2005 Legislation
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HOUSE BILL NO. 83 – RV camping, Golden Age Passport

HOUSE BILL NO. 83

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Bill Status



H0083.........................................by RESOURCES AND CONSERVATION
RECREATIONAL VEHICLES - CAMPING - Amends existing law to authorize the
state Park and Recreation Board to provide for a reduction of no more than
fifty percent of the fee charged for recreational vehicle camping,
effective Sunday night through Thursday night, for any senior citizen who
possesses a valid federal "Golden Age Passport" or its equivalent, as
issued by a federally-operated facility where an entrance fee is charged.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    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. 83
                                                                        
                          BY RESOURCES AND CONSERVATION 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 SUNDAY NIGHT THROUGH THURSDAY NIGHT, FOR ANY SENIOR CITIZEN  WHO
  6        POSSESSES  A VALID FEDERAL "GOLDEN AGE PASSPORT" OR ITS EQUIVALENT SUCCES-
  7        SOR, AS ISSUED BY A FEDERALLY-OPERATED FACILITY WHERE AN ENTRANCE  FEE  IS
  8        CHARGED 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
  6    vehicle 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, improv-
  9    ing, developing, extending or maintaining lands which are designated as  state
 10    parks, state monuments or state recreational areas and to secure agreements or
 11    contracts  with the United States and its agencies or local governments of the
 12    state for the accomplishment of the purposes of  sections  67-4218,  et  seq.,
 13    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  Sun-
 33        day  night  through Thursday night, for any senior citizen who possesses a
 34        valid federal "golden age passport" or its equivalent successor, as issued
 35        by a federally-operated facility where an entrance fee is charged.
 36        (h)  Prepare, maintain and keep up-to-date a comprehensive  plan  for  the
 37    provision  of  the  outdoor  recreational  resources of the state; to develop,
 38    operate and maintain or  enter into leases or agreements  with  local  govern-
 39    ments   for  the  operation  and maintenance of outdoor recreational areas and
 40    facilities of the state, and to acquire lands, waters and interests  in  lands
 41    and waters for such areas and facilities.
 42        (i)  Apply  to  any appropriate agency or officer of the United States for
 43    participation by the department or a political subdivision of the state or the
 44    receipt of aid from any federal program respecting outdoor recreation. It  may
 45    enter  into contracts and agreements with the United States or any appropriate
 46    agency thereof, keep financial and other records relating thereto and  furnish
 47    to  appropriate officials and agencies of the United States reports and infor-
 48    mation as may be reasonably necessary to enable officials and agencies to per-
 49    form their duties under such programs. In connection with obtaining the  bene-
 50    fits of any program, the park and recreation board shall coordinate its activ-
 51    ities with and represent the interests of all agencies and subdivisions of the
 52    state having interests in the planning, development and maintenance of outdoor
 53    recreational resources and facilities.
 54        (j)  Obligate  the  state regarding the responsible management of any fed-
 55    eral funds transferred to it for the purpose of any federal enactment and,  in
                                                                        
                                           3
                                                                        
  1    accordance with the exercise of this responsibility, the state hereby consents
  2    to  be  sued in any United States  district court for the recovery of any fed-
  3    eral funds that the responsible federal official, department or  agency  finds
  4    have  been  misused  or disposed of contrary to the agreement with the federal
  5    official, department or agency or contrary to the provisions of federal enact-
  6    ment or applicable federal regulations.
  7        (k)  Cooperate and contract with and receive and expend aid, donations and
  8    matching funds from the government of the United States,  receive  and  expend
  9    funds from the STORE and to receive and expend donations from other sources to
 10    acquire,  develop, operate and maintain outdoor recreational areas and facili-
 11    ties of the state and, when authorized or directed by any act of  congress  or
 12    any  rule  or regulation of any agency of the government of the United States,
 13    to expend funds donated or granted to the state of Idaho by the  federal  gov-
 14    ernment for such purposes.
 15        Provided,  however, the park and recreation board shall make no commitment
 16    or enter into any agreement pursuant to an exercise of  authority  under  sec-
 17    tions  67-4218,  et  seq., Idaho Code, until it has determined that sufficient
 18    funds are available to it for meeting the state's share, if  any,  of  project
 19    costs.  It  is  legislative  intent that, to the extent as may be necessary to
 20    assure the proper operation and maintenance of areas and  facilities  acquired
 21    or  developed  pursuant  to  any  program  participated in by this state under
 22    authority of sections 67-4218, et seq., Idaho Code, such areas and  facilities
 23    shall  be  publicly maintained for outdoor recreational purposes. The park and
 24    recreation board may enter into and  administer  agreements  with  the  United
 25    States  or any appropriate agency thereof for planning, acquisition and devel-
 26    opment projects involving participating federal-aid funds or  state  funds  on
 27    behalf  of  any  subdivision or subdivisions of this state. Provided, that the
 28    subdivision or subdivisions give necessary assurances to the park  and  recre-
 29    ation board that they have available sufficient funds to meet their shares, if
 30    any,  of the cost of the project and that the acquired or developed areas will
 31    be operated and maintained at the expense of the subdivision  or  subdivisions
 32    for public outdoor recreational use.
 33        (l)  Establish, develop, supervise and maintain through cooperative agree-
 34    ment,  lease, purchase or other arrangement the Idaho recreation trail system,
 35    with the advice of the coordinator created in section 67-4233, Idaho Code, and
 36    consistent with the goals of recreation, transportation and public  access  to
 37    outdoor areas.
 38        (m)  Enter  into agreements with cities, counties, recreation districts or
 39    other political subdivisions of the state to cost-effectively  provide  recre-
 40    ational facilities,  opportunities and services to the citizens of the state.

Statement of Purpose / Fiscal Impact



                                STATEMENT OF PURPOSE

                                      RS 14658

To amend section 67-4223 of the Idaho Code to authorize the Idaho Department of
Parks and Recreation Board to provide for a reduction of no more than fifty percent 
of the fee charged for recreational vehicle camping for any senior citizen who 
possesses a valid federal "Golden Age Passport," effective Sunday night through 
Thursday night.


                                      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 83