Missouri Revised Statutes

Chapter 258
Outdoor Recreation

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Committees, councils and boards authorized--staffing by department.

258.010. 1. The department of natural resources shall be responsible for convening any committee, council, or board the department deems necessary or advisable in order for the department to perform any functions or duties related to state parks or historic sites, recreational trails, outdoor recreation, any federal grant program pursuant to chapters 253 and 258, any federal Land and Water Conservation Fund Act, 23 U.S.C. 206**, or any other law.

2. The department of natural resources shall provide all staff support and office space for any such bodies.

(L. 1965 p. 391 § 1, A.L. 1967 p. 367, A.L. 1973 H.B. 259, A.L. 1986 H.B. 1554 Revision, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

**Citation "28 U.S.C. 206" appears in original rolls.

Duties and functions of department.

258.060. The department of natural resources shall be:

(1) The official state agency for liaison with the federal bureau of outdoor recreation;

(2) The official state agency to receive and disburse federal funds available to this state for overall outdoor recreation planning and any recreational trails planning or programs;

(3) The official state agency to receive and allocate to the appropriate agency, or political subdivision, federal funds available for outdoor recreation or recreational trails programs; and

(4) Shall provide a forum for consideration of outdoor recreation problems affecting member agencies and as an advisory and planning agency for overall outdoor recreational programs. The department may provide information and advisory services for any political subdivision requesting its services.

(L. 1965 p. 391 § 6, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

Compensation, expenses of member agencies' representatives.

258.070. Representatives of any committee, council, or board convened by the department pursuant to section 258.010 shall not receive any additional compensation for their services, and all expenses of any agency representatives shall be paid by their respective agency.

(L. 1965 p. 391 § 7, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

Fund created--moneys appropriated, for what purposes--funds not torevert.

258.080. 1. There is hereby created in the state treasury for the use of the department of natural resources a fund to be known as "The Inter-Agency Council Fund". All federal moneys received by the state of Missouri from the Land and Water Conservation Fund Act of 1965, Public Law 88-578, shall be deposited in the fund.

2. Moneys deposited in the fund shall, upon appropriation by the general assembly to the department, be received and expended or allocated by the department for outdoor recreation for outdoor recreation planning, acquisition and development and for no other purposes; provided, however, that not less than fifty percent of the moneys appropriated shall be allocated by the department to political subdivisions of the state of Missouri, none of which moneys so allocated shall be expended for the improvement or operation of projects under the supervision or control of any state agency.

3. Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and, accordingly, shall be exempt from the provisions of section 33.080 relating to transfer of funds to the general revenue funds of the state by the state treasurer.

(L. 1965 p. 391 § 8, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

General assembly may appropriate funds for grants to parks.

258.083. The general assembly may appropriate funds to the department of natural resources for the purpose of making grants to local parks and related institutions, and the department shall administer and expend such funds in accordance with the terms of the appropriation.

(L. 1985 S.B. 282)

Trail, definition--immunity from civil liability for adjoininglandowners, when.

258.100. 1. As used in this section, the word "trail" means any land which was acquired or utilized by the state for use as a public hiking, biking or recreational trail or any land or interest therein acquired or utilized hereafter by a political subdivision for use as a public hiking, biking or recreational trail. However, a trail not acquired by the state must be designated by the governing body of the political subdivision as a greenway system of trails or part of a dedicated system of trails, the acquisition conveyance whether by deed, easement agreement, grant, assignment, or reservation of rights to the political subdivision must state the interest in the land is being granted for such purposes, the greenway system or dedicated system of trails must be designed exclusively for the purposes herein designated, and shall not include roads or streets, nor sidewalks, walkways or paths which are intended to connect neighborhoods for pedestrian traffic, such as common sidewalks or walkways.

2. Any person owning land adjoining the trail shall be immune from civil liability for injuries to person or property of persons trespassing or entering on such person's land without implied or expressed permission, invitation, or consent where:

(1) The person who was injured entered the land by way of the trail; and

(2) Such person was subsequently injured on lands adjoining the trail.

3. The immunity created by this section does not apply if the injuries were caused by:

(1) The intentional or unlawful act of the owner or possessor of such land; or

(2) The willful or wanton act of the owner or possessor of such land.

(L. 1990 H.B. 1669 § 1, A.L. 1993 S.B. 221, A.L. 1994 H.B. 1115, A.L. 2004 S.B. 810)

Limited liability for person owning land adjoining streams or rivers,when.

258.200. 1. Any person owning land adjoining navigable or nonnavigable free-flowing stream or river shall be immune from civil liability for injuries to persons* or property of persons trespassing or entering on such person's land without implied or expressed permission, invitation, or consent where:

(1) The person who was injured entered the land by way of the stream or river; and

(2) Such person was subsequently injured on lands adjoining the stream or river.

2. The immunity created by this section does not apply if the injuries were caused by:

(1) The intentional or unlawful act of the owner or possessor of such land; or

(2) The negligent, willful or wanton act of the owner or possessor of such land.

(L. 2000 H.B. 1097 § 258.110)

*Word "person" appears in original rolls.


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