H-1016.1          _______________________________________________

                                  HOUSE BILL 1438

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State of Washington              52nd Legislature             1991 Regular Session

By Representatives Basich, R. King, Orr, Morris, Fuhrman, Sheldon, Jones, Haugen, Padden, Riley, Hochstatter, Cole and Kremen.

Read first time January 30, 1991.  Referred to Committee on Fisheries & Wildlife.Changing the allocation of proceeds from the sale of salmon and salmon eggs.

     AN ACT Relating to the sale of state property; and amending 75.08.230.

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

     Sec. 1.  RCW 75.08.230 and 1989 c 176 s 4 are each amended to read as follows:

     (1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

     (a) The sale of licenses required under this title;

     (b) The sale of property seized or confiscated under this title;

     (c) Fines and forfeitures collected under this title;

     (d) The sale of real or personal property held for department purposes;

     (e) Rentals or concessions of the department;

     (f) Moneys received for damages to food fish, shellfish or department property; and

     (g) Gifts.

     (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

     (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the director shall be remitted as provided in chapter 3.62 RCW.

     (4)  Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

     (5) Seventy-five percent of the proceeds from the sale of salmon and salmon eggs by the department((, to the extent these proceeds exceed estimates in the budget approved by the legislature,)) may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for hatchery operations partially or wholly financed by sources other than state general revenues or for purposes of processing human consumable salmon for disposal.  The remaining twenty-five percent of the proceeds from the sale of salmon and salmon eggs shall be deposited in the regional fisheries enhancement group account described in RCW 75.50.100.

     (6) Moneys received by the director under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270.  Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

     (7) Proceeds from the sale of herring spawn on kelp permits by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270.  Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.