2005 Legislation
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HOUSE BILL NO. 70 – Parks&Rec, advisory comms, members


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Bill Status

H0070.........................................by RESOURCES AND CONSERVATION
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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 70
  1                                        AN ACT
 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,
  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
  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:
  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 / Fiscal Impact

                       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.

Name:  Dean Sangrey, Parks and Recreation, Department of 
Phone: 344-4187

STATEMENT OF PURPOSE/FISCAL NOTE                      H 70