36-1702 — OPERATION OF COUNTY FISH HATCHERIES -- SPECIAL TAX LEVY


                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 17
                            COUNTY FISH HATCHERIES
    36-1702.  OPERATION OF COUNTY FISH HATCHERIES -- SPECIAL TAX LEVY. In
addition to any and all other powers conferred upon them in this chapter, the
board of county commissioners in any county of the state shall have
jurisdiction and power to be exercised at its option:
    (a)  Construction and Operation by Counties. To construct, maintain,
operate, and improve such fish hatcheries, rearing ponds and such other
facilities as it may deem necessary for the propagation and distribution of
game fish within its own county.
    (b)  Authorized Expenditures. To expend moneys to be raised by taxation,
as hereinafter provided, for the purpose of propagation and distribution of
game fish within its own county provided that no moneys shall be so expended
by any such board of county commissioners except in the direct payment of
expenses and accounts which shall have been contracted or incurred by or under
the immediate direction and with the approval of such board of county
commissioners. Provided further that no moneys shall be expended under the
provisions of this section upon or for the benefit of any such hatchery unless
the entire output thereof shall be used in stocking waters within the county
in which such hatchery is situated.
    (c)  Special Tax Levy. To levy annually for such purposes at the same time
other taxes are levied a special tax of not to exceed five thousandths percent
(.005%) of the market value for assessment purposes on all taxable property in
the county provided that all moneys to be derived from such tax shall be
deposited and kept by the county treasurer in a special fund to be designated
as "fish hatchery fund" and no portion of such moneys shall be withdrawn from
such fund except upon warrants drawn at the direction of the board of county
commissioners and no portion of such moneys shall be expended or used except
for said purposes and subject to the restrictions specified in this section.