H-2090.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1755

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Clements, Doumit and Haigh; by request of Department of Fish and Wildlife)

Read first time 03/01/1999.

Creating the fish and wildlife equipment fund.

    AN ACT Relating to fish and wildlife equipment; adding a new section to chapter 77.12 RCW; and adding a new section to chapter 75.50 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 77.12 RCW to read as follows:

    A revolving fund to be known as the fish and wildlife equipment fund is created in the custody of the state treasurer, to be expended by the department without appropriation for salaries, wages, and operations required for the purchase, repair, replacement, and operation of equipment for the purposes authorized in this section.  The equipment may be used for the administration, maintenance, and construction of fish and wildlife lands and facilities; administration, maintenance, and construction of lands under department control; administration, maintenance, and construction of projects that will enhance fish and wildlife, including but not limited to volunteer cooperative projects, regional fisheries enhancement group projects, and salmon recovery projects; and administration, biological assessment, and enforcement necessary to carry out the duties under this title and rules of the commission and director.  The department may purchase and sell equipment, materials, and supplies by use of the fund, subject to any laws governing the purchase and sale of property.

    All existing and hereafter-acquired equipment of the department shall be deemed to have been purchased from the fish and wildlife equipment fund.  The department may, from time to time, transfer equipment purchased with appropriations from the general fund to the fish and wildlife equipment fund with or without charging the fish and wildlife equipment fund.

    Equipment may be provided to any federal, state, county, or city political subdivision or governmental agency, volunteer cooperatives, regional fisheries enhancement groups, and entities engaged in salmon recovery.  The department may collect a reasonable charge for providing the equipment.  The terms and charges for such rentals shall be solely within the discretion of the department, and the determination of the terms and charges shall be considered reasonable.  Any entity renting equipment shall make payment for such rental charges directly to the fish and wildlife equipment fund and the office of the department in Olympia.  The fish and wildlife equipment fund shall be credited with the proceeds received from the payment of the rental charges.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.50 RCW to read as follows:

    Existing and hereafter acquired equipment and materials purchased by regional fisheries enhancement groups with funding from the regional fisheries enhancement account established under RCW 75.50.100 or the regional fisheries enhancement salmonid recovery account established under RCW 75.50.125, shall be considered the property of the regional fisheries enhancement group making the purchase when the cost of the equipment or materials is less than five thousand dollars.  No chargeback shall be made on these equipment and materials to the fish and wildlife equipment fund established in section 1 of this act.  The regional fisheries enhancement group advisory board and the department shall develop guidelines for implementing this section.

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