2001 Legislation
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SENATE BILL NO. 1162 – Park/Red Bd, fees waived, veterans


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Daily Data Tracking History

S1162......................................................by STATE AFFAIRS
PARK AND RECREATION - FEES - Amends existing law to authorize the Park and
Recreation Board to waive fees for Idaho veterans with 100% disability.
02/13    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Res/Env
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Boatright
    Title apvd - to House
02/26    House intro - 1st rdg - to St Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 63-0-7
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(13), Field(20),
      Gould, Hadley, Hammond, Harwood, Hornbeck, Jaquet, Jones, Kellogg,
      Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague,
      Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie,
      Stevenson, Stone, Swan(Hansen), Tilman, Trail, Wood, Young, Mr.
      NAYS -- None
      Absent and excused -- Ellis, Gagner, Henbest, Higgins, Raybould,
      Schaefer, Wheeler
    Floor Sponsor -- Eskridge
    Title apvd - to Senate
03/06    To enrol
03/07    Rpt enrol - Pres signed
03/08    Sp signed
03/09    To Governor
03/15    Governor signed
         Session Law Chapter 43
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                       IN THE SENATE
                                    SENATE BILL NO. 1162
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section 67-4223, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        67-4223.  POWERS OF BOARD. The park and recreation board shall:
  9        (a)  Adopt, amend or rescind rules as may  be  necessary  for  the  proper
 10    administration of the provisions of sections 67-4218, et seq., Idaho Code, and
 11    the use and protection of park and recreational areas subject to its jurisdic-
 12    tion. A violation of any rule promulgated by the board pursuant to this provi-
 13    sion  which concerns the use and protection of park and recreation areas is an
 14    infraction.
 15        (b)  Make expenditures for the acquisition,  care,  control,  supervision,
 16    improvement,  development,  extension  and  maintenance of all lands under the
 17    control of the department and to make arrangements, agreements,  contracts  or
 18    commitments,  which  may or may not involve expenditures or transfer of funds,
 19    with the head of any state institution, department or agency for the  improve-
 20    ment  or development of lands or properties under the control of the board, or
 21    any other department or agency of the state of Idaho.
 22        (c)  Appoint advisory, local and regional park and recreational  councils,
 23    to consider, study and advise in the work of the department for the extension,
 24    development,  use  and  maintenance of any areas which are to be considered as
 25    future park or recreational sites or which are designated as park recreational
 26    areas.
 27        (d)  Appoint a six (6) member recreational vehicle advisory committee, who
 28    shall be compensated as provided in section 59-509(f), Idaho Code, and act  in
 29    an  advisory  capacity to the board on matters relating to the development and
 30    improvement of recreational vehicle related facilities and  services  as  pro-
 31    vided in subsection (e) of this section. Each member of the advisory committee
 32    shall  be  representative of recreational vehicle users with one (1) from each
 33    of the districts described in  section  67-4221,  Idaho  Code.  The  terms  of
 34    appointment  shall  be concurrent with the incumbent park and recreation board
 35    member from the respective districts.
 36        (e)  Administer the funds derived from the  recreational  vehicle  account
 37    established  in section 49-448, Idaho Code, to provide financial assistance in
 38    the form of grants to  public entities for the  acquisition,  lease,  develop-
 39    ment,  improvement,  operations  and  maintenance  of  facilities and services
 40    designed to promote the health, safety and enjoyment of  recreational  vehicle
 41    users.  Up to fifteen percent (15%) of the recreational vehicle account gener-
 42    ated each year may be used by the department to  defray  recreational  vehicle
 43    program  administrative costs. Any moneys unused at the end of the fiscal year
  1    shall be returned to the state treasurer for deposit in the recreational vehi-
  2    cle account.
  3        (f)  Cooperate with the United States and its agencies and  local  govern-
  4    ments  of  the  state  for  the  purpose of acquiring, supervising, improving,
  5    developing, extending or maintaining  lands  which  are  designated  as  state
  6    parks, state monuments or state recreational areas and to secure agreements or
  7    contracts  with the United States and its agencies or local governments of the
  8    state for the accomplishment of the purposes of  sections  67-4218,  et  seq.,
  9    Idaho Code.
 10        (g)  Construct,  lease  or otherwise establish public park or recreational
 11    privileges, facilities and conveniences and to operate said recreational  ser-
 12    vices  and  to  make  and collect reasonable charges for their use or to enter
 13    into contracts for their operation. The board may discount fees  in  order  to
 14    offer use incentives to generate additional revenue for operation of the state
 15    park system. The board may provide for waiver of fees to any resident of Idaho
 16    who is a disabled veteran and whose disability is rated at one hundred percent
 17    (100%) or higher, permanent and total. The net proceeds derived shall be cred-
 18    ited  to the park and recreation account established in section 67-4225, Idaho
 19    Code, and are hereby specifically appropriated to defray the cost of the  pub-
 20    lic  park  or recreational services. The department is specifically authorized
 21    to enter into contracts with the United States and its agencies which  require
 22    that the state expend any excess of revenue above expenses for improvements of
 23    the recreational or park area from which the excess was derived.
 24        (h)  Prepare,  maintain  and  keep up-to-date a comprehensive plan for the
 25    provision of the outdoor recreational resources  of  the  state;  to  develop,
 26    operate  and  maintain outdoor recreational areas and facilities of the state,
 27    and to acquire lands, waters and interests in lands and waters for such  areas
 28    and facilities.
 29        (i)  Apply  to  any appropriate agency or officer of the United States for
 30    participation in or the receipt of aid from  any  federal  program  respecting
 31    outdoor recreation. It may enter into contracts and agreements with the United
 32    States  or  any  appropriate  agency thereof, keep financial and other records
 33    relating thereto and furnish to appropriate  officials  and  agencies  of  the
 34    United States reports and information as may be reasonably necessary to enable
 35    officials and agencies to perform their duties under such programs. In connec-
 36    tion with obtaining the benefits of any program, the park and recreation board
 37    shall  coordinate its activities with and represent the interests of all agen-
 38    cies and subdivisions of the state having interests in the planning,  develop-
 39    ment and maintenance of outdoor recreational resources and facilities.
 40        (j)  Obligate  the  state regarding the responsible management of any fed-
 41    eral funds transferred to it for the purpose of any federal enactment and,  in
 42    accordance with the exercise of this responsibility, the state hereby consents
 43    to be sued in any United States district court for the recovery of any federal
 44    funds  that  the responsible federal official, department or agency finds have
 45    been misused or disposed of contrary to the agreement with the  federal  offi-
 46    cial,  department or agency or contrary to the provisions of federal enactment
 47    or applicable federal regulations.
 48        (k)  Cooperate and contract with and receive and expend aid, donations and
 49    matching funds from the government of the United States,  receive  and  expend
 50    funds from the STORE and to receive and expend donations from other sources to
 51    acquire,  develop, operate and maintain outdoor recreational areas and facili-
 52    ties of the state and, when authorized or directed by any act of  congress  or
 53    any  rule  or regulation of any agency of the government of the United States,
 54    to expend funds donated or granted to the state of Idaho by the  federal  gov-
 55    ernment for such purposes.
  1        Provided,  however, the park and recreation board shall make no commitment
  2    or enter into any agreement pursuant to an exercise of  authority  under  sec-
  3    tions  67-4218,  et  seq., Idaho Code, until it has determined that sufficient
  4    funds are available to it for meeting the state's share, if  any,  of  project
  5    costs.  It  is  legislative  intent that, to the extent as may be necessary to
  6    assure the proper operation and maintenance of areas and  facilities  acquired
  7    or  developed  pursuant  to  any  program  participated in by this state under
  8    authority of sections 67-4218, et seq., Idaho Code, such areas and  facilities
  9    shall  be  publicly maintained for outdoor recreational purposes. The park and
 10    recreation board may enter into and  administer  agreements  with  the  United
 11    States  or any appropriate agency thereof for planning, acquisition and devel-
 12    opment  projects  involving  participating federal-aid funds or state funds on
 13    behalf of any subdivision or subdivisions of this state.  Provided,  that  the
 14    subdivision  or  subdivisions give necessary assurances to the park and recre-
 15    ation board that they have available sufficient funds to meet their shares, if
 16    any, of the cost of the project and that the acquired or developed areas  will
 17    be  operated  and maintained at the expense of the subdivision or subdivisions
 18    for public outdoor recreational use.
 19        (l)  Establish, develop, supervise and maintain through cooperative agree-
 20    ment, lease, purchase or other arrangement the Idaho recreation trail  system,
 21    with the advice of the coordinator created in section 67-4233, Idaho Code, and
 22    consistent  with  the goals of recreation, transportation and public access to
 23    outdoor areas.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                          RS RS1O917C1
This legislation amends Section 67-4223 Idaho Code allowing the
Park and Recreation Board to waive fees for 100% permanent and
total disabled veterans who are residents of the state of Idaho.
The Board feels that the fiscal impact on the department would be
negligible. These veterans are the only ones allowed to have the
DV license plates. They receive a rating decision paper from the
VA that declares them permanent and total 100% disabled with no
future exams scheduled. These veterans are the only ones also
issued a card by the VA.

                           FISCAL IMPACT

No impact to the general fund.

       Name:  Sen. Boatright
       Phone: 332 1407