2012 -- S 2630

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LC02101

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT - USER FEES

     Introduced By: Senators Sheehan, Sosnowski, Algiere, and Maher

     Date Introduced: March 01, 2012

     Referred To: Senate 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) Fifty percent (50%) of all user and concession fees received by the state shall be

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deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and

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concession fees to be received by the state shall be sixty-five percent (65%); for the year

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beginning July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and

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all years thereafter, one hundred percent (100%). The general revenue monies appropriated are

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hereby specifically dedicated to meeting the costs of development, renovation of, and acquisition

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

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recreation areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed

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four hundred thousand dollars ($400,000) annually. Notwithstanding the provisions of section 37-

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management is hereby authorized to accept any grant, devise, bequest, donation, gift, or

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assignment of money, bonds, or other valuable securities for deposit in the same manner as

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

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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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LC02101

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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 allow the host municipality to share in all beach parking fee receipts, not

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just daily parking fee receipts.

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     This act would take effect upon passage.

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LC02101

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