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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
NAYS--None
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,
Taylor
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
S1530|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1530 BY STATE AFFAIRS 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 DISCOUNT FEES IN ORDER TO 4 OFFER USE INCENTIVES TO GENERATE ADDITIONAL REVENUE FOR OPERATION OF THE 5 STATE PARK SYSTEM. 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 2 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 3 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
RS08147
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
operations.
CONTACT: Yvonne Ferrell, Director
Department of Parks and Recreation
334-4199
S 1530