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LAWS OF DELAWARE

VOLUME 83

CHAPTER 182

151st GENERAL ASSEMBLY

FORMERLY

SENATE BILL NO. 92

 

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO STATE PARKS.

 

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

Section 1. Amend § 4701, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4701. Powers and duties.

(a) The Department of Natural Resources and Environmental Control may do all of the following:

(5)a. Establish and collect such user charges, which shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department for the use of the facilities and services it provides in areas it administers. The Department shall, in addition, establish and impose a schedule of fees for entrance to state parks and for surf fishing vehicles and snowmobiles on said lands, with the concurrence and approval of the General Assembly. The Secretary of the Department of Natural Resources and Environmental Control shall establish the period and areas on which park fees and user charges shall be imposed. The Secretary shall annually prepare a schedule of park entrance and surf fishing vehicle and snowmobile fees under this section and submit the same as part of the Department’s annual operating budget proposal. All of the fees collected under this section shall be deposited in the General Fund of this State and designated solely for park operations and maintenance; provided, however, that no fee shall be imposed on any recognized veteran’s service organization for the use of any state park or portion thereof for purposes of patriotic or memorial services, provided that advance written notification of not less than 15 days is given to the agency and does not conflict with other previously scheduled activities within the park.

f. A resident who is an active Delaware volunteer firefighter, an active Delaware volunteer emergency medical technician (EMT), or a life-member of a Delaware volunteer fire department is entitled to receive annually, without charge, either a surf fishing vehicle permit. permit or an annual permit to enter state parks and recreation areas. A firefighter, EMT, or life-member who volunteers in Delaware but lives out of state is entitled to receive annually, at the Delaware resident rate, either a surf fishing vehicle permit. permit or an annual permit to enter state parks and recreation areas.

1. “Active Delaware volunteer firefighter” means a person who is a member of a Delaware volunteer fire department and who responds to at least 20% of the department’s annual alarms and/or or crew calls as a nonpaid firefighter.

2. “Active volunteer emergency medical technician” or “EMT” means a person who is a member of a Delaware volunteer fire department or a Delaware volunteer ambulance company and who responds to at least 20% of the department’s or company’s annual emergency medical service calls as a nonpaid EMT, EMT-C, or EMT-P, as described in § 9701(11), (12), and (13) respectively of Title 16.

3. “Life-member of a Delaware volunteer fire department” means a person who is a member of a Delaware volunteer fire department and who has been awarded life membership status by that department.

4. To qualify without charge for a surf fishing vehicle permit or annual permit to enter state parks and recreation areas under this paragraph, the firefighter, EMT, or life-member must submit annually to the Department an original letter on official fire department or ambulance company letterhead, signed by the fire department’s or ambulance company’s president and authenticated by the president of the Delaware Volunteer Firefighter’s Association. The letter must explain how the person qualifies for a surf fishing vehicle permit or annual permit to enter state parks and recreation areas under this paragraph.

5. One surf fishing vehicle permit or annual permit to enter state parks and recreation areas may be issued annually to a vehicle registered to the qualifying active Delaware Volunteer Firefighter, active emergency medical technician (EMT), or life member in accordance with procedures established by the Department.

Section 2. This Act applies beginning with the 2021 annual state park and recreation area permit seasons.

 

Approved September 17, 2021