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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,
Williams,
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.
Speaker
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
|||| 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
2 RELATING TO POWERS AND DUTIES OF THE PARK AND RECREATION BOARD; AMENDING SEC-
3 TION 67-4223, IDAHO CODE, TO AUTHORIZE THE BOARD TO WAIVE FEES FOR CERTAIN
4 DISABLED IDAHO VETERANS.
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
2
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.
3
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
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.
Contact
Name: Sen. Boatright
Phone: 332 1407
STATEMENT OF PURPOSE/FISCAL NOTE S 116