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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 of14 the department ofpark sand 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 board13 member from the respective districtsthree (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 fourthree ( 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 advisorycommittee 29 for reasonable expenses incurred in the conduct of their official duties pre-30 scribedmembers 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