ENROLLED SENATE
BILL NO. 248	By:	Ford and Sweeden of the Senate

				and

			Sears, Fields and Martin (Steve) of the House

An Act relating to game and fish; amending 29 O.S. 2001, Section 7-101, which relates to dams constructed by the United States; clarifying language; modifying exception to certain prohibitions; adding certain lakes to exception; deleting obsolete language; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     29 O.S. 2001, Section 7-101, is amended to read as follows:

Section 7-101.  A.  No Except as otherwise provided for in subsection E of this section, no person shall enter, swim, wade, operate a boat or operate or float any floating device in any safety zone as defined in Section 2-139 of this title.  This provision shall not be construed to prohibit fishing from the bank or shore when otherwise lawful.

B.  The Oklahoma Department of Wildlife Conservation shall have the authority to maintain buoy lines, cable nets or any other device which it may find necessary to keep persons, boats or floating devices out of the safety zone and shall have authority to erect signs or other warning devices to mark the existence and extent of safety zones.  The Department shall be exempt from any penalty should it fail to comply with this provision.

C.  In all water bounded by a turbine outlet, a continuous warning signal by means of a horn shall be sounded for a period of five (5) minutes prior to the opening of the dam's gates of the dam and the releasing of water through the same, in order that the public shall have notice thereof.

D.  Subsections A and B of this section shall not be applicable to the waters below any particular dam when, and to the extent that, such application would be in conflict with the laws of the United States or valid rules and regulations promulgated thereunder.  Further, the lack of any such line, net, device or sign, pursuant to subsection B of this section, shall not prevent a violation of subsection A from taking effect.

E.  This The provisions of this section shall apply to the safety zone below all federal dams with the exception of. Notwithstanding the provisions of subsection A of this section, persons may enter and wade in the safety zone below the dams on the Salt Plains Lake, Tenkiller Lake, Fort Supply Lake, Copan Lake, Hulah Lake, and Canton Lake.

F.  Any person convicted of violating the provisions of this section shall be punished by the imposition of a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00), or by imprisonment in the county jail for a period not to exceed not exceeding thirty (30) days, or by both said such fine and imprisonment.

SECTION 2.  This act shall become effective July 1, 2009.

SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the Senate the 4th day of May, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 31st day of March, 2009.

	
Presiding Officer	of the House
	of Representatives