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:

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

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

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

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department of environmental management in pursuance of its administrative duties and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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authenticated vouchers from the department of environmental management.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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showing the amounts collected and expended pursuant to this section.

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

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

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arrival to the facility.

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     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

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direct the department of environmental management to report receipts and disbursements

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annually to the general assembly.

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     This act would take effect upon passage.

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