1998 Legislation
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SENATE BILL NO. 1530 – Park&Rec Bd, discount fees, when


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S1530......................................................by STATE AFFAIRS
PARK AND RECREATION BOARD - FEES - Amends existing law to authorize the
Park and Recreation Board to discount fees in order to offer use incentives
to generate additional revenue for the operation of the state park system.

02/26    Senate intro - 1st rdg - to printing
02/27    Rpt prt - to Res/Env
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Sorensen
    Floor Sponsor - Crow
    Title apvd - to House
03/10    House intro - 1st rdg - to Res/Con
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/19    Rls susp - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Marley, McKague, Meyer, Miller, Mortensen,
      Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
      Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Tippets,
      Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black(15), Campbell, Gould, Mader, Newcomb,
    Floor Sponsor - Bell
    Title apvd - to Senate
03/20    To enrol - rpt enrol - Pres signed
03/23    Sp signed - to Governor
03/25    Governor signed
         Session Law Chapter 361
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1530

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section 67-4223, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        67-4223.  POWERS OF BOARD. The park and recreation board shall:
10        (a)  Adopt, amend or rescind rules as may  be  necessary  for  the  proper
11    administration of the provisions of sections 67-4218, et seq., Idaho Code, and
12    the use and protection of park and recreational areas subject to its jurisdic-
13    tion. A violation of any rule promulgated by the board pursuant to this provi-
14    sion  which concerns the use and protection of park and recreation areas is an
15    infraction.
16        (b)  Make expenditures for the acquisition,  care,  control,  supervision,
17    improvement,  development,  extension  and  maintenance of all lands under the
18    control of the department and to make arrangements, agreements,  contracts  or
19    commitments,  which  may or may not involve expenditures or transfer of funds,
20    with the head of any state institution, department or agency for the  improve-
21    ment  or development of lands or properties under the control of the board, or
22    any other department or agency of the state of Idaho.
23        (c)  Appoint advisory, local and regional park and recreational  councils,
24    to consider, study and advise in the work of the department for the extension,
25    development,  use  and  maintenance of any areas which are to be considered as
26    future park or recreational sites or which are designated as park recreational
27    areas.
28        (d)  Appoint a six (6) member recreational vehicle advisory committee, who
29    shall be compensated as provided in section 59-509(f), Idaho Code, and act  in
30    an  advisory  capacity to the board on matters relating to the development and
31    improvement of recreational vehicle related facilities and  services  as  pro-
32    vided in subsection (e) of this section. Each member of the advisory committee
33    shall  be  representative of recreational vehicle users with one (1) from each
34    of the districts described in  section  67-4221,  Idaho  Code.  The  terms  of
35    appointment  shall  be concurrent with the incumbent park and recreation board
36    member from the respective districts.
37        (e)  Administer the funds derived from the  recreational  vehicle  account
38    established  in section 49-448, Idaho Code, to provide financial assistance in
39    the form of grants to  public entities for the  acquisition,  lease,  develop-
40    ment,  improvement,  operations  and  maintenance  of  facilities and services
41    designed to promote the health, safety and enjoyment of  recreational  vehicle
42    users.  Up to fifteen percent (15%) of the recreational vehicle account gener-
43    ated each year may be used by the department to  defray  recreational  vehicle


 1    program administrative  costs. Any moneys unused at the end of the fiscal year
 2    shall be returned to the state treasurer for deposit in the recreational vehi-
 3    cle account.
 4        (f)  Cooperate  with  the United States and its agencies and local govern-
 5    ments of the state for  the  purpose  of  acquiring,  supervising,  improving,
 6    developing,  extending  or  maintaining  lands  which  are designated as state
 7    parks, state monuments or state recreational areas and to secure agreements or
 8    contracts with the United States and its agencies or local governments of  the
 9    state  for  the  accomplishment  of the purposes of sections 67-4218, et seq.,
10    Idaho Code.
11        (g)  Construct, lease or otherwise establish public park  or  recreational
12    privileges,  facilities and conveniences and to operate said recreational ser-
13    vices and to make and collect reasonable charges for their  use  or  to  enter
14    into contracts for their operation.  The board may discount fees in order
15    to  offer  use  incentives to generate additional revenue for operation of the
16    state park system.  The net proceeds derived shall be  credited  to  the
17    park  and  recreation  account established in section 67-4225, Idaho Code, and
18    are hereby specifically appropriated to defray the cost of the public park  or
19    recreational services. The department is specifically authorized to enter into
20    contracts with the United States and its agencies which require that the state
21    expend  any  excess  of  revenue above expenses for improvements of the recre-
22    ational or park area from which the excess was derived.
23        (h)  Prepare, maintain and keep up-to-date a comprehensive  plan  for  the
24    provision  of  the  outdoor  recreational  resources of the state; to develop,
25    operate and maintain outdoor recreational areas and facilities of  the  state,
26    and  to acquire lands, waters and interests in lands and waters for such areas
27    and facilities.
28        (i)  Apply to any appropriate agency or officer of the United  States  for
29    participation  in  or  the  receipt of aid from any federal program respecting
30    outdoor recreation. It may enter into contracts and agreements with the United
31    States or any appropriate agency thereof, keep  financial  and  other  records
32    relating  thereto  and  furnish  to  appropriate officials and agencies of the
33    United States reports and information as may be reasonably necessary to enable
34    officials and agencies to perform their duties under such programs. In connec-
35    tion with obtaining the benefits of any program, the park and recreation board
36    shall coordinate its activities with and represent the interests of all  agen-
37    cies  and subdivisions of the state having interests in the planning, develop-
38    ment and maintenance of outdoor recreational resources and facilities.
39        (j)  Obligate the state regarding the responsible management of  any  fed-
40    eral  funds transferred to it for the purpose of any federal enactment and, in
41    accordance with the exercise of this responsibility, the state hereby consents
42    to be sued in any United States district court for the recovery of any federal
43    funds that the responsible federal official, department or agency  finds  have
44    been  misused  or disposed of contrary to the agreement with the federal offi-
45    cial, department or agency or contrary to the provisions of federal  enactment
46    or applicable federal regulations.
47        (k)  Cooperate and contract with and receive and expend aid, donations and
48    matching  funds  from  the government of the United States, receive and expend
49    funds from  the STORE and to receive and expend donations from  other  sources
50    to  acquire,  develop,  operate  and  maintain  outdoor recreational areas and
51    facilities of the state and, when authorized or directed by any  act  of  con-
52    gress  or any rule or regulation of any agency of the government of the United
53    States, to expend funds donated or granted to the state of Idaho by  the  fed-
54    eral government for such purposes.
55        Provided,  however, the park and recreation board shall make no commitment


 1    or enter into any agreement pursuant to an exercise of  authority  under  sec-
 2    tions  67-4218,  et  seq., Idaho Code, until it has determined that sufficient
 3    funds are available to it for meeting the state's share, if  any,  of  project
 4    costs.  It  is  legislative  intent that, to the extent as may be necessary to
 5    assure the proper operation and maintenance of areas and  facilities  acquired
 6    or  developed  pursuant  to  any  program  participated in by this state under
 7    authority of sections 67-4218, et seq., Idaho Code, such areas and  facilities
 8    shall  be  publicly maintained for outdoor recreational purposes. The park and
 9    recreation board may enter into and  administer  agreements  with  the  United
10    States  or any appropriate agency thereof for planning, acquisition and devel-
11    opment projects involving participating federal-aid funds or  state  funds  on
12    behalf  of  any  subdivision or subdivisions of this state. Provided, that the
13    subdivision or subdivisions give necessary assurances to the park  and  recre-
14    ation board that they have available sufficient funds to meet their shares, if
15    any,  of the cost of the project and that the acquired or developed areas will
16    be operated and maintained at the expense of the subdivision  or  subdivisions
17    for public outdoor recreational use.
18        (l)  Establish, develop, supervise and maintain through cooperative agree-
19    ment,  lease, purchase or other arrangement the Idaho recreation trail system,
20    with the advice of the coordinator created in section 67-4233, Idaho Code, and
21    consistent with the goals of recreation, transportation and public  access  to
22    outdoor areas.

Statement of Purpose / Fiscal Impact


                            STATEMENT OF PURPOSE
    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 discount fees. This would
    enable the Board to offer use incentives to generate additional revenue for
    operation of the state park system.
                                FISCAL IMPACT
    There will be no impact to the General Fund. The legislation will
    enable the department to collect revenue needed to support park
    CONTACT: Yvonne Ferrell, Director
               Department of Parks and Recreation
    S 1530