AB 385 — Provides for the issuance of free annual permits to fifth graders to enter state parks and recreational areas. (BDR 35-656)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2017) FIRST REPRINT A.B.

385385–Assemblymen AYeager, SSEMBLYAraujo, BMcCurdy ILLII, NOWatkins, .Diaz;

385–ABenitez-Thompson, SSEMBLYMENFlores, YEAGERJauregui ,and AJoiner RAUJOJoint ,Sponsors: M CC URDY II, W ATKINS , D IAZ ;

BSenators ENITEZ-THOMPSONCannizzaro ,and FLORESCancela ,CHAPTER.......... AUREGUI AND JOINER M ARCH 20, 2017 ____________ JOINT SPONSORS :

ENATORS CANNIZZARO AND C ANCELA ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Provides for the issuance of free annual permits to fifth graders to enter state parks and recreational areas.

(BDR 35-656) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegExisting Counsel’slaw Digest:sets forth the general authority of the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to establish and maintain state parks and recreational areas in this State, including, without limitation, the authority to issue an annual permit to a person to enter, camp and boat in those state parks and recreational areas.

Existing(NRS law407.065) setsannual forthpermit, thefree general authority of thecharge, Administratorto ofenter theall Divisionstate ofparks Stateand Parksrecreational ofareas thein this State Departmentto ofany Conservationpupil andwho Naturalis including,enrolled withoutin limitation, the authorityfifth tograde issueat an annual permit to a personschool to enter, camp and boat in thosethis stateState. parks and recreational areas.

(NRSThe 407.065)program Thismust billinclude, requireswithout thelimitation, Administratorprovisions towhich establishspecify a program for the issuancecircumstances ofunder anwhich annuala permit,pupil free of charge, to enter all state parks and recreationalany areasperson inaccompanying thisa State to any pupil whomay isuse enrolled in the fifthannual gradepermit atto enter a schoolstate inpark thisor State.recreational area.

TheThis circumstancesbill underalso whichprovides athat pupilan andannual anypermit personissued accompanyingpursuant ato pupilthe mayprogram useauthorizes the annualholder permitof tothe enterauthorize camping, boating or attending special events at a state park or recreational area.area without paying a fee.

ThisEXPLANATION bill also provides that an annual permit issued pursuant to the program authorizes the holder of the - *AB385_R1* – 2Matter –in permitbolded toitalics enteris anew; state park or recreational area free of charge, but does not area without paying a fee.

ormatter attendingbetween specialbrackets events[omitted atmaterial] ais statematerial parkto orbe recreationalomitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 79th Session (2017) – 2 – (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas.

The Administrator may appoint orore designate certain employees of the Division to have the general authority of peace officers.

(1) Upon application therefor and proof of residency and age, to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the ap(2) Upon application istherefor submitted.and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.

(2)¬ UponThe applicationpermit thereformust andbe proofissued ofwithout residencycharge, andexcept proofthat ofthe statusDivision asshall describedcharge inand subsectioncollect 5an ofadministrative NRSfee 361.091,for tothe aissuance bona fide resident of the Statepermit ofin Nevadaan whoamount hassufficient incurredto acover permanentthe service-connectedcosts disability of 10issuing percent or more and has been honorably discharged from the Armedpermit. Forces of the United States.

¬ The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the - *AB385_R1* – 3 – issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such termsconcessionaire andmay conditionsdominate asany thestate Divisionpark deemsoperation.oper, fitbut andno proper,(g) butMay noestablish concessionairesuch maycapital dominateprojects anyconstruction statefunds parkas operation.are necessary to account for the parks improvements program approved by the Legislature.

(g)The Maymoney establishin suchthese capitalfunds projectsmust constructionbe fundsused asfor arethe necessary- to79th accountSession for(2017) the– 3 – construction and improvement of those parks improvementswhich programare approvedunder bythe supervision of the Legislature.Administrator.

The(h) moneyIn addition to any concession specified in theseparagraph funds(f), mustmay beestablish usedconcessions forwithin the constructionboundaries of any state park to and improvementsouvenirs, ofand thoseother parkssuch whichrelated areitems underas the supervisionAdministrators, ofgifts thedetermines Administrator.are appropriately made available to visitors.

(h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors.

The program must:mus(a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;

(a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, - *AB385_R1* – 4 – without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;

not4. authorize the holder of the permit to engage in camping oroes boating, or to attend special events.

TheAn holderannual ofpermit suchissued apursuant permitto whosubsection wishes2 or 3 does not authorize the holder of the permit to engage in camping or boating,- or79th toSession attend(2017) special– events,4 must– payboating, anyor feeto establishedattend forspecial theevents. respective activity.

The holder of such a permit who must pay any fee established for the respective activity.ial events, [4.] 5.

Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

H~~~~~ 17 - *AB385_R1*79th Session (2017)