2003 Legislation
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HOUSE BILL NO. 66 – Park/Rec Dept, enforcemnt authority

HOUSE BILL NO. 66

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0066aa.........................................................by MR. SPEAKER
               Requested by: Department of Parks and Recreation
PARKS AND RECREATION DEPARTMENT - Amends existing law to provide that an
action needs to have occurred on properties owned or managed by the Department
of Parks and Recreation before a citation may be issued by a department
employee.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Jud
01/20    Rpt out - Ref'd to Res/Con
02/20    Rpt out - to Gen Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
03/03    3rd rdg as amen - PASSED - 62-6-2
      AYES -- Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Cannon, Clark, Collins, Crow, Deal, Denney, Douglas,
      Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
      Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst,
      Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Tilman, Trail, Wood, Mr. Speaker
      NAYS -- Andersen, Barrett, Campbell, Kellogg, Naccarato, Wills
      Absent and excused -- Cuddy, Gagner
    Floor Sponsor - Roberts
    Title apvd - to Senate
03/04    Senate intro - 1st rdg - to Res/Env
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 31-1-3
      AYES -- Andreason(Rouse), Bailey, Brandt, Bunderson, Burkett,
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, McKenzie,
      McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- Keough
      Absent and excused -- Davis, Marley, Noble
    Floor Sponsor - Cameron
    Title apvd - to House
03/17    To enrol
03/19    Rpt enrol - Sp signed
03/20    Pres signed
03/21    To Governor
03/27    Governor signed
         Session Law Chapter 128
         Effective: 07/01/03

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 66
                                                                        
                                       BY MR. SPEAKER
                      Requested by: Department of Parks and Recreation
                                                                        
  1                                        AN ACT
  2    RELATING TO ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF PARKS  AND  RECREATION;
  3        AMENDING  SECTION  67-4239,  IDAHO CODE, TO DELETE THE REQUIREMENT THAT AN
  4        ACTION NEEDS TO HAVE OCCURRED ON  PROPERTIES  OWNED  AND  MANAGED  BY  THE
  5        DEPARTMENT  OF  PARKS  AND RECREATION BEFORE A CITATION MAY BE ISSUED BY A
  6        DEPARTMENT EMPLOYEE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 67-4239, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        67-4239.  ENFORCEMENT  AUTHORITY.  (1)  The  director of the department of
 11    parks and recreation may issue Idaho uniform citations, as provided for by the
 12    rules of the court for the magistrates division of the district court and  the
 13    district  court, to violators of title 67, chapters 42 (state parks), 70 (safe
 14    boating act), 71 (recreational activities)  and  75  (marine  sewage  disposal
 15    act),  Idaho  Code,  and rules adopted under those chapters, within properties
 16    owned and managed by the department. The director may delegate this  authority
 17    to qualified employees of the department.
 18        (2)  The  department of parks and recreation shall develop, with the guid-
 19    ance and approval of the peace officers standards  and  training  academy,  an
 20    appropriate  training  course for employees applicable to issuing citations as
 21    authorized and delegated in this section. The director  shall  ensure,  before
 22    delegating  authority under this section, that employees successfully complete
 23    the training course.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Roberts             
                                                                        
                                                     Seconded by Wood                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 66
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 15 and 16 and  insert:  "act),
  3    Idaho  Code,  and  rules adopted under those chapters, within properties owned
  4    and or managed by the department. The director may delegate this authority".
                                                                        
  5                                 CORRECTION TO TITLE
  6        On page 1, deletes  lines  3  through  6  and  insert:  "AMENDING  SECTION
  7    67-4239, IDAHO CODE, TO PROVIDE THAT AN ACTION NEEDS TO HAVE OCCURRED ON PROP-
  8    ERTIES  OWNED  OR  MANAGED  BY THE DEPARTMENT OF PARKS AND RECREATION BEFORE A
  9    CITATION MAY BE ISSUED BY A DEPARTMENT EMPLOYEE.".

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


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 66, As Amended
                                                                        
                                       BY MR. SPEAKER
                      Requested by: Department of Parks and Recreation
                                                                        
  1                                        AN ACT
  2    RELATING TO ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF PARKS  AND  RECREATION;
  3        AMENDING  SECTION  67-4239, IDAHO CODE, TO PROVIDE THAT AN ACTION NEEDS TO
  4        HAVE OCCURRED ON PROPERTIES OWNED OR MANAGED BY THE  DEPARTMENT  OF  PARKS
  5        AND RECREATION BEFORE A CITATION MAY BE ISSUED BY A DEPARTMENT EMPLOYEE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 67-4239, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        67-4239.  ENFORCEMENT AUTHORITY. (1) The director  of  the  department  of
 10    parks and recreation may issue Idaho uniform citations, as provided for by the
 11    rules  of the court for the magistrates division of the district court and the
 12    district court, to violators of title 67, chapters 42 (state parks), 70  (safe
 13    boating  act),  71  (recreational  activities)  and 75 (marine sewage disposal
 14    act), Idaho Code, and rules adopted under those  chapters,  within  properties
 15    owned and or managed by the department. The director may delegate this author-
 16    ity to qualified employees of the department.
 17        (2)  The  department of parks and recreation shall develop, with the guid-
 18    ance and approval of the peace officers standards  and  training  academy,  an
 19    appropriate  training  course for employees applicable to issuing citations as
 20    authorized and delegated in this section. The director  shall  ensure,  before
 21    delegating  authority under this section, that employees successfully complete
 22    the training course.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12342

This legislation amends Sec. 67-4239 to strike language in the
statute that limits the enforcement authority of the director and
department employees.  As presently structured, the statute
provides that this authority applies only within the boundaries of
those lands owned and managed by the department.  This statutory
limitation has a major impact on the department's ability to
affectively manage parks and programs for which it has
responsibility because a majority of our statewide operations
actually take place on lands that are owned by other public
entities such as the US Forest Service, Bureau of Land Management,
Idaho Department of Lands, US Army Corps of Engineers and Bureau of
Reclamation.  This proposal corrects an oversight in the existing
statute but does not expand enforcement authority beyond those
rules under the statutory authority of the IDPR Board. 

                         FISCAL IMPACT

The potential fiscal impact will affect the Department's management
goals due to its potential inability to enforce rules adopted by
the Board.

CONTACT
Name:        Rick Collignon
Agency:      Parks and Recreation, Dept. of
Phone:       208-334-4199

Statement of Purpose/Fiscal Impact                     H 6