Administrative Rule Review Report  #AR11-011

Legislative Service Office

15-Mar-11

AGENCY: State Parks & Cultural Resources.

DATE SUBMITTED: March 10, 2011.

SUBJECT: Chapter 1, Aquatic Invasive Species and Chapter 1,

                                                         Amenities Fees

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY: W.S. 23-4-204 and W.S. 36-4-121(a)(xiv).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:    Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:  Both sets of rules were in response to recent legislation.  Chapter 1, Aquatic Invasive Species, adopts by reference Game and Fish rules setting the requirements for inspection, decontamination and quarantine of conveyances with respect to aquatic invasive species and setting the fees to be charged for the program.

Chapter 1, Amenities Fees, provides definitions of certain amenities the department may provide at state parks, historic sites, recreation areas and archeological areas.  The rules provide that the department shall collect a $5.00 daily fee for campsites with electrical connections, a $1.00 fee for three minutes of water service at shower sites and a $40.00 per night fee for use of a state provided camping structure.  The rules provide for an additional damage and cleaning deposit for use of state provided camping structures.  All amenities fees are in addition to other daily use and camping fees required by statute.

FINDINGS:  The rules appear to be within the scope of statutory and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Lynda Cook

Staff Attorney

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Dave Gruver

Assistant Director