and all contracts the

Board has entered into relating to operation of any part of Quartz

Mountain, including the golf course, as provided in this section.

The Department shall execute any documents necessary to memorialize

acceptance of such assignment. In the absence of memorializing

documents or conveyances, the transfers, including all the

assignments, shall occur by operation of law.

H. The rules of the board of trustees relating to the operation

of Quartz Mountain, such as traffic, fees, and other like matters,

that are in effect on October 1, 2020, shall be enforceable by the

board until the Department establishes rules or until July 1, 2021,

whichever occurs earlier.

Added by Laws 2020, c. 115, § 2.