Assembly Bill No. 80–Assemblymen Dini, Anderson, Chowning, Bache, Price, Buckley, Gibbons, Giunchigliani, Goldwater, Humke, Koivisto, Marvel and Perkins

February 9, 2001

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Referred to Committee on Natural Resources, Agriculture, and Mining

SUMMARY—Revises requirements for issuance of permits for free use of state parks and other recreational areas by certain disabled persons and by older persons. (BDR 35‑312)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

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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; requiring the issuance of permits to certain disabled persons for free use of state parks and other recreational areas; reducing the age requirement for free use of state parks and other recreational areas by older persons; 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 (a) May establish, name, plan, operate, control, protect, develop and

1-4 maintain state parks, monuments and recreational areas for the use of the

1-5 general public.

1-6 (b) Shall protect state parks and property controlled or administered by

1-7 the division from misuse or damage and preserve the peace within those

1-8 areas. The administrator may appoint or designate certain employees of the

1-9 division to have the general authority of peace officers.

1-10 (c) May allow multiple use of state parks and real property controlled or

1-11 administered by the division for any lawful purpose, including, but not

1-12 limited to, grazing, mining, development of natural resources, hunting and

1-13 fishing, in accordance with such regulations as may be adopted in

1-14 furtherance of the purposes of the division.

1-15 (d) [Shall] Except as otherwise provided in subsection 2, shall impose

1-16 and collect reasonable fees for entering, camping and boating in state parks

1-17 and recreational areas. [The division shall issue, upon application therefor

1-18 and proof of residency and age, an annual permit for entering, camping and

2-1 boating in all state parks and recreational areas in this state to any person

2-2 who is 65 years of age or older and has resided in this state for at least 5

2-3 years immediately preceding the date on which the application is

2-4 submitted. The permit must be issued without charge, except that the

2-5 division shall charge and collect an administrative fee for the issuance of

2-6 the permit in an amount sufficient to cover the costs of issuing the permit.]

2-7 (e) May conduct and operate such special services as may be necessary

2-8 for the comfort and convenience of the general public, and impose and

2-9 collect reasonable fees for such special services.

2-10 (f) May rent or lease concessions located within the boundaries of state

2-11 parks or of real property controlled or administered by the division to

2-12 public or private corporations, to groups of natural persons, or to natural

2-13 persons for a valuable consideration upon such terms and conditions as the

2-14 division deems fit and proper, but no concessionaire may dominate any

2-15 state park operation. Rental and lease payments must be deposited in the

2-16 state general fund.

2-17 (g) May establish such capital projects construction funds as are

2-18 necessary to account for the parks improvements program approved by the

2-19 legislature. The money in these funds must be used for the construction and

2-20 improvement of those parks which are under the supervision of the

2-21 administrator.

2-22 2. Upon application containing appropriate proof of eligibility, the

2-23 division shall issue an annual permit for entering, camping and boating

2-24 in all state parks and recreational areas in this state, without charge

2-25 except an administrative charge in an amount sufficient to cover the

2-26 costs of issuing the permit, to a person who has resided in this state for at

2-27 least 5 years immediately preceding the date on which the application is

2-28 submitted and:

2-29 (a) Is 60 years of age or older; or

2-30 (b) Has a physical or mental impairment that substantially limits one

2-31 or more of the major life activities of the person. An application for a

2-32 permit pursuant to this paragraph must include a statement from a

2-33 licensed physician certifying that the applicant is eligible to receive a

2-34 permit pursuant to this paragraph.

2-35 3. Except as otherwise provided in subsection 1 of NRS 407.0762 and

2-36 subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs

2-37 (d) and (e) of subsection 1 and the administrative charges collected

2-38 pursuant to subsection 2 must be deposited in the state general fund.

2-39 Sec. 2. Section 5 of chapter 218, Statutes of Nevada 1999, at page

2-40 979, is hereby amended to read as follows:

2-41 Sec. 5. 1. This act becomes effective on January 1, 2000.

2-42 2. Section 4 of this act expires by limitation on [January 1, 2005.]

2-43 July 1, 2001.

2-44 Sec. 3. This act becomes effective on July 1, 2001.

2-45 H