2017 -- H 5076

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LC000093

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT--STATE BEACH, PARK AND RECREATION AREA

USER FEES

     Introduced By: Representatives Lancia, Solomon, Chippendale, Mendonca, and
Quattrocchi

     Date Introduced: January 11, 2017

     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. User fees at state

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; provided, however, no user fee may

be charged for access to any state beach.

      (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 seventy-three percent (73%) retained

by the state and twenty-seven percent (27%) remitted to the municipality; provided, further, from

July 1, 2016, until October 1, 2016, the beach fees charged and collected under this subsection

shall be equal to those in effect on June 30, 2011. Further, purchasers of season passes between

May 14, 2016, and June 30, 2016, shall be eligible to receive a credit for the difference between

the amount of the July 1, 2016, fee and the amount originally paid. Said credits may be applied

against the purchase of a season pass in 2017.

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

deposited as general revenues. 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 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.

      (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--STATE BEACH, PARK AND RECREATION AREA

USER FEES

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     This act would eliminate all user fees for access to any state beach.

     This act would take effect upon passage.

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