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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
Committee.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 542
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE PARK AND RECREATION BOARD; AMENDING SECTION 57-1503, IDAHO
3 CODE, TO PROVIDE THAT THE BOARD SHALL APPOINT THE WATERWAY IMPROVEMENT
4 FUND ADVISORY COMMITTEE; AMENDING SECTION 67-4223, IDAHO CODE, TO REVISE
5 PROVISIONS RELATING TO THE TERMS OF APPOINTMENT FOR THE RECREATIONAL VEHI-
6 CLE ADVISORY COMMITTEE; AND AMENDING SECTION 67-7128, IDAHO CODE, TO
7 REVISE PROVISIONS RELATING TO THE COMPENSATION OF THE OFF-ROAD MOTOR VEHI-
8 CLE ADVISORY COMMITTEE AND TO MAKE A TECHNICAL CORRECTION.
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,
2
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
3
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,
4
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:
9 67-7128. OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION -- SELEC-
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
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
areas.
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.
CONTACT
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