BILL NUMBER: SB 1127	CHAPTERED  07/18/08

	CHAPTER  141
	FILED WITH SECRETARY OF STATE  JULY 18, 2008
	APPROVED BY GOVERNOR  JULY 18, 2008
	PASSED THE SENATE  JUNE 30, 2008
	PASSED THE ASSEMBLY  JUNE 26, 2008
	AMENDED IN ASSEMBLY  JUNE 9, 2008

INTRODUCED BY   Senator Dutton
   (Coauthor: Senator Calderon)

                        JANUARY 28, 2008

   An act to amend Section 513 of the Public Resources Code, relating
to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1127, Dutton. State parks: cooperating associations.
   Existing law establishes, within the Resources Agency, the
Department of Parks and Recreation, which administers the state park
system within the state.
   Existing law authorizes the department, as a means of furthering
the interpretive and educational functions of the state park system,
to enter into agreements to act cooperatively with private nonprofit
scientific or historical associations engaged in educational or
interpretive work in state park system units.
   This bill, instead, would authorize the department to enter into
agreements with nonprofit cooperating associations, as defined, for
specified purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 513 of the Public Resources Code is amended to
read:
   513.  (a) The department, as a means of furthering the
interpretive and educational functions of the state park system, may
enter into an agreement to act cooperatively with a nonprofit
cooperating association engaged in educational or interpretive work
in a state park system unit, as the director may designate, whereby
the cooperating association would furnish educational and
interpretive materials, or educational and interpretive services, or
educational and interpretative materials and services, for sale to
the public.
   (b) Pursuant to Article 1 (commencing with Section 5080.02) of
Chapter 1.2 of Division 5, a concession may provide materials and
services that are intended to add to the convenience, enjoyment, and
safety of state park system visitors. A concession may also provide,
pursuant to this section, educational and interpretive materials and
services, as described in paragraphs (2) and (3) of subdivision (d),
with the approval of the department.
   (c) A cooperating association may provide, pursuant to this
section, noneducational and noninterpretive materials and services,
as described in paragraph (4) of subdivision (d), as part of its
cooperating association program with the approval of the department,
if the department is unable to obtain, through a good faith effort, a
concessionaire to provide those materials and services.
   (d) For purposes of this section, the following definitions apply:

   (1) "Cooperating association" means a corporation that meets all
of the following criteria:
   (A) The corporation is a nonprofit public benefit corporation,
organized pursuant to Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code.
   (B) The articles of incorporation of the corporation state that
the specific purpose of the corporation is to provide support for
educational and interpretive programs of the state park system, or
portions of the programs.
   (C) The corporation has a cooperating association program contract
with the department.
   (D) The corporation is in compliance with the department's
policies and guidelines regarding cooperating associations and has
obtained the department's approval for its educational and
interpretive materials and services.
   (2) "Educational and interpretive materials" include items that
promote visitor appreciation, understanding, and knowledge of
natural, cultural, and historic resources of the state park system,
including educational and interpretive gifts and souvenirs.
   (3) "Educational and interpretive services" include those
activities and programs that focus on natural, cultural, and historic
resources of the state park system and are not generally offered by
the department.
   (4) "Educational and interpretive materials and services" do not
include lodging, food service, horse and equipment rentals, camping
supplies, gifts and souvenirs, other than those described in
paragraph (2), transportation, except for equipment owned by the
department, recreational lessons, and the operation of specialized
facilities within a state park unit such as the theater at Hearst San
Simeon State Historic Monument and Old Town San Diego State Historic
Park, golf courses, and marinas.
   (e) The department, at its discretion, may provide the services of
department personnel and shall provide space, if available, for the
sale of cooperating association materials, services, or both, within
a state park unit.
   (f) Subject to rules and regulations that the director shall
adopt, all moneys collected by the cooperating association or
received by the department from the sale of cooperating association
materials, services, or both, provided by a cooperating association
shall be retained by or returned to the cooperating association for
use in the interpretive and educational programs of the state park
system unit that the cooperating association has been designated to
serve.