2006 Legislation
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HOUSE BILL NO. 541 – State parks, parking violations

HOUSE BILL NO. 541

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Bill Status



H0541.........................................by RESOURCES AND CONSERVATION
STATE PARKS - PARKING - Amends existing law to provide that parking
violations in state parks shall be enforced by qualified employees of the
Department of Parks and Recreation who are delegated with enforcement
authority by the director of the Department of Parks and Recreation.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Res/Con
02/24    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood
      NAYS -- None
      Absent and excused -- Bedke, Bell, Field(18), Mr. Speaker
    Floor Sponsor - Sayler
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Res/Env
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsor - Davis
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 221
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 541
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STATE PARKS; AMENDING SECTION 67-4237, IDAHO CODE, TO PROVIDE THAT
  3        PARKING VIOLATIONS IN STATE PARKS SHALL BE ENFORCED BY QUALIFIED EMPLOYEES
  4        OF THE DEPARTMENT OF  PARKS  AND  RECREATION  DELEGATED  WITH  ENFORCEMENT
  5        AUTHORITY BY THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 67-4237, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        67-4237.  PARKING VIOLATIONS. (1) If any vehicle, as defined in chapter 1,
 10    title 49, Idaho Code, is stopped, standing, or parked in an illegal  or  unau-
 11    thorized  manner  within  a  state  park and the operator cannot be identified
 12    readily, the fact that the vehicle is registered or leased in the  name  of  a
 13    person  shall  be  prima facie evidence that such person was in control of the
 14    vehicle at the time it was parked, unless that person can prove to the  satis-
 15    faction  of  the court the vehicle was driven and stopped, placed or parked by
 16    an unauthorized person.
 17        (2)  The provisions of this section  shall  be  enforced  by  commissioned
 18    peace  officers  of the Idaho state police, qualified employees of the depart-
 19    ment of parks and recreation authorized delegated with  enforcement  authority
 20    by  the  director of the Idaho state police department of parks and recreation
 21    pursuant to section 67-4239, Idaho Code, the sheriff and his deputies  of  any
 22    county in the state and any peace officer of the state of Idaho.
 23        (3)  Any  violation  of the provisions of this section shall be an infrac-
 24    tion and punishable as provided in section 18-113A, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 15393

Compliance with IDPR rules is achieved through appropriate 
enforcement in accordance with the provisions of Sec. 67-4239, 
Idaho Code.  This section provides that the Director of IDPR may 
issue citations for violations of Title 67, Chapters 42 (state 
parks), 70 (safe boating act), 71 (recreational activities), and 
75 (marine sewage disposal act).  The Director may also delegate 
this authority to qualified employees of the IDPR who have 
successfully completed required training.  This amendment is 
designed to fix an incorrect reference to enforcement of IDPR 
rules by commissioned peace officers of the Idaho state police, 
as currently described in Sec. 67-4237, Idaho Code.


 
                          FISCAL NOTE

There is no fiscal impact to any state funding source.




CONTACT
Name:	Dean Sangrey
Agency:	Parks and Recreation, Dept. of
Phone:	334-4187


STATEMENT OF PURPOSE/FISCAL NOTE                	H 541