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S1013........................................................by TRANSPORTATION
DISABLED VETERANS - Amends existing law to provide that the State Board of
Parks and Recreation shall waive fees for certain resident disabled veterans.
01/17 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1013
BY TRANSPORTATION 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 PROVIDE THAT THE BOARD SHALL WAIVE FEES FOR
4 CERTAIN RESIDENT 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, leasing, care, control, super-
16 vision, improvement, development, extension and maintenance of all lands under
17 the control of the department and to make arrangements, agreements, contracts
18 or commitments, which may or may not involve expenditures or transfer of
19 funds, with the head of any state institution, department or agency for the
20 improvement or development of lands or properties under the control of the
21 board, or 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, leasing, supervising, improv-
5 ing, 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 shall provide for waiver of fees to any resident of
16 Idaho who is a disabled veteran and whose disability is rated at one hundred
17 percent (100%) or higher, permanent and total. The net proceeds derived shall
18 be credited to the park and recreation account established in section 67-4225,
19 Idaho Code, and are hereby specifically appropriated to defray the cost of the
20 public park or recreational services. The department is specifically autho-
21 rized to enter into contracts with the United States and its agencies which
22 require that the state expend any excess of revenue above expenses for
23 improvements of the recreational or park area from which the excess was
24 derived.
25 (h) Prepare, maintain and keep up-to-date a comprehensive plan for the
26 provision of the outdoor recreational resources of the state; to develop,
27 operate and maintain or enter into leases or agreements with local govern-
28 ments for the operation and maintenance of outdoor recreational areas and
29 facilities of the state, and to acquire lands, waters and interests in lands
30 and waters for such areas and facilities.
31 (i) Apply to any appropriate agency or officer of the United States for
32 participation by the department or a political subdivision of the state or the
33 receipt of aid from any federal program respecting outdoor recreation. It may
34 enter into contracts and agreements with the United States or any appropriate
35 agency thereof, keep financial and other records relating thereto and furnish
36 to appropriate officials and agencies of the United States reports and infor-
37 mation as may be reasonably necessary to enable officials and agencies to per-
38 form their duties under such programs. In connection with obtaining the bene-
39 fits of any program, the park and recreation board shall coordinate its activ-
40 ities with and represent the interests of all agencies and subdivisions of the
41 state having interests in the planning, development and maintenance of outdoor
42 recreational resources and facilities.
43 (j) Obligate the state regarding the responsible management of any fed-
44 eral funds transferred to it for the purpose of any federal enactment and, in
45 accordance with the exercise of this responsibility, the state hereby consents
46 to be sued in any United States district court for the recovery of any federal
47 funds that the responsible federal official, department or agency finds have
48 been misused or disposed of contrary to the agreement with the federal offi-
49 cial, department or agency or contrary to the provisions of federal enactment
50 or applicable federal regulations.
51 (k) Cooperate and contract with and receive and expend aid, donations and
52 matching funds from the government of the United States, receive and expend
53 funds from the STORE and to receive and expend donations from other sources to
54 acquire, develop, operate and maintain outdoor recreational areas and facili-
55 ties of the state and, when authorized or directed by any act of congress or
3
1 any rule or regulation of any agency of the government of the United States,
2 to expend funds donated or granted to the state of Idaho by the federal gov-
3 ernment for such purposes.
4 Provided, however, the park and recreation board shall make no commitment
5 or enter into any agreement pursuant to an exercise of authority under sec-
6 tions 67-4218, et seq., Idaho Code, until it has determined that sufficient
7 funds are available to it for meeting the state's share, if any, of project
8 costs. It is legislative intent that, to the extent as may be necessary to
9 assure the proper operation and maintenance of areas and facilities acquired
10 or developed pursuant to any program participated in by this state under
11 authority of sections 67-4218, et seq., Idaho Code, such areas and facilities
12 shall be publicly maintained for outdoor recreational purposes. The park and
13 recreation board may enter into and administer agreements with the United
14 States or any appropriate agency thereof for planning, acquisition and devel-
15 opment projects involving participating federal-aid funds or state funds on
16 behalf of any subdivision or subdivisions of this state. Provided, that the
17 subdivision or subdivisions give necessary assurances to the park and recre-
18 ation board that they have available sufficient funds to meet their shares, if
19 any, of the cost of the project and that the acquired or developed areas will
20 be operated and maintained at the expense of the subdivision or subdivisions
21 for public outdoor recreational use.
22 (l) Establish, develop, supervise and maintain through cooperative agree-
23 ment, lease, purchase or other arrangement the Idaho recreation trail system,
24 with the advice of the coordinator created in section 67-4233, Idaho Code, and
25 consistent with the goals of recreation, transportation and public access to
26 outdoor areas.
27 (m) Enter into agreements with cities, counties, recreation districts or
28 other political subdivisions of the state to cost-effectively provide recre-
29 ational facilities, opportunities and services to the citizens of the state.
STATEMENT OF PURPOSE
RS 12543
The purpose of this legislation is to provide the Park and
Recreation Board the authority to waive fees for 100% Disabled
Veterans of Idaho by amending Title 67-4223, Section 1, paragraph
(g).
FISCAL IMPACT
This legislation has minimal impact on the Department. The
current estimate of 100% Idaho Disabled Veterans is between 800
to 900. The latest information reflects approximately one
percent of the veterans are somewhat regular in using park
facilities. The admission fees, sewer, electricity for RV use is
around $20.00 per visit. Regular admission is around $3.00. The
estimated impact on fees should be less than $2,000.
Contact
Name:
Phone: Senator Cecil Ingram, 332-1315
Charles Chapin, 1-541-889-4049
STATEMENT OF PURPOSE/FISCAL NOTE S101