A Not-for-Profit permit as provided in IC 14-6-3-1(b) shall be issued to the City of Angola's Park Department.
FINDINGS OF FACT
1. On May 18, 1988 the City of Angola (the "Claimant") petitioned for administrative review when its request for a Not-for-profit permit for its summer parks program was denied.
2. IC 4-21.5 and IC 14-6 apply to this proceeding.
3. The Department of Natural Resources (the "Department") is an agency as the term is defined in IC 4-21.5. The Natural Resources Commission (the "Commission") is the ultimate authority of the Department with respect to this proceeding.
4. The Commission has jurisdiction over the subject matter and parties to this proceeding.
5. The Claimant is a municipal corporation and its Parks Department runs a summer program for children between the ages of 6 and 16. In the past, the program has utilized Pokagon State Park two to three times a week for swimming and trips to the nature center. In order to gain entry into the parks a fee of $.50 per child per visit has been charged. City of Angola v. DNR
6. A Not-for-Profit permit allows access to any Department of Natural Resources facility for all members of a qualified organization. Claimant sought such a permit in order to provide equal access to all children wanting to participate in its summer program.
7. IC 14-6-3-1(b) is the statute which allows for Not-for-Profit permits and provides as follows: (b) Upon application to the department of natural resources and the payment of an annual fee of one hundred dollars ($100), a not-for-profit organization composed primarily of persons less than seventeen (17) years of age shall be issued a permit for the admission of its members as a group into any facility of the department of natural resources. The permit shall be valid from June 1 through August 31 of the year in which it is issued.
8. Claimant was denied the permit on the grounds that it did not qualify as an appropriate entity under the statute in that Claimant is not a "not-for-profit organization composed primarily of person less than seventeen (17) years of age." The Department also maintains that the legislative intention behind the statute was to assist organizations such as the Boy Scouts, who possess a valid charter from a state or national office or have been recognized by the Secretary of State.
9. There is no question that Claimant is not a profit making entity and that its summer parks program benefits persons less than seventeen (17) years of age. As such, Claimant falls within the scope of IC 14-6-3-1(b).[FOOTNOTE 1]
10. A statute must be interpreted so to avoid "absurdity and hardship, and to favor public convenience." Lake County Beverage Co., Inc., v. 21st Amendment, Inc., 441 N.E. 2d 1008, 1014 (1982).
11. It makes little sense that children belonging to an organization with a valid state or national charter or one that has been registered with Secretary of State may be entitled to a Not-for-Profit permit, yet a municipal park board serving children through its own program are not so entitled. To require each child in the municipal park program to pay in order to have access to a state facility is surely adverse the legislative intention. City of Angola v. DNR
12. Claimant qualifies for a Not-for-Profit permit pursuant to IC 14-6-3-1(b).
FOOTNOTE
1. IC 14-6-3-1(b) also requires to applicant to pay an annual fee of $100. Claimant has stipulated that it is willing to pay that fee.