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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
566
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
THE
STATE
TRUST
FOR
OUTDOOR
RECREATION
ENHANCEMENT;
PROVIDING
2
LEGISLATIVE
INTENT;
REPEALING
SECTION
67
-
4245,
IDAHO
CODE,
RELATING
TO
3
A
SHORT
TITLE;
REPEALING
SECTION
67
-
4246,
IDAHO
CODE,
RELATING
TO
LEG
-
4
ISLATIVE
INTENT;
REPEALING
SECTION
67
-
4247,
IDAHO
CODE,
RELATING
TO
THE
5
CREATION,
ADMINISTRATION,
AND
ELIGIBLE
RECIPIENTS
OF
THE
STATE
TRUST
6
FUND
FOR
OUTDOOR
RECREATION
ENHANCEMENT;
REPEALING
SECTION
67
-
4248,
7
IDAHO
CODE,
RELATING
TO
MANAGEMENT
OF
FUNDED
PROJECTS
AND
LANDS;
RE
-
8
PEALING
SECTION
67
-
4249,
IDAHO
CODE,
RELATING
TO
PROMULGATION
OF
RULES
9
RELATED
TO
THE
STATE
TRUST
FOR
OUTDOOR
RECREATION
ENHANCEMENT;
AMENDING
10
SECTION
67
-
4223,
IDAHO
CODE,
TO
REMOVE
A
REFERENCE
TO
THE
STATE
TRUST
1
1
FOR
OUTDOOR
RECREATION
ENHANCEMENT
FUND;
AND
DECLARING
AN
EMERGENCY
AND
12
PROVIDING
AN
EFFECTIVE
DATE.
13
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
14
SECTION
1.
IDAHO
CODE
CLEANUP
-
-
LEGISLATIVE
INTENT.
It
is
the
intent
15
of
the
Legislature
to
ensure
that
the
state
laws
provided
in
Idaho
Code
are
16
streamlined,
up
-
to
-
date,
and
essential
for
the
citizens
of
Idaho,
while
best
17
serving
the
public
health,
safety,
and
welfare.
In
accordance
with
the
Idaho
18
Code
Cleanup
Act,
following
comprehensive
review,
the
Legislature
has
iden
-
19
tified
the
provisions
of
this
act
as
obsolete,
outdated,
or
unnecessary.
20
SECTION
2.
That
Section
67
-
4245
,
Idaho
Code,
be,
and
the
same
is
hereby
21
repealed.
22
SECTION
3.
That
Section
67
-
4246
,
Idaho
Code,
be,
and
the
same
is
hereby
23
repealed.
24
SECTION
4.
That
Section
67
-
4247
,
Idaho
Code,
be,
and
the
same
is
hereby
25
repealed.
26
SECTION
5.
That
Section
67
-
4248
,
Idaho
Code,
be,
and
the
same
is
hereby
27
repealed.
28
SECTION
6.
That
Section
67
-
4249
,
Idaho
Code,
be,
and
the
same
is
hereby
29
repealed.
30
SECTION
7.
That
Section
67
-
4223,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
67
-
4223.
POWERS
OF
BOARD.
The
park
and
recreation
board
shall:
33
(1)
Adopt,
amend
or
rescind
rules
as
may
be
necessary
for
the
proper
ad
-
34
ministration
of
the
provisions
of
section
67
-
4218,
et
seq.,
Idaho
Code,
and
35
the
use
and
protection
of
park
and
recreational
areas
subject
to
its
juris
-
36
diction.
A
violation
of
any
rule
promulgated
by
the
board
pursuant
to
this
37
2
provision
that
concerns
the
use
and
protection
of
park
and
recreation
areas
1
is
an
infraction.
2
(2)
Make
expenditures
for
the
acquisition,
leasing,
care,
control,
3
supervision,
improvement,
development,
extension
and
maintenance
of
all
4
lands
under
the
control
of
the
department
and
to
make
arrangements,
agree
-
5
ments,
contracts
or
commitments,
which
may
or
may
not
involve
expenditures
6
or
transfer
of
funds,
with
the
head
of
any
state
institution,
department
or
7
agency
for
the
improvement
or
development
of
lands
or
properties
under
the
8
control
of
the
board,
or
any
other
department
or
agency
of
the
state
of
Idaho.
9
(3)
Appoint
advisory,
local
and
regional
park
and
recreational
coun
-
10
cils,
to
consider,
study
and
advise
in
the
work
of
the
department
for
the
ex
-
1
1
tension,
development,
use
and
maintenance
of
any
areas
which
are
to
be
con
-
12
sidered
as
future
park
or
recreational
sites
or
which
are
designated
as
park
13
recreational
areas.
14
(4)
Appoint
a
six
(6)
member
recreational
vehicle
advisory
committee,
15
who
shall
be
compensated
as
provided
in
section
59
-
509(f),
Idaho
Code,
and
16
act
in
an
advisory
capacity
to
the
board
on
matters
relating
to
the
devel
-
17
opment
and
improvement
of
recreational
vehicle
related
facilities
and
ser
-
18
vices
as
provided
in
subsection
(5)
of
this
section.
Each
member
of
the
ad
-
19
visory
committee
shall
be
representative
of
recreational
vehicle
users
with
20
one
(1)
from
each
of
the
districts
described
in
section
67
-
4221,
Idaho
Code.
21
The
terms
of
appointment
shall
be
three
(3)
years,
except
that
the
initial
22
appointees
shall
commence
on
the
date
of
appointment
and
shall
be
of
stag
-
23
gered
lengths
so
that
the
term
of
two
(2)
members
will
expire
annually.
24
(5)
Administer
the
funds
derived
from
the
state
recreational
vehicle
25
fund
established
in
section
49
-
448,
Idaho
Code,
to
provide
financial
assis
-
26
tance
in
the
form
of
grants
to
public
entities
for
the
acquisition,
lease,
27
development,
improvement,
operations
and
maintenance
of
facilities
and
ser
-
28
vices
designed
to
promote
the
health,
safety
and
enjoyment
of
recreational
29
vehicle
users.
Up
to
fifteen
percent
(15%)
of
the
recreational
vehicle
fund
30
generated
each
year
may
be
used
by
the
department
to
defray
recreational
ve
-
31
hicle
program
administrative
costs.
Any
moneys
unused
at
the
end
of
the
fis
-
32
cal
year
shall
be
returned
to
the
state
treasurer
for
deposit
in
the
recre
-
33
ational
vehicle
fund.
34
(6)
Cooperate
with
the
United
States
and
its
agencies
and
local
gov
-
35
ernments
of
the
state
for
the
purpose
of
acquiring,
leasing,
supervising,
36
improving,
developing,
extending
or
maintaining
lands
which
are
designated
37
as
state
parks,
state
monuments
or
state
recreational
areas
and
to
secure
38
agreements
or
contracts
with
the
United
States
and
its
agencies
or
local
39
governments
of
the
state
for
the
accomplishment
of
the
purposes
of
section
40
67
-
4218,
et
seq.,
Idaho
Code.
41
(7)
Construct,
lease
or
otherwise
establish
public
park
or
recre
-
42
ational
privileges,
facilities
and
conveniences
and
to
operate
said
recre
-
43
ational
services
and
to
make
and
collect
reasonable
charges
for
their
use
or
44
to
enter
into
contracts
for
their
operation.
The
board
may
discount
fees
in
45
order
to
offer
use
incentives
to
generate
additional
revenue
for
operation
46
of
the
state
park
system.
The
net
proceeds
derived
shall
be
credited
to
the
47
park
and
recreation
fund
established
in
section
67
-
4225,
Idaho
Code,
and
are
48
hereby
specifically
appropriated
to
defray
the
cost
of
the
public
park
or
49
recreational
services.
The
department
is
specifically
authorized
to
enter
50
3
into
contracts
with
the
United
States
and
its
agencies
which
require
that
the
1
state
expend
any
excess
of
revenue
above
expenses
for
improvements
of
the
2
recreational
or
park
area
from
which
the
excess
was
derived.
3
(a)
The
board
may
provide
for
waiver
of
fees
to
any
resident
of
Idaho
4
who
is
a
disabled
veteran
and
whose
disability
is
rated
at
one
hundred
5
percent
(100%)
or
higher,
permanent
and
total.
6
(b)
The
board
may
provide
for
a
reduction
of
no
more
than
fifty
percent
7
(50%)
of
the
fee
charged
for
recreational
vehicle
camping,
effec
-
8
tive
Monday
night
through
Thursday
night,
for
any
senior
citizen
who
9
possesses
a
valid
federal
"golden
age
passport"
or
other
equivalent
10
successor,
as
issued
by
a
federally
operated
facility
where
an
entrance
1
1
fee
is
charged.
12
(c)
If
any
state
recognizes
senior
citizens
by
offering
a
special
park
13
pass
for
use
in
that
state,
the
board
may
provide
for
a
reduction
of
no
14
more
than
fifty
percent
(50%)
of
the
fee
charged
for
recreational
ve
-
15
hicle
camping,
effective
Monday
night
through
Thursday
night,
for
any
16
person
who
possesses
such
a
state
park
pass.
17
(d)
Nonresident
fees
for
camping
must
be
substantially
double
the
same
18
camping
fees
charged
to
residents
at
no
fewer
than
five
(5)
state
parks
19
by
January
1,
2022.
Nonresident
entry
fees
must
be
substantially
double
20
the
same
entry
fees
charged
to
residents
at
no
fewer
than
five
(5)
state
21
parks
by
January
1,
2022.
A
single
park
may
have
more
than
one
(1)
non
-
22
resident
fee
substantially
doubled.
Other
than
previously
made
reser
-
23
vations
as
of
the
effective
date
of
this
act,
the
minimum
number
of
sub
-
24
stantially
doubled
nonresident
fees
referenced
in
this
paragraph
must
25
be
in
place
by
January
1,
2022.
The
board
has
the
authority
to
increase
26
fees
for
nonresidents
beyond
the
fee
caps
established
in
the
Idaho
ad
-
27
ministrative
code
and
other
fees
may
also
be
increased
for
nonresidents
28
if
allowed
by
law
and
preexisting
contractual
obligations.
Nothing
in
29
this
paragraph
limits
the
amounts
or
types
of
fees
the
board
may
charge
30
nonresidents.
31
(8)
Prepare,
maintain
and
keep
up
to
date
a
comprehensive
plan
for
the
32
provision
of
the
outdoor
recreational
resources
of
the
state;
to
develop,
33
operate
and
maintain
or
enter
into
leases
or
agreements
with
local
govern
-
34
ments
for
the
operation
and
maintenance
of
outdoor
recreational
areas
and
35
facilities
of
the
state,
and
to
acquire
lands,
waters
and
interests
in
lands
36
and
waters
for
such
areas
and
facilities.
37
(9)
Apply
to
any
appropriate
agency
or
officer
of
the
United
States
for
38
participation
by
the
department
or
a
political
subdivision
of
the
state
or
39
the
receipt
of
aid
from
any
federal
program
respecting
outdoor
recreation.
40
It
may
enter
into
contracts
and
agreements
with
the
United
States
or
any
ap
-
41
propriate
agency
thereof,
keep
financial
and
other
records
relating
thereto
42
and
furnish
to
appropriate
officials
and
agencies
of
the
United
States
re
-
43
ports
and
information
as
may
be
reasonably
necessary
to
enable
officials
and
44
agencies
to
perform
their
duties
under
such
programs.
In
connection
with
ob
-
45
taining
the
benefits
of
any
program,
the
park
and
recreation
board
shall
co
-
46
ordinate
its
activities
with
and
represent
the
interests
of
all
agencies
and
47
subdivisions
of
the
state
having
interests
in
the
planning,
development
and
48
maintenance
of
outdoor
recreational
resources
and
facilities.
49
4
(10)
Obligate
the
state
regarding
the
responsible
management
of
any
1
federal
funds
transferred
to
it
for
the
purpose
of
any
federal
enactment
and,
2
in
accordance
with
the
exercise
of
this
responsibility,
the
state
hereby
3
consents
to
be
sued
in
any
United
States
district
court
for
the
recovery
4
of
any
federal
funds
that
the
responsible
federal
official,
department
or
5
agency
finds
have
been
misused
or
disposed
of
contrary
to
the
agreement
with
6
the
federal
official,
department
or
agency
or
contrary
to
the
provisions
of
7
federal
enactment
or
applicable
federal
regulations.
8
(11)
Cooperate
and
contract
with
and
receive
and
expend
aid,
donations
9
and
matching
funds
from
the
government
of
the
United
States,
receive
and
10
expend
funds
from
the
STORE
and
to
receive
and
expend
donations
from
other
1
1
sources
to
acquire,
develop,
operate
and
maintain
outdoor
recreational
ar
-
12
eas
and
facilities
of
the
state
and,
when
authorized
or
directed
by
any
act
13
of
congress
or
any
rule
or
regulation
of
any
agency
of
the
government
of
the
14
United
States,
to
expend
funds
donated
or
granted
to
the
state
of
Idaho
by
the
15
federal
government
for
such
purposes.
16
Provided
however,
the
park
and
recreation
board
shall
make
no
commit
-
17
ment
or
enter
into
any
agreement
pursuant
to
an
exercise
of
authority
un
-
18
der
section
67
-
4218,
et
seq.,
Idaho
Code,
until
it
has
determined
that
suf
-
19
ficient
funds
are
available
to
it
for
meeting
the
state's
share,
if
any,
of
20
project
costs.
It
is
legislative
intent
that,
to
the
extent
as
may
be
nec
-
21
essary
to
assure
the
proper
operation
and
maintenance
of
areas
and
facili
-
22
ties
acquired
or
developed
pursuant
to
any
program
participated
in
by
this
23
state
under
authority
of
section
67
-
4218,
et
seq.,
Idaho
Code,
such
areas
and
24
facilities
shall
be
publicly
maintained
for
outdoor
recreational
purposes.
25
The
park
and
recreation
board
may
enter
into
and
administer
agreements
with
26
the
United
States
or
any
appropriate
agency
thereof
for
planning,
acquisi
-
27
tion
and
development
projects
involving
participating
federal
-
aid
funds
or
28
state
funds
on
behalf
of
any
subdivision
or
subdivisions
of
this
state.
Pro
-
29
vided,
that
the
subdivision
or
subdivisions
give
necessary
assurances
to
the
30
park
and
recreation
board
that
they
have
available
sufficient
funds
to
meet
31
their
shares,
if
any,
of
the
cost
of
the
project
and
that
the
acquired
or
de
-
32
veloped
areas
will
be
operated
and
maintained
at
the
expense
of
the
subdivi
-
33
sion
or
subdivisions
for
public
outdoor
recreational
use.
34
(12)
Establish,
develop,
supervise
and
maintain
through
cooperative
35
agreement,
lease,
purchase
or
other
arrangement
the
Idaho
recreation
trail
36
system,
with
the
advice
of
the
coordinator
created
in
section
67
-
4233,
Idaho
37
Code,
and
consistent
with
the
goals
of
recreation,
transportation
and
public
38
access
to
outdoor
areas.
39
(13)
Enter
into
agreements
with
cities,
counties,
recreation
districts
40
or
other
political
subdivisions
of
the
state
to
cost
-
effectively
provide
41
recreational
facilities,
opportunities
and
services
to
the
citizens
of
the
42
state.
43
(14)
Have
the
authority
to
regulate
firearm
discharges
in
state
parks
44
for
the
protection
of
the
public.
However,
this
subsection
shall
not
apply
45
to
or
affect
a
person
discharging
a
firearm
in
the
lawful
defense
of
person,
46
persons
or
property
or
to
a
person
discharging
a
firearm
in
the
course
of
law
-
47
ful
hunting.
The
possession
or
carrying
of
firearms
is
otherwise
regulated
48
by
chapter
33,
title
18,
Idaho
Code.
49
5
(15)
Enter
into
agreements
with
private,
nonprofit
public
benefit
1
corporations
and
other
persons,
corporations
and
entities,
as
may
be
appro
-
2
priate,
to
assist
the
department
in
its
efforts
to
secure
long
-
term
funding
3
sources
for
the
state
park
and
recreation
system
to
ensure
state
parks
are
4
preserved
and
open
for
public
use
and
enjoyment.
Such
agreements
may
in
-
5
clude,
but
shall
not
be
limited
to,
memberships,
corporate
and
individual
6
sponsorships,
the
sale
of
advertising,
and
marketing
agreements
to
fund
or
7
promote,
in
whole
or
in
part,
state
park
and
recreation
events,
programs
and
8
facilities.
The
board
may
encourage
sponsorships
by
providing
appropri
-
9
ate
recognition
to
sponsors
consistent
with
the
mission
of
the
department
10
of
parks
and
recreation
as
set
forth
in
section
67
-
4219,
Idaho
Code.
All
1
1
revenue
received
from
such
agreements
shall
be
deposited
into
the
park
and
12
recreation
fund
pursuant
to
section
67
-
4225,
Idaho
Code.
13
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
14
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
15
July
1,
2026.
16