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H0371.....................................................by WAYS AND MEANS
PARKS AND RECREATION BOARD - Amends existing law relating to powers of the
Parks and Recreation Board to prohibit the board from charging separate
motorized vehicle entry fees when a campsite fee has been paid for the use
of the park during the same time period.
03/22 House intro - 1st rdg - to printing
03/23 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 371
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO POWERS OF THE PARK AND RECREATION BOARD; AMENDING SECTION 67-4223,
3 IDAHO CODE, TO PROHIBIT THE BOARD FROM CHARGING A SEPARATE MOTORIZED VEHI-
4 CLE ENTRY FEE WHEN A CAMPSITE FEE HAS BEEN PAID FOR USE OF THAT PARK DUR-
5 ING THE SAME TIME PERIOD.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-4223, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-4223. POWERS OF BOARD. The park and recreation board shall:
10 (a) Adopt, amend or rescind rules as may be necessary for the proper
11 administration of the provisions of sections 67-4218, et seq., Idaho Code, and
12 the use and protection of park and recreational areas subject to its jurisdic-
13 tion. A violation of any rule promulgated by the board pursuant to this provi-
14 sion which concerns the use and protection of park and recreation areas is an
15 infraction.
16 (b) Make expenditures for the acquisition, leasing, care, control, super-
17 vision, improvement, development, extension and maintenance of all lands under
18 the control of the department and to make arrangements, agreements, contracts
19 or commitments, which may or may not involve expenditures or transfer of
20 funds, with the head of any state institution, department or agency for the
21 improvement or development of lands or properties under the control of the
22 board, or any other department or agency of the state of Idaho.
23 (c) Appoint advisory, local and regional park and recreational councils,
24 to consider, study and advise in the work of the department for the extension,
25 development, use and maintenance of any areas which are to be considered as
26 future park or recreational sites or which are designated as park recreational
27 areas.
28 (d) Appoint a six (6) member recreational vehicle advisory committee, who
29 shall be compensated as provided in section 59-509(f), Idaho Code, and act in
30 an advisory capacity to the board on matters relating to the development and
31 improvement of recreational vehicle related facilities and services as pro-
32 vided in subsection (e) of this section. Each member of the advisory committee
33 shall be representative of recreational vehicle users with one (1) from each
34 of the districts described in section 67-4221, Idaho Code. The terms of
35 appointment shall be concurrent with the incumbent park and recreation board
36 member from the respective districts.
37 (e) Administer the funds derived from the recreational vehicle account
38 established in section 49-448, Idaho Code, to provide financial assistance in
39 the form of grants to public entities for the acquisition, lease, develop-
40 ment, improvement, operations and maintenance of facilities and services
41 designed to promote the health, safety and enjoyment of recreational vehicle
42 users. Up to fifteen percent (15%) of the recreational vehicle account gener-
43 ated each year may be used by the department to defray recreational vehicle
2
1 program administrative costs. Any moneys unused at the end of the fiscal year
2 shall be returned to the state treasurer for deposit in the recreational vehi-
3 cle account.
4 (f) Cooperate with the United States and its agencies and local govern-
5 ments of the state for the purpose of acquiring, leasing, supervising, improv-
6 ing, developing, extending or maintaining lands which are designated as state
7 parks, state monuments or state recreational areas and to secure agreements
8 or contracts with the United States and its agencies or local governments of
9 the state for the accomplishment of the purposes of sections 67-4218, et seq.,
10 Idaho Code.
11 (g) Construct, lease or otherwise establish public park or recreational
12 privileges, facilities and conveniences and to operate said recreational ser-
13 vices and to make and collect reasonable charges for their use or to enter
14 into contracts for their operation. Provided however, when a campsite fee has
15 been paid for use of a park, no separate motorized vehicle entry fee shall be
16 charged for entry into or for being in that park during the same time period.
17 The board may discount fees in order to offer use incentives to generate addi-
18 tional revenue for operation of the state park system. The board may provide
19 for waiver of fees to any resident of Idaho who is a disabled veteran and
20 whose disability is rated at one hundred percent (100%) or higher, permanent
21 and total. The net proceeds derived shall be credited to the park and recre-
22 ation account established in section 67-4225, Idaho Code, and are hereby spe-
23 cifically appropriated to defray the cost of the public park or recreational
24 services. The department is specifically authorized to enter into contracts
25 with the United States and its agencies which require that the state expend
26 any excess of revenue above expenses for improvements of the recreational or
27 park area from which the excess was derived.
28 (h) Prepare, maintain and keep up-to-date a comprehensive plan for the
29 provision of the outdoor recreational resources of the state; to develop,
30 operate and maintain or enter into leases or agreements with local govern-
31 ments for the operation and maintenance of outdoor recreational areas and
32 facilities of the state, and to acquire lands, waters and interests in lands
33 and waters for such areas and facilities.
34 (i) Apply to any appropriate agency or officer of the United States for
35 participation by the department or a political subdivision of the state or the
36 receipt of aid from any federal program respecting outdoor recreation. It may
37 enter into contracts and agreements with the United States or any appropriate
38 agency thereof, keep financial and other records relating thereto and furnish
39 to appropriate officials and agencies of the United States reports and infor-
40 mation as may be reasonably necessary to enable officials and agencies to per-
41 form their duties under such programs. In connection with obtaining the bene-
42 fits of any program, the park and recreation board shall coordinate its activ-
43 ities with and represent the interests of all agencies and subdivisions of the
44 state having interests in the planning, development and maintenance of outdoor
45 recreational resources and facilities.
46 (j) Obligate the state regarding the responsible management of any fed-
47 eral funds transferred to it for the purpose of any federal enactment and, in
48 accordance with the exercise of this responsibility, the state hereby consents
49 to be sued in any United States district court for the recovery of any federal
50 funds that the responsible federal official, department or agency finds have
51 been misused or disposed of contrary to the agreement with the federal offi-
52 cial, department or agency or contrary to the provisions of federal enactment
53 or applicable federal regulations.
54 (k) Cooperate and contract with and receive and expend aid, donations and
55 matching funds from the government of the United States, receive and expend
3
1 funds from the STORE and to receive and expend donations from other sources to
2 acquire, develop, operate and maintain outdoor recreational areas and facili-
3 ties of the state and, when authorized or directed by any act of congress or
4 any rule or regulation of any agency of the government of the United States,
5 to expend funds donated or granted to the state of Idaho by the federal gov-
6 ernment for such purposes.
7 Provided, however, the park and recreation board shall make no commitment
8 or enter into any agreement pursuant to an exercise of authority under sec-
9 tions 67-4218, et seq., Idaho Code, until it has determined that sufficient
10 funds are available to it for meeting the state's share, if any, of project
11 costs. It is legislative intent that, to the extent as may be necessary to
12 assure the proper operation and maintenance of areas and facilities acquired
13 or developed pursuant to any program participated in by this state under
14 authority of sections 67-4218, et seq., Idaho Code, such areas and facilities
15 shall be publicly maintained for outdoor recreational purposes. The park and
16 recreation board may enter into and administer agreements with the United
17 States or any appropriate agency thereof for planning, acquisition and devel-
18 opment projects involving participating federal-aid funds or state funds on
19 behalf of any subdivision or subdivisions of this state. Provided, that the
20 subdivision or subdivisions give necessary assurances to the park and recre-
21 ation board that they have available sufficient funds to meet their shares, if
22 any, of the cost of the project and that the acquired or developed areas will
23 be operated and maintained at the expense of the subdivision or subdivisions
24 for public outdoor recreational use.
25 (l) Establish, develop, supervise and maintain through cooperative agree-
26 ment, lease, purchase or other arrangement the Idaho recreation trail system,
27 with the advice of the coordinator created in section 67-4233, Idaho Code, and
28 consistent with the goals of recreation, transportation and public access to
29 outdoor areas.
30 (m) Enter into agreements with cities, counties, recreation districts or
31 other political subdivisions of the state to cost-effectively provide recre-
32 ational facilities, opportunities and services to the citizens of the state.
STATEMENT OF PURPOSE
RS 14736
This legislation will prohibit the State Parks and Recreation
Board from charging a separate four dollars ($4.00) per night
motorized vehicle fee when a campsite fee has been purchased.
This motorized vehicle entry fee raises the camping price above
and beyond campsite fees in the civilian sector without offering
the same amenities.
FISCAL NOTE
Removing this fee should increase use of state parks thereby
increasing revenues.
Contact
Name: Rep. Mike Moyle
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 371