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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 properties16owned 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.
|||| 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.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 ownedandor 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
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