S. B. No. 47 As Introduced

Senators Grendell, Padgett, Fingerhut, Brady, Dann, Fedor, Jordan, Mumper, Schuring, Wilson

A BILL

To amend section 1541.03 of the Revised Code to 1
prohibit the Division of Parks and Recreation in 2
the Department of Natural Resources from adopting 3
rules establishing a fee for parking a motor 4
vehicle in a state park or for admission to a 5
state park and to declare an emergency. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 1541.03 of the Revised Code be 7
amended to read as follows: 8

       Sec. 1541.03. All lands and waters dedicated and set apart 9
for state park purposes shall be under the control and management 10
of the division of parks and recreation, which shall protect, 11
maintain, and keep them in repair. The division shall have the 12
following powers over all such lands and waters: 13

       (A) To make alterations and improvements; 14

       (B) To construct and maintain dikes, wharves, landings, 15
docks, dams, and other works; 16

       (C) To construct and maintain roads and drives in, around, 17
upon, and to the lands and waters to make them conveniently 18
accessible and useful to the public; 19

       (D) ToExcept as otherwise provided in this section, to 20
adopt, amend, and rescind, in accordance with Chapter 119. of the 21
Revised Code, rules necessary for the proper management of state 22
parks, bodies of water, and the lands adjacent to them under its 23
jurisdiction and control, including the following: 24

       (1) Governing opening and closing times and dates of the 25
parks; 26

       (2) ~~Establishing fees and charges for admission to state~~ 27
~~parks and for use of facilities in them;~~ 28

       ~~(3)~~ Governing camps, camping, and fees for camps and camping; 29

       ~~(4)~~(3) Governing the application for and rental of, rental 30
fees for, and the use of cabins; 31

       ~~(5)~~(4) Relating to public use of state park lands, and 32
governing the operation of motor vehicles, including speeds, and 33
parking on those lands; 34

       ~~(6)~~(5) Governing all advertising within state parks and the 35
requirements for the operation of places selling tangible personal 36
property and control of food service sales on lands and waters 37
under the control of the division, which rules shall establish 38
uniform requirements; 39

       ~~(7)~~(6) Providing uniform standards relating to the size, 40
type, location, construction, and maintenance of structures and 41
devices used for fishing or moorage of watercraft, rowboats, 42
sailboats, and powercraft, as those terms are defined in section 43
1547.01 of the Revised Code, over waters under the control of the 44
division and establishing reasonable fees for the construction of 45
and annual use permits for those structures and devices; 46

       ~~(8)~~(7) Governing state beaches, swimming, inflatable devices, 47
and fees for them; 48

       ~~(9)~~(8) Governing the removal and disposition of any 49
watercraft, rowboat, sailboat, or powercraft, as those terms are 50
defined in section 1547.01 of the Revised Code, left unattended 51
for more than seven days on any lands or waters under the control 52
of the division; 53

       ~~(10)~~(9) Governing the establishment and collection of check 54
collection charges for checks that are returned to the division or 55
dishonored for any reason. 56

       The division shall not adopt rules establishing fees or 57
charges for parking a motor vehicle in a state park or for 58
admission to a state park. 59

       Every resident of this state with a disability that has been 60
determined by the veterans administration to be permanently and 61
totally disabling, who receives a pension or compensation from the 62
veterans administration, and who received an honorable discharge 63
from the armed forces of the United States, and every veteran to 64
whom the registrar of motor vehicles has issued a set of license 65
plates under section 4503.41 of the Revised Code, shall be exempt 66
from the fees for camping, provided that the resident or veteran 67
carries in the state park such evidence of the resident's or 68
veteran's disability as the chief of the division of parks and 69
recreation prescribes by rule. 70

       Every resident of this state who is sixty-five years of age 71
or older or who is permanently and totally disabled and who 72
furnishes evidence of that age or disability in a manner 73
prescribed by division rule shall be charged one-half of the 74
regular fee for camping, except on the weekends and holidays 75
designated by the division. Such a person shall not be charged 76
more than ninety per cent of the regular charges for state 77
recreational facilities, equipment, services, and food service 78
operations utilized by the person at any time of year, whether 79
maintained or operated by the state or leased for operation by 80
another entity. 81

       As used in this section, "food service operations" means 82
restaurants that are owned by the department of natural resources 83
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state 84
parks or are part of a state park lodge. "Food service operations" 85
does not include automatic vending machines, concession stands, or 86
snack bars. 87

       As used in this section, "prisoner of war" means any 88
regularly appointed, enrolled, enlisted, or inducted member of the 89
military forces of the United States who was captured, separated, 90
and incarcerated by an enemy of the United States. Any person who 91
has been a prisoner of war, was honorably discharged from the 92
military forces, and is a resident of this state is exempt from 93
the fees for camping. To claim this exemption, the person shall 94
present written evidence in the form of a record of separation, a 95
letter from one of the military forces of the United States, or 96
such other evidence as the chief prescribes by rule that satisfies 97
the eligibility criteria established by this section. 98

       Section 2. That existing section 1541.03 of the Revised Code 99
is hereby repealed. 100

       Section 3. This act is hereby declared to be an emergency 101
measure necessary for the immediate preservation of the public 102
peace, health, and safety. The reason for such necessity is to 103
ensure the uninterrupted access of the public to state parks for 104
purposes of personal health and fitness and enjoyment of the 105
state's natural resources and to prohibit the adoption of rules 106
that will impede such purposes. Therefore, this act shall go into 107
immediate effect. 108

Section 1. That section 1541.03 of the Revised Code be	7
amended to read as follows:	8

Sec. 1541.03. All lands and waters dedicated and set apart	9
for state park purposes shall be under the control and management	10
of the division of parks and recreation, which shall protect,	11
maintain, and keep them in repair. The division shall have the	12
following powers over all such lands and waters:	13

(B) To construct and maintain dikes, wharves, landings,	15
docks, dams, and other works;	16

(C) To construct and maintain roads and drives in, around,	17
upon, and to the lands and waters to make them conveniently	18
accessible and useful to the public;	19

(D) ToExcept as otherwise provided in this section, to	20
adopt, amend, and rescind, in accordance with Chapter 119. of the	21
Revised Code, rules necessary for the proper management of state	22
parks, bodies of water, and the lands adjacent to them under its	23
jurisdiction and control, including the following:	24

(1) Governing opening and closing times and dates of the	25
parks;	26

(2) ~~Establishing fees and charges for admission to state~~	27
~~parks and for use of facilities in them;~~	28

~~(4)~~(3) Governing the application for and rental of, rental	30
fees for, and the use of cabins;	31

~~(5)~~(4) Relating to public use of state park lands, and	32
governing the operation of motor vehicles, including speeds, and	33
parking on those lands;	34

~~(6)~~(5) Governing all advertising within state parks and the	35
requirements for the operation of places selling tangible personal	36
property and control of food service sales on lands and waters	37
under the control of the division, which rules shall establish	38
uniform requirements;	39

~~(7)~~(6) Providing uniform standards relating to the size,	40
type, location, construction, and maintenance of structures and	41
devices used for fishing or moorage of watercraft, rowboats,	42
sailboats, and powercraft, as those terms are defined in section	43
1547.01 of the Revised Code, over waters under the control of the	44
division and establishing reasonable fees for the construction of	45
and annual use permits for those structures and devices;	46

~~(8)~~(7) Governing state beaches, swimming, inflatable devices,	47
and fees for them;	48

~~(9)~~(8) Governing the removal and disposition of any	49
watercraft, rowboat, sailboat, or powercraft, as those terms are	50
defined in section 1547.01 of the Revised Code, left unattended	51
for more than seven days on any lands or waters under the control	52
of the division;	53

~~(10)~~(9) Governing the establishment and collection of check	54
collection charges for checks that are returned to the division or	55
dishonored for any reason.	56

The division shall not adopt rules establishing fees or	57
charges for parking a motor vehicle in a state park or for	58
admission to a state park.	59

Every resident of this state with a disability that has been	60
determined by the veterans administration to be permanently and	61
totally disabling, who receives a pension or compensation from the	62
veterans administration, and who received an honorable discharge	63
from the armed forces of the United States, and every veteran to	64
whom the registrar of motor vehicles has issued a set of license	65
plates under section 4503.41 of the Revised Code, shall be exempt	66
from the fees for camping, provided that the resident or veteran	67
carries in the state park such evidence of the resident's or	68
veteran's disability as the chief of the division of parks and	69
recreation prescribes by rule.	70

Every resident of this state who is sixty-five years of age	71
or older or who is permanently and totally disabled and who	72
furnishes evidence of that age or disability in a manner	73
prescribed by division rule shall be charged one-half of the	74
regular fee for camping, except on the weekends and holidays	75
designated by the division. Such a person shall not be charged	76
more than ninety per cent of the regular charges for state	77
recreational facilities, equipment, services, and food service	78
operations utilized by the person at any time of year, whether	79
maintained or operated by the state or leased for operation by	80
another entity.	81

As used in this section, "food service operations" means	82
restaurants that are owned by the department of natural resources	83
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	84
parks or are part of a state park lodge. "Food service operations"	85
does not include automatic vending machines, concession stands, or	86
snack bars.	87

As used in this section, "prisoner of war" means any	88
regularly appointed, enrolled, enlisted, or inducted member of the	89
military forces of the United States who was captured, separated,	90
and incarcerated by an enemy of the United States. Any person who	91
has been a prisoner of war, was honorably discharged from the	92
military forces, and is a resident of this state is exempt from	93
the fees for camping. To claim this exemption, the person shall	94
present written evidence in the form of a record of separation, a	95
letter from one of the military forces of the United States, or	96
such other evidence as the chief prescribes by rule that satisfies	97
the eligibility criteria established by this section.	98

Section 2. That existing section 1541.03 of the Revised Code	99
is hereby repealed.	100

Section 3. This act is hereby declared to be an emergency	101
measure necessary for the immediate preservation of the public	102
peace, health, and safety. The reason for such necessity is to	103
ensure the uninterrupted access of the public to state parks for	104
purposes of personal health and fitness and enjoyment of the	105
state's natural resources and to prohibit the adoption of rules	106
that will impede such purposes. Therefore, this act shall go into	107
immediate effect.	108