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H0602.........................................by TRANSPORTATION AND DEFENSE
STATE PARKS - DISABLED VETERANS - Amends existing law to require the state
Park and Recreation Board to devise a system for issuing special permits to
resident disabled veterans which allow permittees free access to and free
parking privileges within all state parks, including winter recreational
parking locations.
02/03 House intro - 1st rdg - to printing
02/04 Rpt prt - to Transp
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 54-14-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Callister, Campbell, Clark, Crane, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gould, Hansen, Henbest,
Hornbeck, Jones(22), Jones(20), Judd, Kempton, Kjellander, Kunz,
Loertscher, Mader, Marley, McKague, Miller, Mortensen, Newcomb,
Pischner, Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer,
Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tippets, Trail, Watson,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Boe, Bruneel, Chase, Gagner, Geddes, Hadley, Jaquet,
Jones(9), Kellogg, Kendell, Lake, Linford, Meyer, Richman
Absent and excused -- Crow, Tilman
Floor Sponsor - Denney
Title apvd - to Senate
03/12 Senate intro - 1st rdg - to Transp
H0602|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 602 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO STATE PARKS; AMENDING SECTION 67-4223, IDAHO CODE, TO REQUIRE THE 3 STATE PARK AND RECREATION BOARD TO DEVISE A SYSTEM FOR ISSUING A SPECIAL 4 PERMIT TO RESIDENT DISABLED WAR VETERANS WHICH ALLOWS THE PERMITTEE FREE 5 ACCESS TO AND FREE PARKING PRIVILEGES WITHIN ALL STATE PARKS INCLUDING 6 WINTER RECREATIONAL PARKING LOCATIONS; AND AMENDING SECTION 67-7115, IDAHO 7 CODE, TO PROVIDE FOR DISPLAY OF A RESIDENT DISABLED WAR VETERANS PARKING 8 PERMIT IN WINTER RECREATIONAL PARKING LOCATIONS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 67-4223, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-4223. POWERS OF BOARD. The park and recreation board shall: 13 (a) Adopt, amend or rescind rules as may be necessary for the proper 14 administration of the provisions of sections 67-4218, et seq., Idaho Code, and 15 the use and protection of park and recreational areas subject to its jurisdic- 16 tion. A violation of any rule promulgated by the board pursuant to this provi- 17 sion which concerns the use and protection of park and recreation areas is an 18 infraction. 19 (b) Make expenditures for the acquisition, care, control, supervision, 20 improvement, development, extension and maintenance of all lands under the 21 control of the department and to make arrangements, agreements, contracts or 22 commitments, which may or may not involve expenditures or transfer of funds, 23 with the head of any state institution, department or agency for the improve- 24 ment or development of lands or properties under the control of the board, or 25 any other department or agency of the state of Idaho. 26 (c) Appoint advisory, local and regional park and recreational councils, 27 to consider, study and advise in the work of the department for the extension, 28 development, use and maintenance of any areas which are to be considered as 29 future park or recreational sites or which are designated as park recreational 30 areas. 31 (d) Appoint a six (6) member recreational vehicle advisory committee, who 32 shall be compensated as provided in section 59-509(f), Idaho Code, and act in 33 an advisory capacity to the board on matters relating to the development and 34 improvement of recreational vehicle related facilities and services as pro- 35 vided in subsection (e) of this section. Each member of the advisory committee 36 shall be representative of recreational vehicle users with one (1) from each 37 of the districts described in section 67-4221, Idaho Code. The terms of 38 appointment shall be concurrent with the incumbent park and recreation board 39 member from the respective districts. 40 (e) Administer the funds derived from the recreational vehicle account 41 established in section 49-448, Idaho Code, to provide financial assistance in 42 the form of grants to public entities for the acquisition, lease, develop- 43 ment, improvement, operations and maintenance of facilities and services 2 1 designed to promote the health, safety and enjoyment of recreational vehicle 2 users. Up to fifteen percent (15%) of the recreational vehicle account gener- 3 ated each year may be used by the department to defray recreational vehicle 4 program administrative costs. Any moneys unused at the end of the fiscal year 5 shall be returned to the state treasurer for deposit in the recreational vehi- 6 cle account. 7 (f) Cooperate with the United States and its agencies and local govern- 8 ments of the state for the purpose of acquiring, supervising, improving, 9 developing, extending or maintaining lands which are designated as state 10 parks, state monuments or state recreational areas and to secure agreements or 11 contracts with the United States and its agencies or local governments of the 12 state for the accomplishment of the purposes of sections 67-4218, et seq., 13 Idaho Code. 14 (g) Construct, lease or otherwise establish public park or recreational 15 privileges, facilities and conveniences and to operate said recreational ser- 16 vices and to make and collect reasonable charges for their use or to enter 17 into contracts for their operation. The net proceeds derived shall be credited 18 to the park and recreation account established in section 67-4225, Idaho Code, 19 and are hereby specifically appropriated to defray the cost of the public park 20 or recreational services. The department is specifically authorized to enter 21 into contracts with the United States and its agencies which require that the 22 state expend any excess of revenue above expenses for improvements of the rec- 23 reational or park area from which the excess was derived. 24 Devise a system which allows resident disabled war veterans to apply 25 for, and upon meeting the qualifications, receive a special permit authorizing 26 the permittee to have free access to and free parking privileges within all 27 state parks including winter recreational parking locations. The applicant 28 shall have resided in the state for not less than one (1) year immediately 29 prior to the date of application and shall submit a copy of form DD214 and 30 written proof that the applicant has a service-related disability of forty 31 percent (40%) or greater. The board shall not charge any fee for the applica- 32 tion or issuance of this special permit. 33 (h) Prepare, maintain and keep up-to-date a comprehensive plan for the 34 provision of the outdoor recreational resources of the state; to develop, 35 operate and maintain outdoor recreational areas and facilities of the state, 36 and to acquire lands, waters and interests in lands and waters for such areas 37 and facilities. 38 (i) Apply to any appropriate agency or officer of the United States for 39 participation in or the receipt of aid from any federal program respecting 40 outdoor recreation. It may enter into contracts and agreements with the United 41 States or any appropriate agency thereof, keep financial and other records 42 relating thereto and furnish to appropriate officials and agencies of the 43 United States reports and information as may be reasonably necessary to enable 44 officials and agencies to perform their duties under such programs. In connec- 45 tion with obtaining the benefits of any program, the park and recreation board 46 shall coordinate its activities with and represent the interests of all agen- 47 cies and subdivisions of the state having interests in the planning, develop- 48 ment and maintenance of outdoor recreational resources and facilities. 49 (j) Obligate the state regarding the responsible management of any fed- 50 eral funds transferred to it for the purpose of any federal enactment and, in 51 accordance with the exercise of this responsibility, the state hereby consents 52 to be sued in any United States district court for the recovery of any federal 53 funds that the responsible federal official, department or agency finds have 54 been misused or disposed of contrary to the agreement with the federal offi- 55 cial, department or agency or contrary to the provisions of federal enactment 3 1 or applicable federal regulations. 2 (k) Cooperate and contract with and receive and expend aid, donations and 3 matching funds from the government of the United States, receive and expend 4 funds from the STORE and to receive and expend donations from other sources to 5 acquire, develop, operate and maintain outdoor recreational areas and facili- 6 ties of the state and, when authorized or directed by any act of congress or 7 any rule or regulation of any agency of the government of the United States, 8 to expend funds donated or granted to the state of Idaho by the federal gov- 9 ernment for such purposes. 10 Provided, however, the park and recreation board shall make no commitment 11 or enter into any agreement pursuant to an exercise of authority under sec- 12 tions 67-4218, et seq., Idaho Code, until it has determined that sufficient 13 funds are available to it for meeting the state's share, if any, of project 14 costs. It is legislative intent that, to the extent as may be necessary to 15 assure the proper operation and maintenance of areas and facilities acquired 16 or developed pursuant to any program participated in by this state under 17 authority of sections 67-4218, et seq., Idaho Code, such areas and facilities 18 shall be publicly maintained for outdoor recreational purposes. The park and 19 recreation board may enter into and administer agreements with the United 20 States or any appropriate agency thereof for planning, acquisition and devel- 21 opment projects involving participating federal-aid funds or state funds on 22 behalf of any subdivision or subdivisions of this state. Provided, that the 23 subdivision or subdivisions give necessary assurances to the park and recre- 24 ation board that they have available sufficient funds to meet their shares, if 25 any, of the cost of the project and that the acquired or developed areas will 26 be operated and maintained at the expense of the subdivision or subdivisions 27 for public outdoor recreational use. 28 (l) Establish, develop, supervise and maintain through cooperative agree- 29 ment, lease, purchase or other arrangement the Idaho recreation trail system, 30 with the advice of the coordinator created in section 67-4233, Idaho Code, and 31 consistent with the goals of recreation, transportation and public access to 32 outdoor areas. 33 SECTION 2. That Section 67-7115, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 67-7115. WINTER RECREATIONAL PARKING PERMIT -- FEE -- FINES -- PERMITS 36 FOR SNOWMOBILE OWNERS -- EXEMPTIONS. (1) Except as hereinafter provided, no 37 person shall, from November 15 of any year to April 30 of the next year, park 38 a vehicle in a winter recreational parking location unless the vehicle dis- 39 plays an annual , resident disabled war veteran or temporary park- 40 ing permit. The annual permit shall be permanently affixed and the temporary 41 permit shall be temporarily affixed on the front window of the vehicle nearest 42 the driver's seat in such a manner that they are completely visible and shall 43 be kept in a legible condition at all times. 44 (2) The fee for the annual permit and the temporary permit shall be set 45 by the board, but shall not exceed thirty dollars ($30.00) for the annual per- 46 mit or ten dollars ($10.00) for the temporary permit. 47 (3) The owner of any vehicle, as defined in chapter 1, title 49, Idaho 48 Code, that violates the provisions of subsection (1) of this section has com- 49 mitted an infraction punishable as provided under section 18-113A, Idaho Code, 50 and shall be punished with a fine of not less than twenty dollars ($20.00) or 51 more than fifty dollars ($50.00). The fact that a motor vehicle which is 52 illegally parked under the provisions of this chapter is registered or leased 53 in the name of a person shall be considered prima facie evidence that the per- 4 1 son was in control of the vehicle at the time of parking. 2 (4) Snowmobile owners, when snowmobiling, shall be allowed to park their 3 transportation vehicles in a designated winter recreational parking area with- 4 out displaying a parking permit. 5 (5) No parking permit shall be required under the provisions of this sec- 6 tion for a vehicle owned and operated by the United States, any state or a 7 political subdivision of a state, or a vehicle registered in another state, if 8 that vehicle displays a similar cross-country skiing permit, but only to the 9 extent that an exception or privilege is granted under the laws of that state 10 for permit holders from this state.
STATEMENT OF PURPOSE
RS 07712
To require State Parks and Recreation to issue free special
permits for access and parking to all state parks for resident
disabled veterans who have a 40% or greater service related
disability.
FISCAL NOTE
There are currently 3200 vets in Idaho who would qualify as at
least 40% disabled. The actual number who would take advantage of
this benefit is unknown but the number is expected to be relatively
small and the fiscal impact to be small.
CONTACT: Representative Lawrence Denney
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 602