2005 Legislation
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HOUSE BILL NO. 229 – RV camping, senior citizens

HOUSE BILL NO. 229

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Bill Status



H0229......................................................by STATE AFFAIRS
RV CAMPING - SENIOR CITIZENS - Amends existing law relating to powers of
the Park and Recreation Board to authorize the Board to provide for a
reduction of no more than fifty percent of the fee charged for recreational
vehicle camping, effective Monday night through Thursday night, for any
senior citizen who possesses a valid federal "Golden Age Passport" or who
possesses a special park pass issued by any state which similarly
recognizes senior citizens.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Res/Con
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 69-0-1
      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, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Schaefer
    Floor Sponsor - Smith(30)
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Res/Env
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 28-2-4, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Burkett, Burtenshaw, Cameron,
      Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Jorgenson, Kelly, Langhorst, Little, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Williams
      NAYS -- Keough, Lodge
      Absent and excused -- Bunderson, Coiner, Malepeai, Werk, (District 21
      seat vacant)
    Floor Sponsor - Langhorst
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/29    Governor signed
         Session Law Chapter 201
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 229
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS OF THE PARK AND RECREATION BOARD; AMENDING SECTION 67-4223,
  3        IDAHO CODE, TO AUTHORIZE THE BOARD TO PROVIDE FOR A REDUCTION OF  NO  MORE
  4        THAN  FIFTY  PERCENT  OF THE FEE CHARGED FOR RECREATIONAL VEHICLE CAMPING,
  5        EFFECTIVE MONDAY NIGHT THROUGH THURSDAY NIGHT, FOR ANY SENIOR CITIZEN  WHO
  6        POSSESSES A VALID FEDERAL "GOLDEN AGE PASSPORT" OR WHO POSSESSES A SPECIAL
  7        PARK  PASS  ISSUED BY ANY STATE WHICH SIMILARLY RECOGNIZES SENIOR CITIZENS
  8        AND TO MAKE TECHNICAL CHANGES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 67-4223, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        67-4223.  POWERS OF BOARD. The park and recreation board shall:
 13        (a)  Adopt,  amend  or  rescind  rules  as may be necessary for the proper
 14    administration of the provisions of sections 67-4218, et seq., Idaho Code, and
 15    the use and protection of park and recreational areas subject to its jurisdic-
 16    tion. A violation of any rule promulgated by the board pursuant to this provi-
 17    sion which concerns the use and protection of park and recreation areas is  an
 18    infraction.
 19        (b)  Make expenditures for the acquisition, leasing, care, control, super-
 20    vision, improvement, development, extension and maintenance of all lands under
 21    the  control of the department and to make arrangements, agreements, contracts
 22    or commitments, which may or may  not  involve  expenditures  or  transfer  of
 23    funds,  with  the  head of any state institution, department or agency for the
 24    improvement or development of lands or properties under  the  control  of  the
 25    board, or any other department or agency of the state of Idaho.
 26        (c)  Appoint  advisory, local and regional park and recreational councils,
 27    to consider, study and advise in the work of the department for the extension,
 28    development, use and maintenance of any areas which are to  be  considered  as
 29    future park or recreational sites or which are designated as park recreational
 30    areas.
 31        (d)  Appoint a six (6) member recreational vehicle advisory committee, who
 32    shall  be compensated as provided in section 59-509(f), Idaho Code, and act in
 33    an advisory capacity to the board on matters relating to the  development  and
 34    improvement  of  recreational  vehicle related facilities and services as pro-
 35    vided in subsection (e) of this section. Each member of the advisory committee
 36    shall be representative of recreational vehicle users with one (1)  from  each
 37    of  the  districts  described  in  section  67-4221,  Idaho Code. The terms of
 38    appointment shall be concurrent with the incumbent park and  recreation  board
 39    member from the respective districts.
 40        (e)  Administer  the  funds  derived from the recreational vehicle account
 41    established in section 49-448, Idaho Code, to provide financial assistance  in
 42    the  form  of  grants to  public entities for the acquisition, lease, develop-
 43    ment, improvement, operations  and  maintenance  of  facilities  and  services
                                                                        
                                           2
                                                                        
  1    designed  to  promote the health, safety and enjoyment of recreational vehicle
  2    users. Up to fifteen percent (15%) of the recreational vehicle account  gener-
  3    ated  each  year  may be used by the department to defray recreational vehicle
  4    program administrative costs. Any moneys unused at the end of the fiscal  year
  5    shall be returned to the state treasurer for deposit in the recreational vehi-
  6    cle account.
  7        (f)  Cooperate  with  the United States and its agencies and local govern-
  8    ments  of the state  for  the  purpose  of  acquiring,  leasing,  supervising,
  9    improving,  developing, extending or maintaining lands which are designated as
 10    state parks, state monuments or state recreational areas and to secure  agree-
 11    ments  or  contracts  with the United States and its agencies or local govern-
 12    ments of the state for the accomplishment of the purposes of sections 67-4218,
 13    et seq., Idaho Code.
 14        (g)  Construct, lease or otherwise establish public park  or  recreational
 15    privileges,  facilities and conveniences and to operate said recreational ser-
 16    vices and to make and collect reasonable charges for their  use  or  to  enter
 17    into  contracts  for  their operation. The board may discount fees in order to
 18    offer use incentives to generate additional revenue for operation of the state
 19    park system. The board may provide for waiver of fees to any resident of Idaho
 20    who is a disabled veteran and whose disability is rated at one hundred percent
 21    (100%) or higher, permanent and total. The net proceeds derived shall be cred-
 22    ited to the park and recreation account established in section 67-4225,  Idaho
 23    Code,  and are hereby specifically appropriated to defray the cost of the pub-
 24    lic park or recreational services. The department is  specifically  authorized
 25    to  enter into contracts with the United States and its agencies which require
 26    that the state expend any excess of revenue above expenses for improvements of
 27    the recreational or park area from which the excess was derived.
 28        (1)  The board may provide for waiver of fees to any resident of Idaho who
 29        is a disabled veteran and whose disability is rated at one hundred percent
 30        (100%) or higher, permanent and total.
 31        (2)  The board may provide for a reduction of no more than  fifty  percent
 32        (50%)  of the fee charged for recreational vehicle camping, effective Mon-
 33        day night through Thursday night, for any senior citizen who  possesses  a
 34        valid  federal  "golden  age  passport"  or other equivalent successor, as
 35        issued by a federally-operated facility where an entrance fee is charged.
 36        (3)  If any state recognizes senior citizens by offering  a  special  park
 37        pass  for  use  in that state, the board may provide for a reduction of no
 38        more than fifty percent (50%) of the fee charged for recreational  vehicle
 39        camping, effective Monday night through Thursday night, for any person who
 40        possesses such a state park pass.
 41        (h)  Prepare,  maintain  and  keep up-to-date a comprehensive plan for the
 42    provision of the outdoor recreational resources  of  the  state;  to  develop,
 43    operate  and  maintain  or  enter into leases or agreements with local govern-
 44    ments  for the operation and maintenance of  outdoor  recreational  areas  and
 45    facilities  of  the state, and to acquire lands, waters and interests in lands
 46    and waters for such areas and facilities.
 47        (i)  Apply to any appropriate agency or officer of the United  States  for
 48    participation by the department or a political subdivision of the state or the
 49    receipt  of aid from any federal program respecting outdoor recreation. It may
 50    enter into contracts and agreements with the United States or any  appropriate
 51    agency  thereof, keep financial and other records relating thereto and furnish
 52    to appropriate officials and agencies of the United States reports and  infor-
 53    mation as may be reasonably necessary to enable officials and agencies to per-
 54    form  their duties under such programs. In connection with obtaining the bene-
 55    fits of any program, the park and recreation board shall coordinate its activ-
                                                                        
                                           3
                                                                        
  1    ities with and represent the interests of all agencies and subdivisions of the
  2    state having interests in the planning, development and maintenance of outdoor
  3    recreational resources and facilities.
  4        (j)  Obligate the state regarding the responsible management of  any  fed-
  5    eral  funds transferred to it for the purpose of any federal enactment and, in
  6    accordance with the exercise of this responsibility, the state hereby consents
  7    to be sued in any United States district court for the recovery of any federal
  8    funds  that  the responsible federal official, department or agency finds have
  9    been misused or disposed of contrary to the agreement with the  federal  offi-
 10    cial,  department or agency or contrary to the provisions of federal enactment
 11    or applicable federal regulations.
 12        (k)  Cooperate and contract with and receive and expend aid, donations and
 13    matching funds from the government of the United States,  receive  and  expend
 14    funds from the STORE and to receive and expend donations from other sources to
 15    acquire,  develop, operate and maintain outdoor recreational areas and facili-
 16    ties of the state and, when authorized or directed by any act of  congress  or
 17    any  rule  or regulation of any agency of the government of the United States,
 18    to expend funds donated or granted to the state of Idaho by the  federal  gov-
 19    ernment for such purposes.
 20        Provided,  however, the park and recreation board shall make no commitment
 21    or enter into any agreement pursuant to an exercise of  authority  under  sec-
 22    tions  67-4218,  et  seq., Idaho Code, until it has determined that sufficient
 23    funds are available to it for meeting the state's share, if  any,  of  project
 24    costs.  It  is  legislative  intent that, to the extent as may be necessary to
 25    assure the proper operation and maintenance of areas and  facilities  acquired
 26    or  developed  pursuant  to  any  program  participated in by this state under
 27    authority of sections 67-4218, et seq., Idaho Code, such areas and  facilities
 28    shall  be  publicly maintained for outdoor recreational purposes. The park and
 29    recreation board may enter into and  administer  agreements  with  the  United
 30    States  or any appropriate agency thereof for planning, acquisition and devel-
 31    opment projects involving participating federal-aid funds or  state  funds  on
 32    behalf  of  any  subdivision or subdivisions of this state. Provided, that the
 33    subdivision or subdivisions give necessary assurances to the park  and  recre-
 34    ation board that they have available sufficient funds to meet their shares, if
 35    any,  of the cost of the project and that the acquired or developed areas will
 36    be operated and maintained at the expense of the subdivision  or  subdivisions
 37    for public outdoor recreational use.
 38        (l)  Establish, develop, supervise and maintain through cooperative agree-
 39    ment,  lease, purchase or other arrangement the Idaho recreation trail system,
 40    with the advice of the coordinator created in section 67-4233, Idaho Code, and
 41    consistent with the goals of recreation, transportation and public  access  to
 42    outdoor areas.
 43        (m)  Enter  into agreements with cities, counties, recreation districts or
 44    other political subdivisions of the state to cost-effectively  provide  recre-
 45    ational facilities,  opportunities and services to the citizens of the state.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 14983

     This legislation authorizes the Parks and Recreation Board
to provide for a reduction of no more than fifty percent of the
fee charged for recreational vehicle camping, effective Monday
night through Thursday night, for any senior citizen who
possesses a valid federal "Golden Age Passport," or who possesses
a special park pass issued by any state which similarly
recognizes senior citizens and to make technical changes.


                           FISCAL NOTE

No fiscal impact to the general fund. At this time, it is
uncertain what the potential fiscal impact would be to the
dedicated fund accounts of the Idaho Department of Parks and
Recreation.  Variables include time of the year the adjustments
were applied, which days, which state parks, and the percentage
of reduction given.  The  Idaho Department of Parks and
Recreation is analyzing information, which will be shared at the
public hearing.  
 


Contact
Name:  Rep. Elaine Smith (30) 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                   H 229