2016 -- H 7721

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LC004940

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT -- USER FEES

     Introduced By: Representatives Lancia, Chippendale, Costa, Nardolillo, and Filippi

     Date Introduced: February 24, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled

"Department of Environmental Management" is hereby amended to read as follows:

     42-17.1-9.1. User fees at state beaches, parks, and recreation areas. -- (a) The

department of environmental management in pursuance of its administrative duties and

responsibilities may charge a user fee for any state beach, or recreational area under its

jurisdiction, and fees for the use of its services or facilities.

      (b) The fee may be on a daily or annual basis, or both, and may be based on vehicle

parking or other appropriate means. The fees may recognize the contribution of Rhode Island

taxpayers to support the facilities in relation to other users of the state's facilities. The fee

structure may acknowledge the need to provide for all people, regardless of circumstances.

      (c) An additional fee for camping and other special uses may be charged where

appropriate. Rates so charged should be comparable to equivalent commercial facilities.

      (d) All such fees shall be established after a public hearing.

      (e) All daily fees from beach parking, which shall also include fees charged and

collected at Ninigret conservation area and Charlestown breachway, shall be shared with the

municipality in which the facility is located on the basis of eighty-four percent (84%) retained by

the state and sixteen percent (16%) remitted to the municipality.

      (f)(1) There is created within the general fund a restricted receipt account to be known as

the "beach fee account". All funds in the account shall be utilized by the department of

environmental management to effectuate the provisions of §42-17.1-9.1(f)(2). The general

treasurer is authorized and directed to draw their orders on the account upon receipt of properly

authenticated vouchers from the department of environmental management.

     (2) Fifty percent (50%) of all All user and concession fees received by the state shall be

deposited as general revenues. to the beach fee account For the year beginning July 1, 1979, the

proportion of user and concession fees to be received by the state shall be sixty-five percent

(65%); for the year beginning July 1, 1980, eighty-five percent (85%); and for the year beginning

July 1, 1981, and all years thereafter, one hundred percent (100%). The general revenue monies

appropriated are hereby and specifically dedicated to meeting the costs of development,

renovation of, and acquisition of state-owned recreation areas and for regular maintenance, repair

and operation of state owned recreation areas. Purchases of vehicles and equipment and repairs to

facilities shall not exceed four hundred thousand dollars ($400,000) annually. Notwithstanding

the provisions of § 37-1-1 or any other provision of the general laws, the director of the

department of environmental management is hereby authorized to accept any grant, devise,

bequest, donation, gift, or assignment of money, bonds, or other valuable securities for deposit in

the same manner as provided above for user and concession fees retained by the state.

     (3) The department shall prepare and deliver to the general assembly an annual report

showing the amounts collected and expended pursuant to this section.

     (g) No fee shall be charged to any school or other nonprofit organization provided that a

representative of the school or other organization gives written notice of the date and time of their

arrival to the facility.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT -- USER FEES

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     This act would establish a restricted receipt account for beach and park user fees, and

direct the department of environmental management to report receipts and disbursements

annually to the general assembly.

     This act would take effect upon passage.

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