State parks leases-legislative approval.

2015
STATE OF WYOMING
15LSO-0192
Numbered
2.1

SENATE FILE

NO.
SF0109

State parks leases-legislative approval.

Sponsored by:
Senator(s) Driskill, Christensen and Dockstader and Representative(s) Petroff

A BILL

for

AN ACT relating to state parks and cultural resources; requiring legislative approval for specified state parks leases; and providing for an effective date.

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

Section 1
.

W.S. 36
‑
4
‑
110, 36
‑
8
‑
304, 36
‑
8
‑
405 and 36
‑
8
‑
1001(f) are amended to read:

36
‑
4
‑
110
.

Power to lease or rent concessions.

(a)

Subject to subsection (b) of this section,

t
he department, in consultation with the commission, is empowered to lease, enter into contracts and assess fees for concessions, cabin sites, boat clubs, and other
services of all lawful kinds and nature on state outdoor recreation areas or facilities to persons, partnerships, and corporations for a valuable consideration upon such terms and conditions as the department deems fit and proper. Funds received by the department pursuant to this section shall be deposited and expended in accordance with W.S. 36
‑
4
‑
121(h).

(b)

Any
proposal
by the department
to enter into a lease
for a term of five (5) years or longer shall be forwarded to the joint travel, recreation, wildlife and cultural resources interim committee for review and recommendation.
The committee may prepare and submit recommendations to the legislature, including sponsoring legislation to authorize the lease.
The
department shall not
enter into any
lease
for

a
term
of five (5) years or longer except upon specific legislative authorization.

Following the initial legislative authorization for the department to enter into a lease for a term of five (5) years or longer, the department may extend or renew the lease for a term not
longer than f
ive (5) years. Subsequent legislative authorization shall be required
for
the department to
exten
d
or renew
any lease
for a
n additional
term of five (5) years or longer.

36
‑
8
‑
304
.

Public baths and public campgrounds.

The department of state parks and cultural resources shall retain one
‑
fourth (1/4) of the water in the main or largest principal spring on the state land on the eastern bank of the Big Horn River with sufficient quantity of the land adjacent thereto, upon which suitable bathhouses may be constructed, which shall be open, with preference of use given free to persons who are indigent and suffering from ailments for which bathing in the waters of the Big Horn Hot Springs will afford relief. The department may make necessary rules and regulations governing free baths, the manner and time of bathing, and may require medical examination of applicants for baths. The bathhouse shall remain open not less than ten (10) hours a day each weekday and not less than six (6) hours on Sundays and holidays. The rules shall meet the minimum requirements of rules adopted by the department of agriculture governing public pools and spas. The department, in consultation with the commission, may set apart a suitable location and portion
of the lands for public camping purposes but may contract for operation of any campgrounds by competitive sealed bid. Should the department, in consultation with the commission, operate any campground within Hot Springs State Park, the charges per night shall not be less than one
‑
half (1/2) of the average charges imposed by private campground operators within a five (5) mile radius of the Hot Springs State Park. The balance of the water and lands may be leased by the department, in consultation with the commission
and subject to
W.S. 36
‑
4
‑
110(b)
,

for a term not less than five (5) years nor longer than ninety
‑
nine (99) years. The length of the term of each individual lease shall be determined by the department, in consultation with the commission, in accordance with the value of the improvements proposed and actually placed upon the leasehold. The department may by rule provide for special use permits for limited purposes. The department may make rules and regulations with respect to the erection of buildings and improvements upon the individual leaseholds and may prescribe the plans and specifications of, and the materials to be used in the buildings to be erected. The department, in consultation with the commission, in any lease may provide for such plans and buildings and such use
thereof as will best carry out the purposes of this chapter in retaining the lands and waters thereon for the treatment and cure of diseases and the pleasure of the general public. The department, in consultation with the commission, may conduct through pipes or otherwise any portion of the waters of the hot springs reserved for free use under this section and to provide baths and bathhouses for the use of the water at such rental or rates as it prescribes.

36
‑
8
‑
405
.

Lease of lands and improvements.

Subject to W.S. 36
‑
4
‑
110(b), t
he department, in consultation with the commission, may lease the lands and improvements referred to in W.S. 36
‑
8
‑
403 to any person, association, firm or corporation for any lawful purpose, for any term not in excess of ninety
‑
nine (99) years.

36
‑
8
‑
1001
.

Wyoming Territorial Prison state historic site.

(f)

Subject to W.S. 36
‑
4
‑
110(b), t
he department of state parks and cultural resources is authorized to enter
into leasehold or concession agreements in accordance with the plan provided by subsection (d) of this section. Funds received by the department pursuant to this section shall be deposited and expended in accordance with W.S. 36
‑
4
‑
121(h).

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
SF0109