State outdoor recreation areas and facilities-fees.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0180.E1

HOUSE BILL
NO.
HB0058

State outdoor recreation areas and facilities-fees.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to state outdoor recreation areas; authorizing the establishment of fees for state outdoor recreation areas by the department of state parks and cultural resources; providing criteria and requirements for the establishment of fees; providing for lifetime permits as specified; repealing statutorily set fees; authorizing the establishment of amenities and enhancements; providing for a continuous appropriation of fees; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 36
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121(a)(intro), by creating new paragraphs (xiii) through (xv), by amending and renumbering (xiii) and (xiv) as (xvi) and (xvii), (b), (c), (e), (h), (j), (k) (n), (o) and by creating a new subsection (q), 36
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123(a)(intro) and 36
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1002(d) are amended to read:

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121.

Permits to use outdoor recreation areas and facilities.

(a)

The department of state parks and cultural resources shall offer for sale permits that allow use of
the state parks, recreation areas, archeological sites and historic sites. Daily use permits shall be required at Glendo, Guernsey, Curt Gowdy, Edness Kimball Wilkins, Buffalo Bill, Boysen, Seminoe and Keyhole state parks and Fort Bridger, South Pass City, Trail End, Fort Fetterman and Fort Phil Kearney state historic sites, and Hawk Springs state recreation area
outdoor recreation areas and facilities
.
There shall be no daily use fees established at Bear River or Hot Springs State parks.
The department may establish voluntary pay stations at Bear River and Hot Springs state parks to allow users of those parks to make voluntary contributions for the use of the state parks. Persons who enter or use Bear River or Hot Springs state park without paying daily use fees shall not be subject to the penalties provided for in subsection (j) of this section.
Overnight camping permits shall be required at Boysen, Buffalo Bill, Curt Gowdy, Glendo, Guernsey, Keyhole, Seminoe and Sinks Canyon state parks, Connor Battlefield state historic site, Medicine Lodge state archeological site and Hawk Springs state recreation area by the department during the entire calendar year.
Except
for
as otherwise provided in this section, including
the
lifetime permit issued without cost pursuant to subsection (n) of this section,
the cost of the permits authorized under this section shall be
the department is authorized to establish daily, overnight and annual permit fees by rule and regulation annually. The permit fees may be established to allow the use of all
outdoor recreation areas and facilities,
any specified
outdoor recreation area or facility
, or any combination thereof.

The department shall maintain records sufficient to support the fees charged and shall establish fees in accordance with the following
:

(xiii)

Fees shall be established by rule promulgated in accordance with the Wyoming Administrative Procedure Act and approved by the commission. In addition to all requirements for rulemaking pursuant to the Wyoming Administrative Procedure Act, prior to setting or altering fees under this subsection by rule and regulation the department shall conduct a public meeting in each community with a population greater than three thousand (3,000) residents and located within thirty (30) miles of an outdoor recreation area or facility in which fees are set or altered. The public meeting under this paragraph may be held for purposes including, but not limited to, information distribution, soliciting community input and assessment of local needs and uses of the outdoor recreation area or facility. Notice for a public meeting under this paragrah shall be provided in accordance with W.S. 16
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103(a)(ii). Upon receipt of notice from the department of its intent to adopt rules pursuant to this subsection, the legislative service office shall give notice to the joint travel, recreation, wildlife and cultural resources interim committee;

(xiv)

Fees shall be reviewed at least annually by the department and the commission. An annual report shall be submitted to the joint travel, recreation, wildlife and cultural resources interim committee;

(xv)

Fees shall be established in amounts based on an economic analysis which shall consider, at least, the following criteria:

(A)

Data regarding fees established for similar
outdoor recreation areas and facilities
in contiguous states;

(B)

The cost of access to
outdoor recreation areas and facilities
;

(C)

Parameters within which the department can be responsive to changing resource conditions and market demand;

(D)

The operation and maintenance costs of
outdoor recreation areas and facilities;

(E)

Public input from prior public meetings conducted pursuant to paragraph (xiii) of this subsection.

(xiii)
(xvi)

Upon written request of a group sponsoring a special event or upon the department's sponsorship of a special event, the director of the department may,
with the approval of
after informing
the parks and cultural resources commission, waive any fees
required under
established pursuant to
this subsection. A fee which may exceed the
daily use
permit fee
specified in this section
provided by rule
may
be charged for entry to special events. Holders of annual
bucking horse daily or overnight
permits may be charged the special event fee. A special event fee may be charged at any
park, area or site
outdoor recreation area or facility
under the jurisdiction of the department, regardless of whether a daily use fee has been established by
law
rule
;

(xiv)
(xvii)

Fees may be w
aived
for
by

the
following:
department with the approval of the commission.

(A)

Persons needing to pass through a state park or historic site to access private property shall be exempt from the entrance permit requirements of this section;

(B)

Persons needing access to a state park or historic site to conduct official business or only to access a private commercial business without further use of the state park or historic site shall be exempt from the entrance permit requirements of this section;

(C)

School groups on school sanctioned events including events sanctioned by educational programs defined under W.S. 21
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101(a)(iii), (iv) and (v), and residents and staff of publicly owned homes or institutions while on official agency functions shall be exempt from the entrance permit requirements of this section;

(D)

Not for profit groups or organizations needing access to a state park or historic site

to provide volunteer assistance or services that have been previously agreed upon by the department of state parks and cultural resources shall be exempt from the permit requirements of this section.

(b)

Any holder of an annual
bucking horse entrance permit or an annual resident or nonresident overnight camping
permit may obtain additional
vehicle annual bucking horse entrance permits or additional vehicle annual overnight camping
permits from the department or any selling agent of the department upon payment of the
established

fee
,

prescribed under paragraph (a)(vii) or (viii) of this section, as applicable, and
upon submission of proof satisfactory to the department that an original annual permit was purchased and that the additional vehicle is registered in the same name as the vehicle for which the original annual permit is obtained, or that the additional vehicle is operated by the person who purchased the original annual permit or a member of his family under duly granted authority from his employer. The director shall determine the validity of the authority of an applicant to operate an employer-owned vehicle prior to issuance of an additional vehicle permit for that vehicle under this section. Any vehicle in tow by another vehicle owned by the same person shall be considered a single vehicle for purposes of this section and only a single annual
bucking horse daily use
permit
or fee

shall be required for entrance at
state parks
outdoor recreation areas and facilities
and a single annual
overnight camping
permit
or fee

shall be required for overnight camping at
state parks
outdoor recreation areas and facilities
.

(c)

If an annual
bucking horse daily use permit or an annual resident or nonresident overnight camping
permit is lost, mutilated or destroyed, the holder of the permit may obtain a duplicate annual permit from the department or any selling agent of the department upon filing an affidavit showing the loss, mutilation or destruction of the original permit and upon payment of the fee imposed
under paragraph (a)(ix) or (x) of this section
by rule
, as applicable.

(e)

The department through the division of state parks and historic sites shall in accordance with W.S. 36
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123, appoint selling agents to sell
bucking horse
permits authorized under this section. Each appointed selling agent shall retain
up to
ten percent (10%)
as established by rule of the department under subsection (a) of this section
of the
cost
selling price
of each permit sold under this section as his
sales commission. Designated department employees may sell
annual bucking horse daily use permits and other
permits
required by this section
but
no employee of the department shall receive any commission on permits sold.

(h)

The funds received by the department from the sale of the permits shall be deposited in
a capital construction account within the enterprise fund
and are continuously appropriated to
and may be expended by the
division
department
for capital construction projects
, major maintenance
and site interpretation such as exhibits, signage and displays
.
as approved by the legislature.

(j)

Any person using
state parks, recreation areas and historic sites
any
outdoor recreation area or facility
and failing to obtain a
bucking horse
permit
or the other permits
or pay the fee

required
by
pursuant to

this section and any person otherwise violating this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

(k)

The department of state parks and cultural resources is authorized to contract with the town of Ranchester to implement a fee collection program at Connor Battlefield state historic site and to provide for park maintenance and operation. Notwithstanding subsection
(h)
of this section, fees collected
pursuant to paragraphs (a)(ii) and (v) of this section
for overnight camping at Connor Battlefield state historic site shall be deposited into a separate account
within the earmarked revenue fund
and
are continuously appropriated to and

may be expended by the department pursuant to contracts entered into under this subsection.

(n)

Any resident disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran's affairs
and any resident person who is permanently and totally disabled as defined by 42 U.S.C.
§
1382c

may apply to the department for a lifetime
bucking horse
permit authorizing the use of
state parks,
outdoor

recreation areas,
archeological sites
and
historic sites
facilities
without payment of any daily use, overnight or other fee authorized to be charged pursuant to this section. Only one (1) permit shall be issued to any qualified applicant under this subsection and shall be valid for the applicant and for all occupants of the applicant's vehicle. In addition to information and other application procedural requirements prescribed by rule and regulation of the department, application for the lifetime permit shall include proof of residency and certification of the service connected disability

or the qualifying disability, as applicable
. The lifetime permit is valid as long as the holder is a Wyoming resident. A permit under this subsection shall be issued to an eligible applicant without the imposition of a fee.

(o)

The department is authorized to sponsor special events and to contract with groups sponsoring special events at
state parks,
outdoor

recreation areas
, archeological sites or historic sites

and facilities
. A special event fee may be charged as provided
in paragraph
(a)(xiii)
(a)(xvi)
of this section
.
The special event fee need not be established by rule.

All funds received from special events sponsored
or approved

by the department shall be deposited in
a

special events
enterprise

account
.

within the enterprise fund.
The funds deposited within the account are continuously appropriated to and may be expended by the department to conduct special events directly or pursuant to contracts entered under this subsection.

(q)

The department is authorized to develop additional amenities and enhancements at existing
outdoor recreation areas and facilities
. The department may impose a fee for the use of any amenity or enhancement in excess of fees charged for admission to the
outdoor recreation area or facility
, to fund the cost of the amenity or enhancement authorized under this section. Fees under this subsection shall be established in an amount to ensure that, to the extent practicable, the revenue generated from the additional fee collected approximates the direct and indirect costs of maintaining and operating the amenity or enhancement. Fees collected pursuant to this subsection shall be deposited and expended in accordance with subsection (h) of this section.

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123.

Selling agents for registrations, licenses and permits.

(a)

The department of state parks and cultural resources through the division of parks and historic sites shall appoint selling agents to sell snowmobile registrations pursuant to W.S. 31
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402,
bucking horse
permits under W.S. 36
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121 and other licenses, registrations and permits for which the department may by law be
required
authorized

to issue and collect fees. Selling agents appointed under this section shall be bonded by the department, subject to the following:

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1002.

Transfer of lands; park administration; site administration; lease and contract agreements.

(d)

Notwithstanding any other provision of law, the department may impose an admissions fee in excess of fees charged for admissions to other
state parks and sites
outdoor recreation areas
and facilities
, to fund necessary expenses incurred for park and site development, operations and maintenance.
Notwithstanding W.S. 36
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121(h)
D
aily admission fees collected pursuant to this subsection shall be deposited
into a separate account within the earmarked revenue fund
and may be expended
by the department upon legislative appropriation
in accordance with W.S. 36
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121(h)
.

Section 2.
W.S. 36
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121(a)(i) through (xii) is repealed.

Section 3.
This act is effective July 1, 2005.

(END)

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HB0058