1999 Montana Legislature

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HOUSE BILL NO. 317

INTRODUCED BY B. RANEY



A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING THE RECREATIONAL PARKS SYSTEM; REQUIRING THE IDENTIFICATION AND ACQUISITION OF PROPERTIES, PREFERABLY IN EASTERN MONTANA, THAT ARE SUITABLE FOR RECREATIONAL PARKS; ESTABLISHING CONDITIONS APPLICABLE TO RECREATIONAL PARKS, INCLUDING LIMITATIONS ON DEVELOPMENT; MAKING THE USE OF THE PARKS FREE TO MONTANA RESIDENTS; AND REQUIRING THE OPERATION AND MAINTENANCE OF RECREATIONAL PARKS BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS."



     WHEREAS, Montana citizens have incomes at nearly the lowest level in the country; and

     WHEREAS, a major reason many people choose to live in Montana is to enjoy outdoor recreational opportunities; and

     WHEREAS, outdoor recreational opportunities provided by the state are located primarily in western Montana; and

     WHEREAS, additional recreational opportunities are needed in eastern Montana.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     NEW SECTION.  Section 1.  Recreational park system expansion -- identification and acquisition -- definition -- elimination of resident user fee -- funding. (1) The fish, wildlife, and parks commission and the department of fish, wildlife, and parks shall, consistent with the authority granted in 87-1-209, identify and acquire, either by long-term lease or by purchase, suitable properties that may be designated and used as recreational parks. Emphasis must be on identifying and purchasing properties in eastern Montana.

     (2) As used in this section, "recreational park" means a park that is used primarily for day use and camping. Access may be by walking in, floating in, or driving in. Camping stays must be limited to not more than 7 days in any 30-day period.

     (3) The same limits on development applicable to primitive parks, as set out in 23-1-117, apply to a park that is designated as a recreational park.

     (4) In recognition of the right of Montana residents to use recreational parks without regard to their ability to pay, a Montana resident is not required to pay a user fee for the use of any park that is designated as a recreational park. A nonresident who wishes to use a recreational park may be required to pay the state park user fees chargeable under 23-1-105.

     (5) The department of fish, wildlife, and parks may share available funding with counties to create new county parks as recreational parks, but only if the parks meet the criteria of subsections (2) through (4) and are not existing county parks on October 1, 1999. Funding allocated for recreational parks may be used only for the purposes of this section.



     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 23, chapter 1, part 1, and the provisions of Title 23, chapter 1, part 1, apply to [section 1].

- END -




Latest Version of HB 317 (HB0317.01)
Processed for the Web on January 18, 1999 (12:23PM)

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