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H0070.........................................by RESOURCES AND CONSERVATION
PARKS AND RECREATION DEPARTMENT - ADVISORY COMMITTEES - Amends existing law
relating to advisory committees of the Department of Parks and Recreation
to provide clarity and consistency in the manner of appointment, length of
term and rate of compensation for members of advisory committees.
01/28 House intro - 1st rdg - to printing
01/31 Rpt prt - to Res/Con
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie(Telleria), Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Mitchell
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Res/Env
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Williams
Title apvd - to House
03/24 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
03/30 Governor VETOED
03/31 Held at Desk
04/06 Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 70
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO ADVISORY COMMITTEES OF THE DEPARTMENT OF PARKS AND RECREATION;
3 AMENDING SECTION 57-1503, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF WATER-
4 WAYS IMPROVEMENT FUND ADVISORY COMMITTEE MEMBERS BY THE PARK AND RECRE-
5 ATION BOARD; AMENDING SECTION 67-4223, IDAHO CODE, TO ESTABLISH LENGTH OF
6 TERM FOR MEMBERS OF THE RECREATIONAL VEHICLE ADVISORY COMMITTEE; AND
7 AMENDING SECTION 67-7128, IDAHO CODE, TO ESTABLISH LENGTH OF TERM AND THE
8 RATE OF COMPENSATION FOR MEMBERS OF THE OFF-ROAD MOTOR VEHICLE ADVISORY
9 COMMITTEE AND TO MAKE A TECHNICAL CORRECTION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 57-1503, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 57-1503. WATERWAYS IMPROVEMENT FUND ADVISORY COMMITTEE. The director of
14 the department of parks and recreation board shall appoint a six (6) member
15 advisory committee which shall be compensated as provided in section
16 59-509(f), Idaho Code. The committee shall act in an advisory capacity to the
17 department on matters relating to evaluation of applications for grants to be
18 awarded from the state waterways improvement fund. Criteria for determining
19 awards shall be as prescribed by the department. One (1) member shall be
20 chosen from each of the districts described in section 67-4221, Idaho Code.
21 Each member shall be an active recreational boater and be a resident of the
22 region. The terms of the appointment shall be three (3) years, except that the
23 initial appointees shall commence on the date of appointment and shall be of
24 staggered lengths so that the term of two (2) members will expire annually.
25 SECTION 2. That Section 67-4223, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-4223. POWERS OF BOARD. The park and recreation board shall:
28 (a) Adopt, amend or rescind rules as may be necessary for the proper
29 administration of the provisions of sections 67-4218, et seq., Idaho Code, and
30 the use and protection of park and recreational areas subject to its jurisdic-
31 tion. A violation of any rule promulgated by the board pursuant to this provi-
32 sion which concerns the use and protection of park and recreation areas is an
33 infraction.
34 (b) Make expenditures for the acquisition, leasing, care, control, super-
35 vision, improvement, development, extension and maintenance of all lands under
36 the control of the department and to make arrangements, agreements, contracts
37 or commitments, which may or may not involve expenditures or transfer of
38 funds, with the head of any state institution, department or agency for the
39 improvement or development of lands or properties under the control of the
40 board, or any other department or agency of the state of Idaho.
41 (c) Appoint advisory, local and regional park and recreational councils,
2
1 to consider, study and advise in the work of the department for the extension,
2 development, use and maintenance of any areas which are to be considered as
3 future park or recreational sites or which are designated as park recreational
4 areas.
5 (d) Appoint a six (6) member recreational vehicle advisory committee, who
6 shall be compensated as provided in section 59-509(f), Idaho Code, and act in
7 an advisory capacity to the board on matters relating to the development and
8 improvement of recreational vehicle related facilities and services as pro-
9 vided in subsection (e) of this section. Each member of the advisory committee
10 shall be representative of recreational vehicle users with one (1) from each
11 of the districts described in section 67-4221, Idaho Code. The terms of
12 appointment shall be concurrent with the incumbent park and recreation board
13 member from the respective districts three (3) years, except that the initial
14 appointees shall commence on the date of appointment and shall be staggered
15 lengths so that the terms of two (2) members shall expire annually.
16 (e) Administer the funds derived from the recreational vehicle account
17 established in section 49-448, Idaho Code, to provide financial assistance in
18 the form of grants to public entities for the acquisition, lease, develop-
19 ment, improvement, operations and maintenance of facilities and services
20 designed to promote the health, safety and enjoyment of recreational vehicle
21 users. Up to fifteen percent (15%) of the recreational vehicle account gener-
22 ated each year may be used by the department to defray recreational vehicle
23 program administrative costs. Any moneys unused at the end of the fiscal year
24 shall be returned to the state treasurer for deposit in the recreational vehi-
25 cle account.
26 (f) Cooperate with the United States and its agencies and local govern-
27 ments of the state for the purpose of acquiring, leasing, supervising, improv-
28 ing, developing, extending or maintaining lands which are designated as state
29 parks, state monuments or state recreational areas and to secure agreements or
30 contracts with the United States and its agencies or local governments of the
31 state for the accomplishment of the purposes of sections 67-4218, et seq.,
32 Idaho Code.
33 (g) Construct, lease or otherwise establish public park or recreational
34 privileges, facilities and conveniences and to operate said recreational ser-
35 vices and to make and collect reasonable charges for their use or to enter
36 into contracts for their operation. The board may discount fees in order to
37 offer use incentives to generate additional revenue for operation of the state
38 park system. The board may provide for waiver of fees to any resident of Idaho
39 who is a disabled veteran and whose disability is rated at one hundred percent
40 (100%) or higher, permanent and total. The net proceeds derived shall be cred-
41 ited to the park and recreation account established in section 67-4225, Idaho
42 Code, and are hereby specifically appropriated to defray the cost of the pub-
43 lic park or recreational services. The department is specifically authorized
44 to enter into contracts with the United States and its agencies which require
45 that the state expend any excess of revenue above expenses for improvements of
46 the recreational or park area from which the excess was derived.
47 (h) Prepare, maintain and keep up-to-date a comprehensive plan for the
48 provision of the outdoor recreational resources of the state; to develop,
49 operate and maintain or enter into leases or agreements with local govern-
50 ments for the operation and maintenance of outdoor recreational areas and
51 facilities of the state, and to acquire lands, waters and interests in lands
52 and waters for such areas and facilities.
53 (i) Apply to any appropriate agency or officer of the United States for
54 participation by the department or a political subdivision of the state or the
55 receipt of aid from any federal program respecting outdoor recreation. It may
3
1 enter into contracts and agreements with the United States or any appropriate
2 agency thereof, keep financial and other records relating thereto and furnish
3 to appropriate officials and agencies of the United States reports and infor-
4 mation as may be reasonably necessary to enable officials and agencies to per-
5 form their duties under such programs. In connection with obtaining the bene-
6 fits of any program, the park and recreation board shall coordinate its activ-
7 ities with and represent the interests of all agencies and subdivisions of the
8 state having interests in the planning, development and maintenance of outdoor
9 recreational resources and facilities.
10 (j) Obligate the state regarding the responsible management of any fed-
11 eral funds transferred to it for the purpose of any federal enactment and, in
12 accordance with the exercise of this responsibility, the state hereby consents
13 to be sued in any United States district court for the recovery of any federal
14 funds that the responsible federal official, department or agency finds have
15 been misused or disposed of contrary to the agreement with the federal offi-
16 cial, department or agency or contrary to the provisions of federal enactment
17 or applicable federal regulations.
18 (k) Cooperate and contract with and receive and expend aid, donations and
19 matching funds from the government of the United States, receive and expend
20 funds from the STORE and to receive and expend donations from other sources to
21 acquire, develop, operate and maintain outdoor recreational areas and facili-
22 ties of the state and, when authorized or directed by any act of congress or
23 any rule or regulation of any agency of the government of the United States,
24 to expend funds donated or granted to the state of Idaho by the federal gov-
25 ernment for such purposes.
26 Provided, however, the park and recreation board shall make no commitment
27 or enter into any agreement pursuant to an exercise of authority under sec-
28 tions 67-4218, et seq., Idaho Code, until it has determined that sufficient
29 funds are available to it for meeting the state's share, if any, of project
30 costs. It is legislative intent that, to the extent as may be necessary to
31 assure the proper operation and maintenance of areas and facilities acquired
32 or developed pursuant to any program participated in by this state under
33 authority of sections 67-4218, et seq., Idaho Code, such areas and facilities
34 shall be publicly maintained for outdoor recreational purposes. The park and
35 recreation board may enter into and administer agreements with the United
36 States or any appropriate agency thereof for planning, acquisition and devel-
37 opment projects involving participating federal-aid funds or state funds on
38 behalf of any subdivision or subdivisions of this state. Provided, that the
39 subdivision or subdivisions give necessary assurances to the park and recre-
40 ation board that they have available sufficient funds to meet their shares, if
41 any, of the cost of the project and that the acquired or developed areas will
42 be operated and maintained at the expense of the subdivision or subdivisions
43 for public outdoor recreational use.
44 (l) Establish, develop, supervise and maintain through cooperative agree-
45 ment, lease, purchase or other arrangement the Idaho recreation trail system,
46 with the advice of the coordinator created in section 67-4233, Idaho Code, and
47 consistent with the goals of recreation, transportation and public access to
48 outdoor areas.
49 (m) Enter into agreements with cities, counties, recreation districts or
50 other political subdivisions of the state to cost-effectively provide recre-
51 ational facilities, opportunities and services to the citizens of the state.
52 SECTION 3. That Section 67-7128, Idaho Code, be, and the same is hereby
53 amended to read as follows:
4
1 67-7128. OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION -- SELEC-
2 TION -- TERM OF OFFICE -- DUTY. (1) The park and recreation board shall
3 appoint an off-road motor vehicle advisory committee (ORMV) of nine (9) mem-
4 bers. The membership of the advisory committee shall consist of three (3)
5 members each from northern Idaho, southwestern Idaho, and southeastern Idaho.
6 Two (2) members from each area shall represent the following groups:
7 motorbikes or ATV riders and snowmobilers. One (1) member interested in ORMV
8 projects shall be appointed from each area without regard to the recreational
9 activity in which that member participates and shall represent interests other
10 than motorbike or ATV riders and snowmobilers. Each member of the advisory
11 committee shall be chosen by the park and recreation board to serve a term of
12 four three (43) years, except that the term of the initial appointees shall
13 commence on the date of appointment and shall be of staggered lengths. Each
14 member of the advisory committee shall be a qualified elector of the state.
15 Duties shall include:
16 (a) Representing the best interests of the ORMV users and activities
17 which they represent in the district from which they are appointed;
18 (b) Advising the department as to whether proposed ORMV projects meet the
19 needs of ORMV users in that area;
20 (c) Advising the department as to how funds can be used to rehabilitate
21 areas on public or private lands and how the department can assist in the
22 enforcement of laws and regulations governing the use of off-road vehicles
23 in the state of Idaho;
24 (d) The three (3) motorbike or all-terrain vehicle representatives from
25 the ORMV advisory committee shall advise the department on matters relat-
26 ing to the use of moneys in the motorbike recreation account as provided
27 for in section 67-7127, Idaho Code.
28 (2) The department may reimburse members of the ORMV advisory committee
29 for reasonable expenses incurred in the conduct of their official duties pre-
30 scribed members shall be compensated as provided in section 59-509(bf), Idaho
31 Code, and authorized by the department.
STATEMENT OF PURPOSE
RS 14444C1
Various inconsistencies exist in statutory guidelines established
for the Grant Advisory Committees assisting the Idaho Park and
Recreation Board with these problems. It is important to
standardize the enabling pieces of legislation. Areas affected by
discrepancies include committee member compensation, varying term
lengths for appointed committee members, and inconsistency in
appointment authority. This amendment enables the department to
correct these problems.
FISCAL IMPACT
These amendments will have no impact on the General Fund. The
annual compensation for all committee members will amount to
approximately $6,200 plus related actual and necessary expenses
and is an obligation covered by the specific recreation program
dedicated fund.
Contact
Name: Dean Sangrey, Parks and Recreation, Department of
Phone: 344-4187
STATEMENT OF PURPOSE/FISCAL NOTE H 70