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S1380..........................................by RESOURCES AND ENVIRONMENT PARK AND RECREATION DEPARTMENT - FEES - Amends existing law to provide that the Park and Recreation Board may adjust the fees annually to reflect changes of $1.00 or less to park entrance fees, annual passport fees, vessel launching fees, reservation fees, campsite fees and moorage fees and 10% or less for group facility fees without complying with the Administrative Procedure Act, to provide that the board may discount fees in order to offer use incentives to generate additional revenue for operation of the state park system and to provide that new fees or charges or adjustments which exceed the limits described shall remain subject to the provision of the Administrative Procedure Act. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Res/Env
S1380|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1380 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO PARKS AND RECREATION; AMENDING SECTION 67-4223, IDAHO CODE, TO 3 PROVIDE THAT THE PARK AND RECREATION BOARD MAY ADJUST ANNUALLY THE FEES IN 4 EFFECT ON JULY 1, 1998, TO REFLECT CHANGES OF ONE DOLLAR OR LESS TO PARK 5 ENTRANCE FEES, ANNUAL PASSPORT FEES, VESSEL LAUNCHING FEES, RESERVATION 6 FEES, CAMPSITE FEES AND MOORAGE FEES, AND TEN PERCENT OR LESS FOR GROUP 7 FACILITY FEES WITHOUT THE NECESSITY OF COMPLYING WITH THE PROVISIONS OF 8 THE IDAHO ADMINISTRATIVE PROCEDURE ACT, TO PROVIDE THAT THE BOARD MAY DIS- 9 COUNT FEES IN ORDER TO OFFER USE INCENTIVES TO GENERATE ADDITIONAL REVENUE 10 FOR OPERATION OF THE STATE PARK SYSTEM, AND TO PROVIDE THAT NEW FEES OR 11 CHARGES, OR ADJUSTMENTS WHICH EXCEED THE LIMITS DESCRIBED, SHALL REMAIN 12 SUBJECT TO THE PROVISIONS OF THE IDAHO ADMINISTRATIVE PROCEDURE ACT. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 67-4223, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 67-4223. POWERS OF BOARD. The park and recreation board shall: 17 (a) Adopt, amend or rescind rules as may be necessary for the proper 18 administration of the provisions of sections 67-4218, et seq., Idaho Code, and 19 the use and protection of park and recreational areas subject to its jurisdic- 20 tion. A violation of any rule promulgated by the board pursuant to this provi- 21 sion which concerns the use and protection of park and recreation areas is an 22 infraction. 23 (b) Make expenditures for the acquisition, care, control, supervision, 24 improvement, development, extension and maintenance of all lands under the 25 control of the department and to make arrangements, agreements, contracts or 26 commitments, which may or may not involve expenditures or transfer of funds, 27 with the head of any state institution, department or agency for the improve- 28 ment or development of lands or properties under the control of the board, or 29 any other department or agency of the state of Idaho. 30 (c) Appoint advisory, local and regional park and recreational councils, 31 to consider, study and advise in the work of the department for the extension, 32 development, use and maintenance of any areas which are to be considered as 33 future park or recreational sites or which are designated as park recreational 34 areas. 35 (d) Appoint a six (6) member recreational vehicle advisory committee, who 36 shall be compensated as provided in section 59-509(f), Idaho Code, and act in 37 an advisory capacity to the board on matters relating to the development and 38 improvement of recreational vehicle related facilities and services as pro- 39 vided in subsection (e) of this section. Each member of the advisory committee 40 shall be representative of recreational vehicle users with one (1) from each 41 of the districts described in section 67-4221, Idaho Code. The terms of 42 appointment shall be concurrent with the incumbent park and recreation board 43 member from the respective districts. 2 1 (e) Administer the funds derived from the recreational vehicle account 2 established in section 49-448, Idaho Code, to provide financial assistance in 3 the form of grants to public entities for the acquisition, lease, develop- 4 ment, improvement, operations and maintenance of facilities and services 5 designed to promote the health, safety and enjoyment of recreational vehicle 6 users. Up to fifteen percent (15%) of the recreational vehicle account gener- 7 ated each year may be used by the department to defray recreational vehicle 8 program administrative costs. Any moneys unused at the end of the fiscal year 9 shall be returned to the state treasurer for deposit in the recreational vehi- 10 cle account. 11 (f) Cooperate with the United States and its agencies and local govern- 12 ments of the state for the purpose of acquiring, supervising, improving, 13 developing, extending or maintaining lands which are designated as state 14 parks, state monuments or state recreational areas and to secure agreements or 15 contracts with the United States and its agencies or local governments of the 16 state for the accomplishment of the purposes of sections 67-4218, et seq., 17 Idaho Code. 18 (g) Construct, lease or otherwise establish public park or recreational 19 privileges, facilities and conveniences and to operate said recreational ser- 20 vices and to make and collect reasonable charges for their use or to enter 21 into contracts for their operation. The board may adjust fees annually 22 to reflect changes of one dollar ($1.00) or less to park entrance fees, annual 23 passport fees, vessel launching fees, reservation fees, campsite fees and 24 moorage fees, and ten percent (10%) or less for group facility fees (e.g. pic- 25 nic shelters, group dorms, cabins, yurts) without the necessity of complying 26 with the provisions of the Idaho administrative procedure act, chapter 52, 27 title 67, Idaho Code. The board may discount fees in order to offer use incen- 28 tives to generate additional revenue for operation of the state park system. 29 New fees or charges which exceed the limits described in this subsection shall 30 remain subject to the provisions of the Idaho administrative procedure act, 31 chapter 52, title 67, Idaho Code. The net proceeds derived shall be 32 credited to the park and recreation account established in section 67-4225, 33 Idaho Code, and are hereby specifically appropriated to defray the cost of the 34 public park or recreational services. The department is specifically autho- 35 rized to enter into contracts with the United States and its agencies which 36 require that the state expend any excess of revenue above expenses for 37 improvements of the recreational or park area from which the excess was 38 derived. 39 (h) Prepare, maintain and keep up-to-date a comprehensive plan for the 40 provision of the outdoor recreational resources of the state; to develop, 41 operate and maintain outdoor recreational areas and facilities of the state, 42 and to acquire lands, waters and interests in lands and waters for such areas 43 and facilities. 44 (i) Apply to any appropriate agency or officer of the United States for 45 participation in or the receipt of aid from any federal program respecting 46 outdoor recreation. It may enter into contracts and agreements with the United 47 States or any appropriate agency thereof, keep financial and other records 48 relating thereto and furnish to appropriate officials and agencies of the 49 United States reports and information as may be reasonably necessary to enable 50 officials and agencies to perform their duties under such programs. In connec- 51 tion with obtaining the benefits of any program, the park and recreation board 52 shall coordinate its activities with and represent the interests of all agen- 53 cies and subdivisions of the state having interests in the planning, develop- 54 ment and maintenance of outdoor recreational resources and facilities. 55 (j) Obligate the state regarding the responsible management of any fed- 3 1 eral funds transferred to it for the purpose of any federal enactment and, in 2 accordance with the exercise of this responsibility, the state hereby consents 3 to be sued in any United States district court for the recovery of any federal 4 funds that the responsible federal official, department or agency finds have 5 been misused or disposed of contrary to the agreement with the federal offi- 6 cial, department or agency or contrary to the provisions of federal enactment 7 or applicable federal regulations. 8 (k) Cooperate and contract with and receive and expend aid, donations and 9 matching funds from the government of the United States, receive and expend 10 funds from the STORE and to receive and expend donations from other sources 11 to acquire, develop, operate and maintain outdoor recreational areas and 12 facilities of the state and, when authorized or directed by any act of con- 13 gress or any rule or regulation of any agency of the government of the United 14 States, to expend funds donated or granted to the state of Idaho by the fed- 15 eral government for such purposes. 16 Provided, however, the park and recreation board shall make no commitment 17 or enter into any agreement pursuant to an exercise of authority under sec- 18 tions 67-4218, et seq., Idaho Code, until it has determined that sufficient 19 funds are available to it for meeting the state's share, if any, of project 20 costs. It is legislative intent that, to the extent as may be necessary to 21 assure the proper operation and maintenance of areas and facilities acquired 22 or developed pursuant to any program participated in by this state under 23 authority of sections 67-4218, et seq., Idaho Code, such areas and facilities 24 shall be publicly maintained for outdoor recreational purposes. The park and 25 recreation board may enter into and administer agreements with the United 26 States or any appropriate agency thereof for planning, acquisition and devel- 27 opment projects involving participating federal-aid funds or state funds on 28 behalf of any subdivision or subdivisions of this state. Provided, that the 29 subdivision or subdivisions give necessary assurances to the park and recre- 30 ation board that they have available sufficient funds to meet their shares, if 31 any, of the cost of the project and that the acquired or developed areas will 32 be operated and maintained at the expense of the subdivision or subdivisions 33 for public outdoor recreational use. 34 (l) Establish, develop, supervise and maintain through cooperative agree- 35 ment, lease, purchase or other arrangement the Idaho recreation trail system, 36 with the advice of the coordinator created in section 67-4233, Idaho Code, and 37 consistent with the goals of recreation, transportation and public access to 38 outdoor areas.
STATEMENT OF PURPOSE
RS07498C1
The purpose of this legislation is to provide for greater effectiveness and efficiency in
administering the state parks system by authorizing the Parks and Recreation Board to
implement small (one dollar or less) fee increases. Currently, any fee increase must go
through the rules process, which takes considerable time, effort, expense and legislative
approval. Since legislative approval is necessary, fee increases are often levied at the end of
the session or the beginning of the fiscal year making it very confusing for people currently
using parks. It would be less confusing if the fee increases could be levied at the beginning of
the calendar year.
FISCAL IMPACT
There will be no impact to the General Fund. Authorizing the Parks and Recreation Board to
levy small fee increases will enable the department to collect the revenue needed to support
park operations in a more timely fashion.
CONTACT
Name: Yvonne Ferrell, Director
Agency: Department of Parks and Recreation
Phone: 334-41 99
Statement of Purpose/Fiscal Impact
S 1380