H-2669.1  _______________________________________________

                 SECOND SUBSTITUTE HOUSE BILL 1825

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Sump, Thompson, Pennington, Sheldon, DeBolt, Kessler and Hatfield)

Read first time 03/10/97.

Concerning the funding of the forest development account.

    AN ACT Relating to the forest development account; amending RCW 76.12.030; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 76.12.030 and 1991 c 363 s 151 are each amended to read as follows:

    If any land acquired by a county through foreclosure of tax liens, or otherwise, comes within the classification of land described in RCW 76.12.020 and can be used as state forest land and if the department deems such land necessary for the purposes of this chapter, the county shall, upon demand by the department, deed such land to the department and the land shall become a part of the state forest lands.

    Such land shall be held in trust and administered and protected by the department as other state forest lands.  Any moneys derived from the lease of such land or from the sale of forest products, oils, gases, coal, minerals, or fossils therefrom, shall be distributed as follows:

    (1) The expense incurred by the state, as well as any fees or charges assessed by the state, for administration, reforestation, and protection, not to exceed ((twenty-five)) twenty-two percent, which rate of percentage shall be determined by the board of natural resources, shall be returned to the forest development account in the state general fund.  By June 30th of each year, the board of natural resources must establish the percentage and a budget for the following fiscal year in such a manner that the balance in the account does not exceed the amount necessary for six months of operating expenses for administration, reforestation, and protection.  The board of natural resources must set the level of the balance of the account in cooperation with the counties that have forest board transfer lands.

If the terms of a lease or sale of forest products or other resources from the forest board transfer lands include any special fees or charges that the lessee or the purchaser must pay to the state, then those fees or charges shall be included in the calculation of the expense for the administration, reforestation, and protection of these lands.  This shall include any charges the department may impose for the use of roads as provided in RCW 79.38.030.

    (2) Any balance remaining shall be paid to the county in which the land is located to be paid, distributed, and prorated, except as hereinafter provided, to the various funds in the same manner as general taxes are paid and distributed during the year of payment:  PROVIDED, That any such balance remaining paid to a county with a population of less than nine thousand shall first be applied to the reduction of any indebtedness existing in the current expense fund of such county during the year of payment.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 1997.

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