2006 Legislation
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HOUSE BILL NO. 542 – Park&Rec Bd, committees, appointmt


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H0542.........................................by RESOURCES AND CONSERVATION
PARK AND RECREATION BOARD - Amends existing law to provide that the Park
and Recreation Board shall appoint the Waterway Improvement Fund Advisory
Committee; to revise provisions relating to the terms of appointment for
the Recreational Vehicle Advisory Committee; and to revise provisions
relating to the compensation of the Off-Road Motor Vehicle Advisory
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Res/Con

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 542
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION 1.  That Section 57-1503, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
 12        57-1503.  WATERWAYS IMPROVEMENT FUND ADVISORY COMMITTEE. The director park
 13    and recreation board of the department of parks and recreation shall appoint a
 14    six  (6)  member  advisory committee which shall be compensated as provided in
 15    section 59-509(f), Idaho Code. The committee shall act in an advisory capacity
 16    to the department on matters relating to evaluation of applications for grants
 17    to be awarded from the state waterways improvement fund. Criteria  for  deter-
 18    mining  awards  shall be as prescribed by the department. One (1) member shall
 19    be chosen from each of the districts described in section 67-4221, Idaho Code.
 20    Each member shall be an active recreational boater and be a  resident  of  the
 21    region. The terms of the appointment shall be three (3) years, except that the
 22    initial  appointees  shall commence on the date of appointment and shall be of
 23    staggered lengths so that the term of two (2) members will expire annually.
 24        SECTION 2.  That Section 67-4223, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
 26        67-4223.  POWERS OF BOARD. The park and recreation board shall:
 27        (a)  Adopt,  amend  or  rescind  rules  as may be necessary for the proper
 28    administration of the provisions of sections 67-4218, et seq., Idaho Code, and
 29    the use and protection of park and recreational areas subject to its jurisdic-
 30    tion. A violation of any rule promulgated by the board pursuant to this provi-
 31    sion which concerns the use and protection of park and recreation areas is  an
 32    infraction.
 33        (b)  Make expenditures for the acquisition, leasing, care, control, super-
 34    vision, improvement, development, extension and maintenance of all lands under
 35    the  control of the department and to make arrangements, agreements, contracts
 36    or commitments, which may or may  not  involve  expenditures  or  transfer  of
 37    funds,  with  the  head of any state institution, department or agency for the
 38    improvement or development of lands or properties under  the  control  of  the
 39    board, or any other department or agency of the state of Idaho.
 40        (c)  Appoint  advisory, local and regional park and recreational councils,
 41    to consider, study and advise in the work of the department for the extension,
  1    development, use and maintenance of any areas which are to  be  considered  as
  2    future park or recreational sites or which are designated as park recreational
  3    areas.
  4        (d)  Appoint a six (6) member recreational vehicle advisory committee, who
  5    shall  be compensated as provided in section 59-509(f), Idaho Code, and act in
  6    an advisory capacity to the board on matters relating to the  development  and
  7    improvement  of  recreational  vehicle related facilities and services as pro-
  8    vided in subsection (e) of this section. Each member of the advisory committee
  9    shall be representative of recreational vehicle users with one (1)  from  each
 10    of  the  districts  described  in  section  67-4221,  Idaho Code. The terms of
 11    appointment shall be concurrent with the incumbent park and  recreation  board
 12    member  from the respective districts three (3) years, except that the initial
 13    appointees shall commence on the date of appointment and shall be of staggered
 14    lengths so that the term of two (2) members will expire annually.
 15        (e)  Administer the funds derived from the  recreational  vehicle  account
 16    established  in section 49-448, Idaho Code, to provide financial assistance in
 17    the form of grants to  public entities for the  acquisition,  lease,  develop-
 18    ment,  improvement,  operations  and  maintenance  of  facilities and services
 19    designed to promote the health, safety and enjoyment of  recreational  vehicle
 20    users.  Up to fifteen percent (15%) of the recreational vehicle account gener-
 21    ated each year may be used by the department to  defray  recreational  vehicle
 22    program  administrative costs. Any moneys unused at the end of the fiscal year
 23    shall be returned to the state treasurer for deposit in the recreational vehi-
 24    cle account.
 25        (f)  Cooperate with the United States and its agencies and  local  govern-
 26    ments of the state for the purpose of acquiring, leasing, supervising, improv-
 27    ing,  developing, extending or maintaining lands which are designated as state
 28    parks, state monuments or state recreational areas and to secure agreements or
 29    contracts with the United States and its agencies or local governments of  the
 30    state  for  the  accomplishment  of the purposes of sections 67-4218, et seq.,
 31    Idaho Code.
 32        (g)  Construct, lease or otherwise establish public park  or  recreational
 33    privileges,  facilities and conveniences and to operate said recreational ser-
 34    vices and to make and collect reasonable charges for their  use  or  to  enter
 35    into  contracts  for  their operation. The board may discount fees in order to
 36    offer use incentives to generate additional revenue for operation of the state
 37    park system. The net proceeds derived shall be credited to the park and recre-
 38    ation account established in section 67-4225, Idaho Code, and are hereby  spe-
 39    cifically  appropriated  to defray the cost of the public park or recreational
 40    services. The department is specifically authorized to  enter  into  contracts
 41    with  the  United  States and its agencies which require that the state expend
 42    any excess of revenue above expenses for improvements of the  recreational  or
 43    park area from which the excess was derived.
 44        (1)  The board may provide for waiver of fees to any resident of Idaho who
 45        is a disabled veteran and whose disability is rated at one hundred percent
 46        (100%) or higher, permanent and total.
 47        (2)  The  board  may provide for a reduction of no more than fifty percent
 48        (50%) of the fee charged for recreational vehicle camping, effective  Mon-
 49        day  night  through Thursday night, for any senior citizen who possesses a
 50        valid federal "golden age passport"  or  other  equivalent  successor,  as
 51        issued by a federally-operated facility where an entrance fee is charged.
 52        (3)  If  any  state  recognizes senior citizens by offering a special park
 53        pass for use in that state, the board may provide for a  reduction  of  no
 54        more  than fifty percent (50%) of the fee charged for recreational vehicle
 55        camping, effective Monday night through Thursday night, for any person who
  1        possesses such a state park pass.
  2        (h)  Prepare, maintain and keep up-to-date a comprehensive  plan  for  the
  3    provision    of  the  outdoor recreational resources of the state; to develop,
  4    operate and maintain or  enter into leases or agreements  with  local  govern-
  5    ments   for  the  operation  and maintenance of outdoor recreational areas and
  6    facilities of the state, and to acquire lands, waters and interests  in  lands
  7    and waters for such areas and facilities.
  8        (i)  Apply  to  any appropriate agency or officer of the United States for
  9    participation by the department or a political subdivision of the state or the
 10    receipt of aid from any federal program respecting outdoor recreation. It  may
 11    enter  into contracts and agreements with the United States or any appropriate
 12    agency thereof, keep financial and other records relating thereto and  furnish
 13    to  appropriate officials and agencies of the United States reports and infor-
 14    mation as may be reasonably necessary to enable officials and agencies to per-
 15    form their duties under such programs. In connection with obtaining the  bene-
 16    fits of any program, the park and recreation board shall coordinate its activ-
 17    ities with and represent the interests of all agencies and subdivisions of the
 18    state having interests in the planning, development and maintenance of outdoor
 19    recreational resources and facilities.
 20        (j)  Obligate  the  state regarding the responsible management of any fed-
 21    eral funds transferred to it for the purpose of any federal enactment and,  in
 22    accordance with the exercise of this responsibility, the state hereby consents
 23    to be sued in any United States district court for the recovery of any federal
 24    funds  that  the responsible federal official, department or agency finds have
 25    been misused or disposed of contrary to the agreement with the  federal  offi-
 26    cial,  department or agency or contrary to the provisions of federal enactment
 27    or applicable federal regulations.
 28        (k)  Cooperate and contract with and receive and expend aid, donations and
 29    matching funds from the government of the United States,  receive  and  expend
 30    funds from the STORE and to receive and expend donations from other sources to
 31    acquire,  develop, operate and maintain outdoor recreational areas and facili-
 32    ties of the state and, when authorized or directed by any act of  congress  or
 33    any  rule  or regulation of any agency of the government of the United States,
 34    to expend funds donated or granted to the state of Idaho by the  federal  gov-
 35    ernment for such purposes.
 36        Provided,  however, the park and recreation board shall make no commitment
 37    or enter into any agreement pursuant to an exercise of  authority  under  sec-
 38    tions  67-4218,  et  seq., Idaho Code, until it has determined that sufficient
 39    funds are available to it for meeting the state's share, if  any,  of  project
 40    costs.  It  is  legislative  intent that, to the extent as may be necessary to
 41    assure the proper operation and maintenance of areas and  facilities  acquired
 42    or  developed  pursuant  to  any  program  participated in by this state under
 43    authority of sections 67-4218, et seq., Idaho Code, such areas and  facilities
 44    shall  be  publicly maintained for outdoor recreational purposes. The park and
 45    recreation board may enter into and  administer  agreements  with  the  United
 46    States  or any appropriate agency thereof for planning, acquisition and devel-
 47    opment projects involving participating federal-aid funds or  state  funds  on
 48    behalf  of  any  subdivision or subdivisions of this state. Provided, that the
 49    subdivision or subdivisions give necessary assurances to the park  and  recre-
 50    ation board that they have available sufficient funds to meet their shares, if
 51    any,  of the cost of the project and that the acquired or developed areas will
 52    be operated and maintained at the expense of the subdivision  or  subdivisions
 53    for public outdoor recreational use.
 54        (l)  Establish, develop, supervise and maintain through cooperative agree-
 55    ment,  lease, purchase or other arrangement the Idaho recreation trail system,
  1    with the advice of the coordinator created in section 67-4233, Idaho Code, and
  2    consistent with the goals of recreation, transportation and public  access  to
  3    outdoor areas.
  4        (m)  Enter  into agreements with cities, counties, recreation districts or
  5    other political subdivisions of the state to cost-effectively  provide  recre-
  6    ational facilities,  opportunities and services to the citizens of the state.
  7        SECTION  3.  That  Section 67-7128, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
 10    TION  --  TERM  OF  OFFICE  --  DUTY.  (1) The park and recreation board shall
 11    appoint an off-road motor vehicle advisory committee (ORMV) of nine  (9)  mem-
 12    bers. The membership of the advisory committee shall consist of three (3) mem-
 13    bers each from northern Idaho, southwestern Idaho, and southeastern Idaho. Two
 14    (2) members from each area shall represent the following groups: motorbikes or
 15    ATV  riders and snowmobilers. One (1) member interested in ORMV projects shall
 16    be appointed from each area without regard to  the  recreational  activity  in
 17    which  that  member  participates  and  shall  represent  interests other than
 18    motorbike or ATV riders and snowmobilers. Each member of the advisory  commit-
 19    tee  shall  be chosen by the park and recreation board to serve a term of four
 20    (4) years, except that the term of the initial appointees  shall  commence  on
 21    the date of appointment and shall be of staggered lengths.  Each member of the
 22    advisory  committee  shall  be a qualified elector of the state.  Duties shall
 23    include:
 24        (a)  Representing the best interests of  the  ORMV  users  and  activities
 25        which they represent in the district from which they are appointed;
 26        (b)  Advising the department as to whether proposed ORMV projects meet the
 27        needs of ORMV users in that area;
 28        (c)  Advising  the  department as to how funds can be used to rehabilitate
 29        areas on public or private lands and how the department can assist in  the
 30        enforcement of laws and regulations governing the use of off-road vehicles
 31        in the state of Idaho;
 32        (d)  The  three  (3) motorbike or all-terrain vehicle representatives from
 33        the ORMV advisory committee shall advise the department on matters  relat-
 34        ing  to  the use of moneys in the motorbike recreation account as provided
 35        for in section 67-7127, Idaho Code.
 36        (2)  The department may reimburse members of the ORMV  advisory  committee
 37    for  reasonable expenses incurred in the conduct of their official duties pre-
 38    scribed committee shall be compensated  as  provided  in  section  59-509(bf),
 39    Idaho Code, and authorized by the department.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 15394

     Various inconsistencies exist in statutory guidelines
established for the Grant Advisory Committees whose members
assist the Idaho Park and Recreation Board with grant application
review and approval.  It is important to standardize the enabling
pieces of legislation.  Areas affected by these discrepancies
include committee member compensation, varying term lengths of
appointed committee members, and inconsistency in appointing
authority.  This amendment enables IDPR to correct these problem

                          FISCAL NOTE

     These amendments will have no impact on the General Fund. 
The combined annual compensation, including per diem and travel
allowance, for all committee members will amount to approximately
$9,000.  This expense is an obligation covered by the specific
recreation program dedicated fund.

Name:     Dean Sangrey
Agency:   Parks and Recreation, Dept. of
Phone:    334-4187

Rep. Ken Roberts
(208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                              H 542