1998 Legislation
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HOUSE BILL NO. 602 – State parks/disabled vets/no charge


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Daily Data Tracking History

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

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 602


 1                                        AN ACT

 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


 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


 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:

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-


 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 / Fiscal Impact


                           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 
                               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
    Bill No. H 602