1. Assembly Bill No. 439–Committee on Natural Resources,


  1. Agriculture, and Mining

CHAPTER........

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:

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

  1. 407.065 1. The administrator, subject to the approval of the director
  1. [, may:
  1. 1. Designate,] :
  1. (a) May establish, name, plan, operate, control, protect, develop and
  1. maintain state parks, monuments and recreational areas for the use of the
  1. general public.
  1. [2. Protect]
  1. (b) Shall protect state parks and property controlled or administered by
  1. the division from misuse or damage and preserve the peace within those
  1. areas. The administrator may appoint or designate certain employees of the
  1. division to have the general authority of peace officers.
  1. [3. Allow]
  1. (c) May allow multiple use of state parks and real property controlled or
  1. administered by the division for any lawful purpose, including , but not
  1. limited to, grazing, mining, development of natural resources, hunting and
  1. fishing, [and subject to] in accordance with such regulations as may be
  1. adopted in furtherance of the purposes of the division.
  1. [4. Conduct]
  1. (d) Shall impose and collect reasonable fees for entering, camping
  1. and boating in state parks and recreational areas. The division shall
  1. issue, upon application therefor and proof of residency and age, an
  1. annual permit for entering, camping and boating in all state parks and
  1. recreational areas in this state to any person who is 65 years of age or
  1. older and has resided in this state for at least 5 years immediately
  1. preceding the date on which the application is submitted. The permit
  1. must be issued without charge, except that the division shall charge and
  1. collect an administrative fee for the issuance of the permit in an amount
  1. sufficient to cover the costs of issuing the permit.
  1. (e) May conduct and operate such special services as may be necessary
  1. for the comfort and convenience of the general public, and impose and
  1. collect reasonable fees for [them. Except as otherwise provided in
  1. subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees
  2. collected pursuant to this subsection must be deposited in the state general
  1. fund. No fees for special services may be collected from bona fide residents
  1. of this state who are more than 60 years old. Reasonable proof of age and
  1. residence may be required for free use of special services.
  1. 5. Rent] such special services.
  1. (f) May rent or lease concessions located within the boundaries of state
  1. parks or of real property controlled or administered by the division to
  1. public or private corporations, to groups of natural persons, or to natural
  1. persons for a valuable consideration upon such terms and conditions as the
  1. division deems fit and proper, but no concessionaire may dominate any
  1. state park operation. Rental and lease payments must be deposited in the
  1. state general fund.
  1. [6. Establish]
  1. (g) May establish such capital projects construction funds as are
  1. necessary to account for the parks improvements program approved by the
  1. legislature. The money in these funds must be used for the construction and
  1. improvement of those parks which are under the supervision of the
  1. administrator.
  1. 2. Except as otherwise provided in subsection 1 of NRS 407.0762 and
  1. subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs
  1. (d) and (e) of subsection 1 must be deposited in the state general fund.

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

  1. 407.0762 1. The account for maintenance of state parks within the
  1. division of state parks is hereby created in the state general fund. Except as
  1. otherwise provided in NRS 407.0765, any amount of fees collected
  1. pursuant to paragraphs (d) and (e) of subsection [4] 1 of NRS 407.065 in a
  1. calendar year, which is in excess of the amounts authorized for expenditure
  1. from that revenue source in the division’s budget for the fiscal year
  1. beginning in that calendar year, must be deposited in the account. The
  1. interest and income earned on the money in the account, after deducting
  1. any applicable charges, must be credited to the account.
  1. 2. The money in the account does not lapse to the state general fund at
  1. the end of any fiscal year.
  1. 3. The money deposited in the account pursuant to subsection 1 must
  1. only be used to repair and maintain state parks, monuments and
  1. recreational areas.
  1. 4. Before the administrator may expend money pursuant to subsection
  1. 3:
  1. (a) For emergency repairs and projects with a cost of less than $25,000,
  1. he must first receive the approval of the director.
  1. (b) For projects with a cost of $25,000 or more, other than emergency
  1. repairs, he must first receive the approval of the director and of the interim
  1. finance committee.

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

  1. 289.260 1. Rangers and employees of the division of state parks of
  1. the state department of conservation and natural resources have, at the
  1. discretion of the administrator of the division, the same power to make
  1. arrests as any other peace officer for violations of law committed inside the
  1. boundaries of state parks or real property controlled or administered by the
  1. division.
  1. 2. An employee of the division of state parks of the state department of
  1. conservation and natural resources appointed or designated pursuant to
  1. paragraph (b) of subsection [2] 1 of NRS 407.065 has the powers of a
  1. peace officer.

Sec. 4. Notwithstanding the amendatory provisions of section 1 of this

act to the contrary:

1. A permit for senior citizens issued by the division of state parks of

the state department of conservation and natural resources before
January 1, 2000, to a person who is a resident of this state and is 60 years

of age or older remains valid until:

(a) The date of expiration of the permit; or

(b) The date on which the person to whom it is issued ceases to be a

resident of this state,

whichever occurs first.

2. A person who holds a valid permit for senior citizens issued by the

division of state parks of the state department of conservation and natural

resources before January 1, 2000, may apply for the issuance of an annual

permit described in paragraph (d) of subsection 1 of NRS 407.065 upon:

(a) Proof only that the person is a current resident of this state; and

(b) Payment of the administrative fee required by that paragraph.

3. The division of state parks of the state department of conservation

and natural resources shall, upon receiving an application that satisfies the

requirements of subsection 2, issue to the applicant an annual permit

described in paragraph (d) of subsection 1 of NRS 407.065.

4. An annual permit issued pursuant to subsection 3 is renewable by

the person to whom it is issued subject to the same terms and conditions

applicable to the issuance of the permit.

Sec. 5. 1. This act becomes effective on January 1, 2000.

2. Section 4 of this act expires by limitation on January 1, 2005.

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