2005 Legislation
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HOUSE BILL NO. 371 – Campsite fee paid, no MV fee


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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
  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 / Fiscal Impact

                       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.

Name:  Rep. Mike Moyle 
Phone: (208) 332-1000