2003 Legislation
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SENATE BILL NO. 1013 – Disabled veterans, no parks/rec fee


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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
  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 / Fiscal Impact

                       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
                          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.
Phone:    Senator Cecil Ingram, 332-1315
          Charles Chapin, 1-541-889-4049

STATEMENT OF PURPOSE/FISCAL NOTE                            S101