Assembly Bill No. 439–Committee on Natural Resources, Agriculture and Mining

(On Behalf of Division of Parks)

March 10, 1999

____________

Referred to Committee on Natural Resources,
Agriculture and Mining

 

SUMMARY—Revises provisions governing use of state parks and other recreational areas. (BDR 35-438)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to recreational areas; revising the age and residency requirements for free use of state parks and other recreational areas by certain elderly persons; requiring the collection of an administrative fee for the issuance of a permit for such use; clarifying the authority for the collection of reasonable fees for entering, camping and boating in state parks and recreational areas; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 407.065 is hereby amended to read as follows:

1-2 407.065 1. The administrator, subject to the approval of the director

1-3 [, may:

1-4 1. Designate,] :

1-5 (a) May establish, name, plan, operate, control, protect, develop and

1-6 maintain state parks, monuments and recreational areas for the use of the

1-7 general public.

1-8 [2. Protect]

1-9 (b) Shall protect state parks and property controlled or administered by

1-10 the division from misuse or damage and preserve the peace within those

1-11 areas. The administrator may appoint or designate certain employees of the

1-12 division to have the general authority of peace officers.

2-1 [3. Allow]

2-2 (c) May allow multiple use of state parks and real property controlled or

2-3 administered by the division for any lawful purpose, including , but not

2-4 limited to, grazing, mining, development of natural resources, hunting and

2-5 fishing, [and subject to] in accordance with such regulations as may be

2-6 adopted in furtherance of the purposes of the division.

2-7 [4. Conduct]

2-8 (d) Shall impose and collect reasonable fees for entering, camping

2-9 and boating in state parks and recreational areas. The division shall

2-10 issue, upon application therefor and proof of residency and age, an

2-11 annual permit for entering, camping and boating in all state parks and

2-12 recreational areas in this state to any person who is 65 years of age or

2-13 older and has resided in this state for at least 5 years immediately

2-14 preceding the date on which the application is submitted. The permit

2-15 must be issued without charge, except that the division shall charge and

2-16 collect an administrative fee of $10 for the issuance of the permit.

2-17 (e) May conduct and operate such special services as may be necessary

2-18 for the comfort and convenience of the general public, and impose and

2-19 collect reasonable fees for [them. Except as otherwise provided in

2-20 subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees

2-21 collected pursuant to this subsection must be deposited in the state general

2-22 fund. No fees for special services may be collected from bona fide

2-23 residents of this state who are more than 60 years old. Reasonable proof of

2-24 age and residence may be required for free use of special services.

2-25 5. Rent] such special services.

2-26 (f) May rent or lease concessions located within the boundaries of state

2-27 parks or of real property controlled or administered by the division to

2-28 public or private corporations, to groups of natural persons, or to natural

2-29 persons for a valuable consideration upon such terms and conditions as the

2-30 division deems fit and proper, but no concessionaire may dominate any

2-31 state park operation. Rental and lease payments must be deposited in the

2-32 state general fund.

2-33 [6. Establish]

2-34 (g) May establish such capital projects construction funds as are

2-35 necessary to account for the parks improvements program approved by the

2-36 legislature. The money in these funds must be used for the construction

2-37 and improvement of those parks which are under the supervision of the

2-38 administrator.

2-39 2. Except as otherwise provided in subsection 1 of NRS 407.0762

2-40 and subsection 1 of NRS 407.0765, the fees collected pursuant to

2-41 paragraphs (d) and (e) of subsection 1 must be deposited in the state

2-42 general fund.

3-1 Sec. 2. NRS 407.0762 is hereby amended to read as follows:

3-2 407.0762 1. The account for maintenance of state parks within the

3-3 division of state parks is hereby created in the state general fund. Except as

3-4 otherwise provided in NRS 407.0765, any amount of fees collected

3-5 pursuant to paragraphs (d) and (e) of subsection [4] 1 of NRS 407.065 in

3-6 a calendar year, which is in excess of the amounts authorized for

3-7 expenditure from that revenue source in the division’s budget for the fiscal

3-8 year beginning in that calendar year, must be deposited in the account. The

3-9 interest and income earned on the money in the account, after deducting

3-10 any applicable charges, must be credited to the account.

3-11 2. The money in the account does not lapse to the state general fund at

3-12 the end of any fiscal year.

3-13 3. The money deposited in the account pursuant to subsection 1 must

3-14 only be used to repair and maintain state parks, monuments and

3-15 recreational areas.

3-16 4. Before the administrator may expend money pursuant to subsection

3-17 3:

3-18 (a) For emergency repairs, he must first receive the approval of the

3-19 director.

3-20 (b) For purposes other than emergency repairs, he must first receive the

3-21 approval of the director and of the interim finance committee.

3-22 Sec. 3. NRS 289.260 is hereby amended to read as follows:

3-23 289.260 1. Rangers and employees of the division of state parks of

3-24 the state department of conservation and natural resources have, at the

3-25 discretion of the administrator of the division, the same power to make

3-26 arrests as any other peace officer for violations of law committed inside the

3-27 boundaries of state parks or real property controlled or administered by the

3-28 division.

3-29 2. An employee of the division of state parks of the state department of

3-30 conservation and natural resources appointed or designated pursuant to

3-31 paragraph (b) of subsection [2] 1 of NRS 407.065 has the powers of a

3-32 peace officer.

3-33 Sec. 4. This act becomes effective on January 1, 2000.

~