CHAPTER 413


98-H 8106
Enacted 7/21/98


A N     A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- USER FEES AT STATE BEACHES

Introduced By: Representatives Lally, Garvey, Kelley and Walter

Date Introduced : February 3, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-17.1-29 of the General Laws in Chapter 42-17.1 entitled "Department of Environmental Management [Effective until July 1, 1998.]" is hereby amended to read as follows:

42-17.1-29. User fees at state beaches, parks, and recreation areas. [Effective July 1, 1998.]. -- (a) The commissioner of environmental management in furtherance of his or her administrative duties and responsibilities may charge a user fee for any state beach, park, or recreational area under its jurisdiction, and fees for the use of any 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) The motor vehicle entrance or parking fee for a Rhode Island resident shall not exceed the sum of one dollar ($1.00) and for a non-Rhode Island resident shall not exceed the sum of four dollars ($4.00) at Lincoln Woods state park, Goddard park, Fort Adams state park, Colt state park, Burlingame picnic area, Beach Pond beach area, Arcadia Park swimming area or Pulaski state park. In addition, there shall be made available to Rhode Island residents for a fee not in excess of five dollars ($5.00) a season's pass for motor vehicle entrance or parking fees at the above listed facilities.

(d) An additional fee for camping and other special uses may be charged where appropriate. Rates so charged should be comparable to equivalent commercial facilities.

(e) All such fees shall be established by the director after a public hearing.

(f) All daily fees from beach parking, which shall also include fees charged and collected at Ninigret conservation area and Charlestown beachway, shall be shared with the municipality in which the facility is located on the basis of sixty percent (60%) retained by the state and forty percent (40%) remitted to the municipality. {DEL The municipality's annual share of these fees shall not exceed the following limitations: Charlestown, thirty-five thousand dollars ($35,000); Westerly, one hundred twenty-five thousand dollars ($125,000); Narragansett, one hundred thirty thousand dollars ($130,000); and South Kingstown, twenty thousand dollars ($20,000). DEL}

(g) One hundred percent (100%) of all user and concession fees received by the state shall be deposited as general revenues. The general revenue monies appropriated may be hereby specifically dedicated to meeting the costs of development and renovation by the director of recreation projects with an expected life of five (5) or more years, and acquisition by the director of state-owned recreation areas. Such projects shall include the purchase of vehicles and equipment and the repair of facilities which have a life expectancy of five (5) or more years and which are used exclusively for state-owned recreational areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed four hundred thousand dollars ($400,000) annually. Notwithstanding the provisions of section 37-1-1 or any other provision of the general laws, the director is hereby authorized to accept any grant, devise, bequest, donation, gift, or assignment of money, bonds, or other valuable securities for deposit as general revenues in the same manner as provided above for user and concession fees retained by the state.

SECTION 2. This act shall take effect upon passage.



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