2006 Legislation
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HOUSE BILL NO. 638 – Park&Rec Bd, committees, appointmt


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Bill Status

H0638.........................................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 terms and compensation of the Off-Road Motor Vehicle
Advisory Committee.
02/10    House intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Con
02/24    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 64-1-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Collins, Crow, Deal, Denney, Ellsworth, Eskridge,
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
      Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Clark
      Absent and excused -- Bedke, Bell, Edmunson, Field(18), Mr. Speaker
    Floor Sponsor - Roberts
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Res/Env
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsor - Little
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 229
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 638
  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    three  (43)  years,  except that the term of the initial appointees shall com-
 21    mence on the date of appointment and shall be of staggered lengths.  Each mem-
 22    ber of the advisory committee shall be  a  qualified  elector  of  the  state.
 23    Duties shall 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 15915

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.

Name: Dean Sangrey, Parks & Recreation, Dept of 
Phone: (208) 334-4187

STATEMENT OF PURPOSE/FISCAL NOTE                         H 638