2002 Legislation
Print Friendly

SENATE BILL NO. 1390 – Parks & Rec Comm, lease lands, use

SENATE BILL NO. 1390

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1390aa,aa.................................by LOCAL GOVERNMENT AND TAXATION
PARKS AND RECREATION BOARD - Amends existing law to authorize the Parks and
Recreation Board to expend moneys for leasing of land; to authorize the
board to cooperate with the United States and its agencies and local
governments of the state for the purpose of leasing lands; to authorize the
board to enter into leases or agreements with local governments for the
operation and maintenance of outdoor recreational areas and facilities of
the state; to allow the board to apply to an appropriate agency or officer
of the United States for participation by the Department of Parks and
Recreation or a political subdivision of the state for federal aid; and to
authorize the board to enter into agreements with cities, counties,
recreation districts or other political subdivisions of the state to
cost-effectively provide recreational facilities, opportunities and
services to the citizens of the state.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Res/Env
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/15    To 14th Ord
02/20    Rpt out amen - to engros
02/21    Rpt engros - 1st rdg - to 2nd rdg as amen
02/22    2nd rdg - to 3rd rdg as amen
02/27    To 14th Ord
03/04    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Hawkins, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Goedde, Keough
    Floor Sponsors - Bunderson & Andreason
    Title apvd - to House
03/08    House intro - 1st rdg - to Res/Con
03/14    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 64-1-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Wood, Young
      NAYS -- McKague
      Absent and excused -- Aikele, Deal, Kellogg, Meyer, Mr. Speaker
    Floor Sponsor - Moyle
    Title apvd - to Senate
03/14    To enrol
03/15    Rpt enrol - Pres signed - Sp signed
03/18    To Governor
03/22    Governor signed
         Session Law Chapter 225
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1390
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF PARKS AND RECREATION; AMENDING SECTION  67-4219,
  3        IDAHO  CODE,  TO  PROVIDE  ADDITIONAL LEGISLATIVE INTENT; AMENDING SECTION
  4        67-4223, IDAHO CODE, TO AUTHORIZE THE PARKS AND RECREATION BOARD TO EXPEND
  5        MONEYS FOR LEASING OF LANDS AND TO AUTHORIZE THE BOARD TO  COOPERATE  WITH
  6        THE  UNITED STATES AND ITS AGENCIES AND LOCAL GOVERNMENTS OF THE STATE FOR
  7        THE PURPOSE OF LEASING LANDS WHICH ARE DESIGNATED AS EITHER  STATE  PARKS,
  8        STATE  MONUMENTS  OR STATE RECREATIONAL AREAS OR RECREATIONAL AREAS DEVEL-
  9        OPED AND MANAGED JOINTLY BY THE DEPARTMENT OF PARKS AND RECREATION  AND  A
 10        POLITICAL  SUBDIVISION OF THIS STATE, TO AUTHORIZE THE BOARD TO ENTER INTO
 11        LEASES OR AGREEMENTS WITH LOCAL GOVERNMENTS FOR THE OPERATION AND  MAINTE-
 12        NANCE  OF OUTDOOR RECREATIONAL AREAS AND FACILITIES OF THE STATE, TO ALLOW
 13        THE BOARD TO APPLY TO AN APPROPRIATE  AGENCY  OR  OFFICER  OF  THE  UNITED
 14        STATES  FOR  PARTICIPATION  BY THE DEPARTMENT OF PARKS AND RECREATION OR A
 15        POLITICAL SUBDIVISION OF THE STATE FOR FEDERAL AID, AND TO  AUTHORIZE  THE
 16        BOARD TO ENTER INTO AGREEMENTS WITH CITIES, COUNTIES, RECREATION DISTRICTS
 17        OR  OTHER  POLITICAL SUBDIVISIONS OF THE STATE TO COST-EFFECTIVELY PROVIDE
 18        RECREATIONAL FACILITIES, OPPORTUNITIES AND SERVICES TO THE CITIZENS OF THE
 19        STATE.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION 1.  That Section 67-4219, Idaho Code, be,  and the same is  hereby
 22    amended to read as follows:
                                                                        
 23        67-4219.  INTENT  OF LEGISLATURE. It is the intent of the legislature that
 24    the department of parks and recreation shall formulate and put into  execution
 25    a  long  range, comprehensive plan and program for the acquisition or leasing,
 26    planning, protection, operation, maintenance,  development  and  wise  use  of
 27    areas of scenic beauty, recreational utility, historic, archaeological or sci-
 28    entific interest, to the end that the health, happiness, recreational opportu-
 29    nities  and  wholesome  enjoyment of life of the people may be further encour-
 30    aged. The department may fulfill this mission by entering into agreements with
 31    cities, counties, recreation districts or other political subdivisions of  the
 32    state.  The  legislature  finds  that  the state of Idaho and its subdivisions
 33    should enjoy the benefits of federal and state  assistance  programs  for  the
 34    planning  and  development of the outdoor recreational resources of the state,
 35    including the acquisition  or  leasing  of  lands  and  waters  and  interests
 36    therein.  It  is  the  purpose  of this act to provide authority to enable the
 37    state of Idaho and its subdivisions to participate in  the  benefits  of  such
 38    programs.
                                                                        
 39        SECTION  2.  That  Section 67-4223, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        67-4223.  POWERS OF BOARD. The park and recreation board shall:
                                                                        
                                           2
                                                                        
  1        (a)  Adopt, amend or rescind rules as may  be  necessary  for  the  proper
  2    administration of the provisions of sections 67-4218, et seq., Idaho Code, and
  3    the use and protection of park and recreational areas subject to its jurisdic-
  4    tion. A violation of any rule promulgated by the board pursuant to this provi-
  5    sion  which concerns the use and protection of park and recreation areas is an
  6    infraction.
  7        (b)  Make expenditures for the acquisition, leasing, care, control, super-
  8    vision, improvement, development, extension and maintenance of all lands under
  9    the  control of the department and to make arrangements, agreements, contracts
 10    or commitments, which may or may  not  involve  expenditures  or  transfer  of
 11    funds,  with  the  head of any state institution, department or agency for the
 12    improvement or development of lands or properties under  the  control  of  the
 13    board, or any other department or agency of the state of Idaho.
 14        (c)  Appoint  advisory, local and regional park and recreational councils,
 15    to consider, study and advise in the work of the department for the extension,
 16    development, use and maintenance of any areas which are to  be  considered  as
 17    future park or recreational sites or which are designated as park recreational
 18    areas.
 19        (d)  Appoint a six (6) member recreational vehicle advisory committee, who
 20    shall  be compensated as provided in section 59-509(f), Idaho Code, and act in
 21    an advisory capacity to the board on matters relating to the  development  and
 22    improvement  of  recreational  vehicle related facilities and services as pro-
 23    vided in subsection (e) of this section. Each member of the advisory committee
 24    shall be representative of recreational vehicle users with one (1)  from  each
 25    of  the  districts  described  in  section  67-4221,  Idaho Code. The terms of
 26    appointment shall be concurrent with the incumbent park and  recreation  board
 27    member from the respective districts.
 28        (e)  Administer  the  funds  derived from the recreational vehicle account
 29    established in section 49-448, Idaho Code, to provide financial assistance  in
 30    the  form  of  grants to  public entities for the acquisition, lease, develop-
 31    ment, improvement, operations  and  maintenance  of  facilities  and  services
 32    designed  to  promote the health, safety and enjoyment of recreational vehicle
 33    users. Up to fifteen percent (15%) of the recreational vehicle account  gener-
 34    ated  each  year  may be used by the department to defray recreational vehicle
 35    program administrative costs. Any moneys unused at the end of the fiscal  year
 36    shall be returned to the state treasurer for deposit in the recreational vehi-
 37    cle account.
 38        (f)  Cooperate  with  the United States and its agencies and local govern-
 39    ments of the state for the purpose of acquiring, leasing, supervising, improv-
 40    ing, developing, extending  or  maintaining  lands  which  are  designated  as
 41    either:  state  parks,  state  monuments or state recreational areas or recre-
 42    ational areas developed and managed jointly by the department and a  political
 43    subdivision  of  this  state,  and  to secure agreements or contracts with the
 44    United States and its agencies or local  governments  of  the  state  for  the
 45    accomplishment of the purposes of sections 67-4218, et seq., Idaho Code.
 46        (g)  Construct,  lease  or otherwise establish public park or recreational
 47    privileges, facilities and conveniences and to operate said recreational  ser-
 48    vices  and  to  make  and collect reasonable charges for their use or to enter
 49    into contracts for their operation. The board may discount fees  in  order  to
 50    offer use incentives to generate additional revenue for operation of the state
 51    park system. The board may provide for waiver of fees to any resident of Idaho
 52    who is a disabled veteran and whose disability is rated at one hundred percent
 53    (100%) or higher, permanent and total. The net proceeds derived shall be cred-
 54    ited  to the park and recreation account established in section 67-4225, Idaho
 55    Code, and are hereby specifically appropriated to defray the cost of the  pub-
                                                                        
                                           3
                                                                        
  1    lic  park  or recreational services. The department is specifically authorized
  2    to enter into contracts with the United States and its agencies which  require
  3    that the state expend any excess of revenue above expenses for improvements of
  4    the recreational or park area from which the excess was derived.
  5        (h)  Prepare,  maintain  and  keep up-to-date a comprehensive plan for the
  6    provision of the outdoor recreational resources  of  the  state;  to  develop,
  7    operate  and  maintain  or  enter into leases or agreements with local govern-
  8    ments  for the operation and maintenance of  outdoor  recreational  areas  and
  9    facilities  of  the state, and to acquire lands, waters and interests in lands
 10    and waters for such areas and facilities.
 11        (i)  Apply to any appropriate agency or officer of the United  States  for
 12    participation  in by the department or a political subdivision of the state or
 13    the receipt of aid from any federal program respecting outdoor recreation.  It
 14    may  enter  into contracts and agreements with the United States or any appro-
 15    priate agency thereof, keep financial and other records relating  thereto  and
 16    furnish to appropriate officials and agencies of the United States reports and
 17    information as may be reasonably necessary to enable officials and agencies to
 18    perform  their  duties  under  such programs. In connection with obtaining the
 19    benefits of any program, the park and recreation board  shall  coordinate  its
 20    activities  with  and represent the interests of all agencies and subdivisions
 21    of the state having interests in the planning, development and maintenance  of
 22    outdoor recreational resources and facilities.
 23        (j)  Obligate  the  state regarding the responsible management of any fed-
 24    eral funds transferred to it for the purpose of any federal enactment and,  in
 25    accordance with the exercise of this responsibility, the state hereby consents
 26    to be sued in any United States district court for the recovery of any federal
 27    funds  that  the responsible federal official, department or agency finds have
 28    been misused or disposed of contrary to the agreement with the  federal  offi-
 29    cial,  department or agency or contrary to the provisions of federal enactment
 30    or applicable federal regulations.
 31        (k)  Cooperate and contract with and receive and expend aid, donations and
 32    matching funds from the government of the United States,  receive  and  expend
 33    funds from the STORE and to receive and expend donations from other sources to
 34    acquire,  develop, operate and maintain outdoor recreational areas and facili-
 35    ties of the state and, when authorized or directed by any act of  congress  or
 36    any  rule  or regulation of any agency of the government of the United States,
 37    to expend funds donated or granted to the state of Idaho by the  federal  gov-
 38    ernment for such purposes.
 39        Provided,  however, the park and recreation board shall make no commitment
 40    or enter into any agreement pursuant to an exercise of  authority  under  sec-
 41    tions  67-4218,  et  seq., Idaho Code, until it has determined that sufficient
 42    funds are available to it for meeting the state's share, if  any,  of  project
 43    costs.  It  is  legislative  intent that, to the extent as may be necessary to
 44    assure the proper operation and maintenance of areas and  facilities  acquired
 45    or  developed  pursuant  to  any  program  participated in by this state under
 46    authority of sections 67-4218, et seq., Idaho Code, such areas and  facilities
 47    shall  be  publicly maintained for outdoor recreational purposes. The park and
 48    recreation board may enter into and  administer  agreements  with  the  United
 49    States  or any appropriate agency thereof for planning, acquisition and devel-
 50    opment projects involving participating federal-aid funds or  state  funds  on
 51    behalf  of  any  subdivision or subdivisions of this state. Provided, that the
 52    subdivision or subdivisions give necessary assurances to the park  and  recre-
 53    ation board that they have available sufficient funds to meet their shares, if
 54    any,  of the cost of the project and that the acquired or developed areas will
 55    be operated and maintained at the expense of the subdivision  or  subdivisions
                                                                        
                                           4
                                                                        
  1    for public outdoor recreational use.
  2        (l)  Establish, develop, supervise and maintain through cooperative agree-
  3    ment,  lease, purchase or other arrangement the Idaho recreation trail system,
  4    with the advice of the coordinator created in section 67-4233, Idaho Code, and
  5    consistent with the goals of recreation, transportation and public  access  to
  6    outdoor areas.
  7        (m)  Enter  into agreements with cities, counties, recreation districts or
  8    other political subdivisions of the state to cost-effectively  provide  recre-
  9    ational facilities,  opportunities and services to the citizens of the state.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Bunderson           
                                                                        
                                                     Seconded by Andreason           
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENTS TO S.B. NO. 1390, As Amended
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the engrossed bill, delete lines 30 through  33  and  insert:
  3    "aged. The department may fulfill this mission by operating a statewide system
  4    of  parks  and recreation programs or by entering into agreements with cities,
  5    counties, recreation districts or other political subdivisions or agencies  of
  6    the  state,  the federal government, tribal governments, private landowners or
  7    nonprofit organizations, that further expand the public  park  and  recreation
  8    opportunities available to the public. The legislature finds that the state of
  9    Idaho  and  its  subdivisions  should  enjoy the benefits of federal lands and
 10    assistance programs for the"; and in line 39, following "such" insert:  "lands
 11    and".
                                                                        
 12                                AMENDMENT TO SECTION 2
 13        On page 2, delete lines 42 through 44 and insert: "state parks, state mon-
 14    uments  or state recreational areas and to secure agreements or contracts with
 15    the".
                                                                        
 16                                 CORRECTION TO TITLE
 17        On page 1, delete lines 7 through 10 and insert: "THE PURPOSE  OF  LEASING
 18    LANDS, TO AUTHORIZE THE BOARD TO ENTER INTO".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                        SENATE BILL NO. 1390, As Amended, As Amended
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF PARKS AND RECREATION; AMENDING SECTION  67-4219,
  3        IDAHO  CODE,  TO  PROVIDE  ADDITIONAL LEGISLATIVE INTENT; AMENDING SECTION
  4        67-4223, IDAHO CODE, TO AUTHORIZE THE PARKS AND RECREATION BOARD TO EXPEND
  5        MONEYS FOR LEASING OF LANDS AND TO AUTHORIZE THE BOARD TO  COOPERATE  WITH
  6        THE  UNITED STATES AND ITS AGENCIES AND LOCAL GOVERNMENTS OF THE STATE FOR
  7        THE PURPOSE OF LEASING LANDS, TO AUTHORIZE THE BOARD TO ENTER INTO  LEASES
  8        OR  AGREEMENTS WITH LOCAL GOVERNMENTS FOR THE OPERATION AND MAINTENANCE OF
  9        OUTDOOR RECREATIONAL AREAS AND FACILITIES OF THE STATE, TO ALLOW THE BOARD
 10        TO APPLY TO AN APPROPRIATE AGENCY OR OFFICER OF THE UNITED STATES FOR PAR-
 11        TICIPATION BY THE DEPARTMENT OF PARKS AND RECREATION OR A POLITICAL SUBDI-
 12        VISION OF THE STATE FOR FEDERAL AID, AND TO AUTHORIZE THE BOARD  TO  ENTER
 13        INTO  AGREEMENTS  WITH  CITIES,  COUNTIES,  RECREATION  DISTRICTS OR OTHER
 14        POLITICAL SUBDIVISIONS OF THE STATE  TO  COST-EFFECTIVELY  PROVIDE  RECRE-
 15        ATIONAL  FACILITIES,  OPPORTUNITIES  AND  SERVICES  TO THE CITIZENS OF THE
 16        STATE.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Section 67-4219, Idaho Code, be,  and the same is  hereby
 19    amended to read as follows:
                                                                        
 20        67-4219.  INTENT  OF LEGISLATURE. It is the intent of the legislature that
 21    the department of parks and recreation shall formulate and put into  execution
 22    a  long  range, comprehensive plan and program for the acquisition or leasing,
 23    planning, protection, operation, maintenance,  development  and  wise  use  of
 24    areas of scenic beauty, recreational utility, historic, archaeological or sci-
 25    entific interest, to the end that the health, happiness, recreational opportu-
 26    nities  and  wholesome  enjoyment of life of the people may be further encour-
 27    aged. The department may fulfill this mission by operating a statewide  system
 28    of  parks  and recreation programs or by entering into agreements with cities,
 29    counties, recreation districts or other political subdivisions or agencies  of
 30    the  state,  the federal government, tribal governments, private landowners or
 31    nonprofit organizations, that further expand the public  park  and  recreation
 32    opportunities available to the public. The legislature finds that the state of
 33    Idaho  and  its  subdivisions  should  enjoy the benefits of federal lands and
 34    assistance programs for the planning and development  of  the  outdoor  recre-
 35    ational  resources of the state, including the acquisition or leasing of lands
 36    and waters and interests therein in accordance with all other applicable laws,
 37    including applicable provisions of titles 42 and 43, Idaho  Code.  It  is  the
 38    purpose  of this act to provide authority to enable the state of Idaho and its
 39    subdivisions to participate in the benefits of such lands and programs.
                                                                        
 40        SECTION 2.  That Section 67-4223, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        67-4223.  POWERS OF BOARD. The park and recreation board shall:
  2        (a)  Adopt,  amend  or  rescind  rules  as may be necessary for the proper
  3    administration of the provisions of sections 67-4218, et seq., Idaho Code, and
  4    the use and protection of park and recreational areas subject to its jurisdic-
  5    tion. A violation of any rule promulgated by the board pursuant to this provi-
  6    sion which concerns the use and protection of park and recreation areas is  an
  7    infraction.
  8        (b)  Make expenditures for the acquisition, leasing, care, control, super-
  9    vision, improvement, development, extension and maintenance of all lands under
 10    the  control of the department and to make arrangements, agreements, contracts
 11    or  commitments,  which  may  or  may  not involve expenditures or transfer of
 12    funds, with the head of any state institution, department or  agency  for  the
 13    improvement  or  development  of  lands or properties under the control of the
 14    board, or any other department or agency of the state of Idaho.
 15        (c)  Appoint advisory, local and regional park and recreational  councils,
 16    to consider, study and advise in the work of the department for the extension,
 17    development,  use  and  maintenance of any areas which are to be considered as
 18    future park or recreational sites or which are designated as park recreational
 19    areas.
 20        (d)  Appoint a six (6) member recreational vehicle advisory committee, who
 21    shall be compensated as provided in section 59-509(f), Idaho Code, and act  in
 22    an  advisory  capacity to the board on matters relating to the development and
 23    improvement of recreational vehicle related facilities and  services  as  pro-
 24    vided in subsection (e) of this section. Each member of the advisory committee
 25    shall  be  representative of recreational vehicle users with one (1) from each
 26    of the districts described in  section  67-4221,  Idaho  Code.  The  terms  of
 27    appointment  shall  be concurrent with the incumbent park and recreation board
 28    member from the respective districts.
 29        (e)  Administer the funds derived from the  recreational  vehicle  account
 30    established  in section 49-448, Idaho Code, to provide financial assistance in
 31    the form of grants to  public entities for the  acquisition,  lease,  develop-
 32    ment,  improvement,  operations  and  maintenance  of  facilities and services
 33    designed to promote the health, safety and enjoyment of  recreational  vehicle
 34    users.  Up to fifteen percent (15%) of the recreational vehicle account gener-
 35    ated each year may be used by the department to  defray  recreational  vehicle
 36    program  administrative costs. Any moneys unused at the end of the fiscal year
 37    shall be returned to the state treasurer for deposit in the recreational vehi-
 38    cle account.
 39        (f)  Cooperate with the United States and its agencies and  local  govern-
 40    ments of the state for the purpose of acquiring, leasing, supervising, improv-
 41    ing,  developing, extending or maintaining lands which are designated as state
 42    parks, state monuments or state recreational areas and to secure agreements or
 43    contracts with the United States and its agencies or local governments of  the
 44    state  for  the  accomplishment  of the purposes of sections 67-4218, et seq.,
 45    Idaho Code.
 46        (g)  Construct, lease or otherwise establish public park  or  recreational
 47    privileges,  facilities and conveniences and to operate said recreational ser-
 48    vices and to make and collect reasonable charges for their  use  or  to  enter
 49    into  contracts  for  their operation. The board may discount fees in order to
 50    offer use incentives to generate additional revenue for operation of the state
 51    park system. The board may provide for waiver of fees to any resident of Idaho
 52    who is a disabled veteran and whose disability is rated at one hundred percent
 53    (100%) or higher, permanent and total. The net proceeds derived shall be cred-
 54    ited to the park and recreation account established in section 67-4225,  Idaho
 55    Code,  and are hereby specifically appropriated to defray the cost of the pub-
                                                                        
                                           3
                                                                        
  1    lic park or recreational services. The department is  specifically  authorized
  2    to  enter into contracts with the United States and its agencies which require
  3    that the state expend any excess of revenue above expenses for improvements of
  4    the recreational or park area from which the excess was derived.
  5        (h)  Prepare, maintain and keep up-to-date a comprehensive  plan  for  the
  6    provision  of  the  outdoor  recreational  resources of the state; to develop,
  7    operate and maintain or  enter into leases or agreements  with  local  govern-
  8    ments   for  the  operation  and maintenance of outdoor recreational areas and
  9    facilities of the state, and to acquire lands, waters and interests  in  lands
 10    and waters for such areas and facilities.
 11        (i)  Apply  to  any appropriate agency or officer of the United States for
 12    participation in by the department or a political subdivision of the state  or
 13    the  receipt of aid from any federal program respecting outdoor recreation. It
 14    may enter into contracts and agreements with the United States or  any  appro-
 15    priate  agency  thereof, keep financial and other records relating thereto and
 16    furnish to appropriate officials and agencies of the United States reports and
 17    information as may be reasonably necessary to enable officials and agencies to
 18    perform their duties under such programs. In  connection  with  obtaining  the
 19    benefits  of  any  program, the park and recreation board shall coordinate its
 20    activities with and represent the interests of all agencies  and  subdivisions
 21    of  the state having interests in the planning, development and maintenance of
 22    outdoor recreational resources and facilities.
 23        (j)  Obligate the state regarding the responsible management of  any  fed-
 24    eral  funds transferred to it for the purpose of any federal enactment and, in
 25    accordance with the exercise of this responsibility, the state hereby consents
 26    to be sued in any United States district court for the recovery of any federal
 27    funds that the responsible federal official, department or agency  finds  have
 28    been  misused  or disposed of contrary to the agreement with the federal offi-
 29    cial, department or agency or contrary to the provisions of federal  enactment
 30    or applicable federal regulations.
 31        (k)  Cooperate and contract with and receive and expend aid, donations and
 32    matching  funds  from  the government of the United States, receive and expend
 33    funds from the STORE and to receive and expend donations from other sources to
 34    acquire, develop, operate and maintain outdoor recreational areas and  facili-
 35    ties  of  the state and, when authorized or directed by any act of congress or
 36    any rule or regulation of any agency of the government of the  United  States,
 37    to  expend  funds donated or granted to the state of Idaho by the federal gov-
 38    ernment for such purposes.
 39        Provided, however, the park and recreation board shall make no  commitment
 40    or  enter  into  any agreement pursuant to an exercise of authority under sec-
 41    tions 67-4218, et seq., Idaho Code, until it has  determined  that  sufficient
 42    funds  are  available  to it for meeting the state's share, if any, of project
 43    costs. It is legislative intent that, to the extent as  may  be  necessary  to
 44    assure  the  proper operation and maintenance of areas and facilities acquired
 45    or developed pursuant to any program  participated  in  by  this  state  under
 46    authority  of sections 67-4218, et seq., Idaho Code, such areas and facilities
 47    shall be publicly maintained for outdoor recreational purposes. The  park  and
 48    recreation  board  may  enter  into  and administer agreements with the United
 49    States or any appropriate agency thereof for planning, acquisition and  devel-
 50    opment  projects  involving  participating federal-aid funds or state funds on
 51    behalf of any subdivision or subdivisions of this state.  Provided,  that  the
 52    subdivision  or  subdivisions give necessary assurances to the park and recre-
 53    ation board that they have available sufficient funds to meet their shares, if
 54    any, of the cost of the project and that the acquired or developed areas  will
 55    be  operated  and maintained at the expense of the subdivision or subdivisions
                                                                        
                                           4
                                                                        
  1    for public outdoor recreational use.
  2        (l)  Establish, develop, supervise and maintain through cooperative agree-
  3    ment, lease, purchase or other arrangement the Idaho recreation trail  system,
  4    with the advice of the coordinator created in section 67-4233, Idaho Code, and
  5    consistent  with  the goals of recreation, transportation and public access to
  6    outdoor areas.
  7        (m)  Enter into agreements with cities, counties, recreation districts  or
  8    other  political  subdivisions of the state to cost-effectively provide recre-
  9    ational facilities,  opportunities and services to the citizens of the state.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                           RS 11592

In general, this legislation provides legislative intent that 
public entities and institutions should work together in the 
use of real estate for the common public good. Specifically, 
this legislation makes clear that the Idaho Department of Parks 
and Recreation(IDPR) may consider opportunities to partnership 
with municipal governments in the innovative use , joint management, 
or lease of state-owned land under its control.	Frequently, 
municipal governments across Idaho need property for parks and 
recreation and have difficulty obtaining land. At the same 
time, state agencies may have land that could be made available. 
In those cases where IDPR has land and determines the quality 
of life of Idaho citizens and the public utilization of park land 
is benefitted, this legislation makes clear IDPR may enter into 
those agreements.

                        FISCAL IMPACT

This legislation is permissive and depends on future events that 
cannot be predicted. Thus the fiscal impact, if any, cannot be 
determined.

Contact
Name:  Ken Harward, Idaho Association of Cities
Phone:	344-8594
Name:  Senator Hal Bunderson
Phone:	332-1000
Name:  Representative Mike Moyle
Phone:	332-1000

STATEMENT OF PURPOSE/FISCAL NOTE		S 1390