Assembly Bill No. 439–Committee on Natural Resources, Agriculture, and Mining
(On Behalf of Division of Parks)
March 10, 1999
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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.
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EXPLANATION – Matter in
bolded italics is new; matter between bracketsand providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 407.065 is hereby amended to read as follows: 407.065 1. The administrator, subject to the approval of the director1-3
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(a) May establish, name, plan, operate, control, protect, develop and1-6
maintain state parks, monuments and recreational areas for the use of the1-7
general public.1-8
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(b) Shall protect state parks and property controlled or administered by1-10
the division from misuse or damage and preserve the peace within those1-11
areas. The administrator may appoint or designate certain employees of the1-12
division to have the general authority of peace officers.2-1
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(c) May allow multiple use of state parks and real property controlled or2-3
administered by the division for any lawful purpose, including , but not2-4
limited to, grazing, mining, development of natural resources, hunting and2-5
fishing,2-6
adopted in furtherance of the purposes of the division.2-7
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(d) Shall impose and collect reasonable fees for entering, camping2-9
and boating in state parks and recreational areas. The division shall2-10
issue, upon application therefor and proof of residency and age, an2-11
annual permit for entering, camping and boating in all state parks and2-12
recreational areas in this state to any person who is 65 years of age or2-13
older and has resided in this state for at least 5 years immediately2-14
preceding the date on which the application is submitted. The permit2-15
must be issued without charge, except that the division shall charge and2-16
collect an administrative fee for the issuance of the permit in an amount2-17
sufficient to cover the costs of issuing the permit.2-18
(e) May conduct and operate such special services as may be necessary2-19
for the comfort and convenience of the general public, and impose and2-20
collect reasonable fees for2-21
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(f) May rent or lease concessions located within the boundaries of state2-28
parks or of real property controlled or administered by the division to2-29
public or private corporations, to groups of natural persons, or to natural2-30
persons for a valuable consideration upon such terms and conditions as the2-31
division deems fit and proper, but no concessionaire may dominate any2-32
state park operation. Rental and lease payments must be deposited in the2-33
state general fund.2-34
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(g) May establish such capital projects construction funds as are2-36
necessary to account for the parks improvements program approved by the2-37
legislature. The money in these funds must be used for the construction and2-38
improvement of those parks which are under the supervision of the2-39
administrator.2-40
2. Except as otherwise provided in subsection 1 of NRS 407.0762 and2-41
subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs2-42
(d) and (e) of subsection 1 must be deposited in the state general fund.3-1
Sec. 2. NRS 407.0762 is hereby amended to read as follows: 407.0762 1. The account for maintenance of state parks within the3-3
division of state parks is hereby created in the state general fund. Except as3-4
otherwise provided in NRS 407.0765, any amount of fees collected3-5
pursuant to paragraphs (d) and (e) of subsection3-6
calendar year, which is in excess of the amounts authorized for expenditure3-7
from that revenue source in the division’s budget for the fiscal year3-8
beginning in that calendar year, must be deposited in the account. The3-9
interest and income earned on the money in the account, after deducting3-10
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 at3-12
the end of any fiscal year.3-13
3. The money deposited in the account pursuant to subsection 1 must3-14
only be used to repair and maintain state parks, monuments and3-15
recreational areas.3-16
4. Before the administrator may expend money pursuant to subsection3-17
3:3-18
(a) For emergency repairs and projects with a cost of less than $25,000,3-19
he must first receive the approval of the director.3-20
(b) For projects with a cost of $25,000 or more, other than emergency3-21
repairs, he must first receive the approval of the director and of the interim3-22
finance committee.3-23
Sec. 3. NRS 289.260 is hereby amended to read as follows: 289.260 1. Rangers and employees of the division of state parks of3-25
the state department of conservation and natural resources have, at the3-26
discretion of the administrator of the division, the same power to make3-27
arrests as any other peace officer for violations of law committed inside the3-28
boundaries of state parks or real property controlled or administered by the3-29
division.3-30
2. An employee of the division of state parks of the state department of3-31
conservation and natural resources appointed or designated pursuant to3-32
paragraph (b) of subsection3-33
peace officer.3-34
Sec. 4. Notwithstanding the amendatory provisions of section 1 of this3-35
act to the contrary:3-36
1. A permit for senior citizens issued by the division of state parks of3-37
the state department of conservation and natural resources before3-39
of age or older remains valid until:3-40
(a) The date of expiration of the permit; or3-41
(b) The date on which the person to whom it is issued ceases to be a3-42
resident of this state,3-43
whichever occurs first.4-1
2. A person who holds a valid permit for senior citizens issued by the4-2
division of state parks of the state department of conservation and natural4-3
resources before January 1, 2000, may apply for the issuance of an annual4-4
permit described in paragraph (d) of subsection 1 of NRS 407.065 upon:4-5
(a) Proof only that the person is a current resident of this state; and4-6
(b) Payment of the administrative fee required by that paragraph.4-7
3. The division of state parks of the state department of conservation4-8
and natural resources shall, upon receiving an application that satisfies the4-9
requirements of subsection 2, issue to the applicant an annual permit4-10
described in paragraph (d) of subsection 1 of NRS 407.065.4-11
4. An annual permit issued pursuant to subsection 3 is renewable by4-12
the person to whom it is issued subject to the same terms and conditions4-13
applicable to the issuance of the permit.4-14
Sec. 5. 1. This act becomes effective on January 1, 2000.4-15
2. Section 4 of this act expires by limitation on January 1, 2005.~