§ 74-2220. Rates and fees for services, facilities and commodities.

A.  The Commission may prescribe and collect reasonable rates and fees pursuant to the provisions of this section for the services, facilities and commodities rendered by all property of the Commission.

1.  The Commission may establish maximum rates for rooms at the state lodges and cabins, for recreational activities, for recreational vehicles and camping sites, and for community facilities under control of the Commission.  The method whereby the rates are determined shall be promulgated pursuant to Article I of the Administrative Procedures Act.  At least twenty (20) days prior to the adoption or approval of any rate changes by the Commission, the Department shall submit a copy of the proposed rates, for informational purposes, to the Governor, Speaker of the House of Representatives and President Pro Tempore of the Senate.  Any change in the rates during the year when the Legislature is not in session shall be reported in writing to the Governor, Speaker of the House of Representatives and President Pro Tempore of the Senate within five (5) business days of such Commission action.

2.  The Commission may establish maximum charges for all activities at state-owned golf courses.  The charges may vary among the different golf courses according to the practices of the golf industry.  The method whereby the maximum charges are determined shall be in accordance with rules promulgated pursuant to Article I of the Administrative Procedures Act.  At least twenty (20) days prior to the adoption or approval of any rate changes by the Commission, the Department shall submit a copy of such proposed charges, for informational purposes, to the Governor, Speaker of the House of Representatives and President Pro Tempore of the Senate.

3.  The Commission may establish entrance or day-use charges for the state park system.  All monies collected from entrance or day-use charges shall be used for the capital improvements at the state parks where the charges were collected.  The Commission may establish an annual pass for visitors.  The method whereby the maximum charges are determined, sold, and collected shall be in accordance with rules promulgated pursuant to Article I of the Administrative Procedures Act.  At least twenty (20) days prior to the adoption or approval of any rate changes by the Commission, the Department shall submit a copy of such proposed charges, for informational purposes, to the Governor, Speaker of the House of Representatives and President Pro Tempore of the Senate.

4.  Fees shall be promulgated pursuant to Article I of the Administrative Procedures Act.

5.  Fees may reflect the seasonal usage of the parks and facilities and for promotional purposes and goals.

B.  All fees, licenses and other charges shall be posted in a convenient place in each park.  Every person using any of the facilities in a park shall be charged the same fees, licenses and every other charge except:

1.  Residents of this state sixty-two (62) years of age and over and their spouses shall not be charged any admission fees for entrance into any state-owned and -operated park.  The Commission may promulgate rules establishing different fees for residents and nonresidents sixty-two (62) years of age and over.  Identification may be established by presentation of proof of age, residency, a state driver license, a state license for identification only, birth certificate or any other form of identification authorized by the Commission;

2.  Individuals who have been certified as totally disabled under state or federal law and their spouses shall be entitled to a fifty percent (50%) reduction of fees which apply to recreational use facilities;

3.  Children's groups, volunteer groups as specified by the Commission, or governmental entities that provide beneficial services at the facility for which the fee may be reduced or waived; and

4.  Special discount rates as authorized in this section may be waived for individuals who are members of a group being provided a special group rate as allowed by law.

C.  The failure to collect such fees, licenses and other charges shall subject an employee of the Commission to a fine of Twenty-five Dollars ($25.00) for each and every violation.

Added by Laws 2005, c. 363, § 21, eff. Nov. 1, 2005.  Amended by Laws 2007, c. 334, § 1, eff. July 1, 2007.