2022 Oklahoma Statutes
Title 74. State Government
§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 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 2-304 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 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 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.