S-192                 _______________________________________________

                                                   SENATE BILL NO. 3174

                        _______________________________________________

                                                                            C 289 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Owen, Metcalf, Stratton, Barr and Johnson

Read first time 1/21/85 and referred to Committee on Natural Resources.

AN ACT Relating to fish and wildlife enhancement; and amending RCW 75.08.230 and 79.24.580.

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

        Sec. 1.  Section 75.08.230, chapter 12, Laws of 1955 as last amended by section 332, chapter 258, Laws of 1984 and RCW 75.08.230 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 ((justice)) 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)  Proceeds from the sale of salmon and salmon eggs by the department from hatchery operations partially or wholly financed by sources other than state general revenues, 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.

          (6) Proceeds from the sale of salmon and salmon eggs by the department, except as specified by subsection (5) of this section, shall be allocated to the aquatic lands enhancement account established under RCW 79.24.580.  These proceeds shall be used solely for the volunteer cooperative fish and wildlife enhancement program under chapter 75.52 RCW.

(7) 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.

        Sec. 2.  Section 9, chapter 167, Laws of 1961 as last amended by section 24, chapter 221, Laws of 1984 and RCW 79.24.580 are each amended to read as follows:

          After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be distributed as follows:  (1) Forty percent shall be deposited in the aquatic lands enhancement account of the general fund which is hereby created.  After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to such lands; and for volunteer cooperative fish and game projects.  Proceeds allocated to the aquatic lands enhancement account from RCW 75.08.230(6) shall be used solely for the volunteer cooperative fish and wildlife enhancement program pursuant to chapter 75.52 RCW; and (2) the remainder shall be deposited in the capitol purchase and development account of the general fund, the creation of which is hereby authorized or, in the event that revenue bonds are issued as authorized by RCW 79.24.630 through 79.24.647, into the state building bond redemption fund pursuant to RCW 79.24.638.