{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-2229.1b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-2229.1B","heading":"Quartz Mountain – Transfer to the Oklahoma Tourism and","body":"Recreation Department.\n\nA. Effective October 1, 2020, the properties defined as Quartz\n\nMountain in Section 1 of this act are hereby transferred from the\n\nboard of trustees for the Quartz Mountain Arts and Conference Center\n\nand Nature Park to the Oklahoma Tourism and Recreation Department.\n\nB. All board of trustees personnel, in both the classified and\n\nunclassified service of the State Merit System of Personnel\n\nAdministration, who are assigned as of October 1, 2020, to Quartz\n\nMountain, including related liabilities for sick leave, annual\n\nleave, holidays, unemployment benefits and workers' compensation\n\nbenefits accruing prior to October 1, 2020, to such personnel shall\n\nbe transferred as of October 1, 2020, to the Department. It is the\n\nintent of the Legislature that, to the extent possible, the\n\nDepartment shall ensure that the employees retain pay and benefits,\n\nas much as possible, including longevity, dependent insurance\n\nbenefits, seniority, rights and other privileges and benefits.\n\nNotwithstanding the provisions of the Oklahoma Personnel Act, board\n\nemployees assigned to Quartz Mountain on October 1, 2020, shall have\n\nthe right on October 1, 2020, and not thereafter, to fill a budgeted\n\nvacancy in the classified service of the Parks Division in the\n\nDepartment or to fill a budgeted vacancy in the unclassified service\n\nin the Golf or Resorts Divisions of the Department, if such employee\n\nis qualified. Additionally, filling of vacancies shall be based on\n\nseniority order with the State of Oklahoma.\n\nC. Appropriate conveyances and other documents shall be\n\nexecuted by October 1, 2020, to effectuate the transfer of Quartz\n\nMountain.\n\nD. The Department may establish appropriate funds and accounts,\n\nincluding a revolving fund in the Office of Management and\n\nEnterprise Services, for servicing the fiscal operations of the\n\nCenter. Such funds and accounts shall be subject to the direct\n\nsupervision, management and control of the Department.\n\nE. 1. An employee transferred pursuant to the provisions of\n\nthis act who is a member of the Teachers' Retirement System of\n\nOklahoma or the Oklahoma Law Enforcement Retirement System may elect\n\nto remain a member of the applicable system or may elect to become a\n\nmember of the Oklahoma Public Employees Retirement System. The\n\nemployee shall file an election on a form prescribed for that\n\npurpose with the applicable system not later than November 1, 2020.\n\n2. If an employee files an election to remain in the Teachers'\n\nRetirement System of Oklahoma or the Oklahoma Law Enforcement\n\nRetirement System, the Department shall pay the required employer\n\ncontributions applicable to the participating employers pursuant to\n\nSection 17-108.1 of Title 70 of the Oklahoma Statutes or Section 2-\n\n304 of Title 47 of the Oklahoma Statutes. The employee shall\n\ncontinue to pay employee contributions as required by law.\n\n3. If the employee fails to file an election by November 1,\n\n2020, the employee shall become a member of the Oklahoma Public\n\nEmployees Retirement System.\n\n4. Employees who become members of the Oklahoma Public\n\nEmployees Retirement System shall acquire service credit in the\n\nOklahoma Public Employees Retirement System pursuant to the\n\nprovisions of Section 901 et seq. of Title 74 of the Oklahoma\n\nStatutes, and service credit accrued during the time the employee\n\nwas a member of the Teachers' Retirement System of Oklahoma may be\n\ntransferred to the Oklahoma Public Employees Retirement System\n\npursuant to the provisions of Section 913 of Title 74 of the\n\nOklahoma Statutes. For service performed by the employee, if the\n\nmember fails to make the election required by paragraph 3 of this\n\nsubsection, the Department shall make required contributions\n\npursuant to Section 920 of Title 74 of the Oklahoma Statutes and the\n\nemployee shall make required contributions imposed pursuant to\nitle 74 of the\n\nOklahoma Statutes. For service performed by the employee, if the\n\nmember fails to make the election required by paragraph 3 of this\n\nsubsection, the Department shall make required contributions\n\npursuant to Section 920 of Title 74 of the Oklahoma Statutes and the\n\nemployee shall make required contributions imposed pursuant to\n\nSection 919.1 of Title 74 of the Oklahoma Statutes. The Department\n\nand the employees shall be subject to all requirements of the\n\nprovisions of Section 901 et seq. of Title 74 of the Oklahoma\n\nStatutes governing the Oklahoma Public Employees Retirement System.\n\n5. Any employee who is employed by the Department after October\n\n1, 2020, and who is otherwise eligible for membership in the\n\nOklahoma Public Employees Retirement System or the Oklahoma Law\n\nEnforcement Retirement System shall be enrolled during employment by\n\nthe board of trustees in the Oklahoma Public Employees Retirement\n\nSystem or the Oklahoma Law Enforcement Retirement System, as\n\nappropriate.\n\nF. The Department shall not be responsible for any claims\n\narising under The Governmental Tort Claims Act accrued prior to\n\nOctober 1, 2020, claims arising from any other actions accrued prior\n\nto October 1, 2020, or tort claims arising prior to October 1, 2020,\n\nfor which no claim has accrued upon the date of transfer. The\n\nDepartment shall not be responsible for any claims arising out of\n\nconstruction begun before October 1, 2020, at Quartz Mountain.\n\nG. 1. The Department shall succeed to any contractual rights\n\nand responsibilities the board of trustees has incurred on behalf of\n\nQuartz Mountain, including but not limited to:\n\na. any responsibilities for payment of rents or other\n\nobligations, including but not limited to all debt\n\nservice, arising under a lease or sublease pursuant to\n\nthe Oklahoma State Regents for Higher Education master\n\nlease program which shall be provided to the Oklahoma\n\nState Regents for Higher Education through direct\n\nlegislative appropriation or in a cash payment from\n\nthe Oklahoma Tourism and Recreation Department on or\n\nbefore October 1, 2020, not to exceed Five Hundred\n\nEight Thousand Thirty-one Dollars ($508,031.00), and\n\nb. any responsibilities related to contractual agreements\n\nwith nonprofit organizations that operate a fine arts\n\ninstitute for high school students and a continuing\n\neducation program for higher education faculty,\n\nelementary and secondary education teachers and\n\ncommercial artists,\n\nexcept as provided in subsection F of this section.\n\n2. The Department may enter into one or more contracts for\n\nmanagement services of the Center. The duties and benefits arising\n\nunder any contract for management services of any part of Quartz\n\nMountain entered into by the board of trustees that is in effect on\n\nOctober 1, 2020, shall be assigned to the Department. The contract\n\nmay be renewable at the option of the Department but not to exceed a\n\ncumulative period of fifty (50) years.\n\n3. The board of trustees shall execute all necessary documents\n\nto memorialize the assignment to the Department all rights,\n\nresponsibilities, and obligations under any and all contracts the\n\nBoard has entered into relating to operation of any part of Quartz\n\nMountain, including the golf course, as provided in this section.\n\nThe Department shall execute any documents necessary to memorialize\n\nacceptance of such assignment. In the absence of memorializing\n\ndocuments or conveyances, the transfers, including all the\n\nassignments, shall occur by operation of law.\n\nH. The rules of the board of trustees relating to the operation\n\nof Quartz Mountain, such as traffic, fees, and other like matters,\n\nthat are in effect on October 1, 2020, shall be enforceable by the\n\nboard until the Department establishes rules or until July 1, 2021,\n\nwhichever occurs earlier.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b11ad0446352aa73d0dd1c22694cb52e40e7047a8e019ebc5a912097e2d5a030","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-2229.1a","next":"us-ok/okla.-stat.-tit.-74-74-223"},"notice":"GroundRules: Original legal text. Not legal advice."}