CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 5012

                   Chapter 228, Laws of 1995

                        54th Legislature

                      1995 Regular Session

            COMMERCIAL FISHERY LICENSE‑-TRANSFER FEE

                    EFFECTIVE DATE:  7/23/95

Passed by the Senate April 18, 1995   YEAS 40   NAYS 0 JOEL PRITCHARD President of the Senate Passed by the House April 10, 1995   YEAS 91   NAYS 5

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5012 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD Speaker of the       House of Representatives

MARTY BROWN                             Secretary

Approved May 3, 1995 Place Style On Codes above, and Style Off Codes below.

FILED                         May 3, 1995 - 3:09 p.m.

MIKE LOWRY Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                    SUBSTITUTE SENATE BILL 5012

          _______________________________________________

                      AS AMENDED BY THE HOUSE

             Passed Legislature - 1995 Regular Session

State of Washington      54th Legislature     1995 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senator Snyder)

Read first time 01/30/95.

Revising the fee for transfer of fishery licenses.

    AN ACT Relating to transfer of fishery licenses; and amending RCW 75.28.011.

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

    Sec. 1.  RCW 75.28.011 and 1993 sp.s. c 17 s 34 are each amended to read as follows:

    (1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person.

    (2) The following restrictions apply to transfers of commercial fishery licenses, salmon delivery licenses, and salmon charter licenses that are transferable between license holders:

    (a) The license holder shall surrender the previously issued license to the department.

    (b) The department shall complete no more than one transfer of the license in any seven-day period.

    (c) The fee to transfer a license from one license holder to another is:

    (i) The same as the resident license renewal fee if the license is not limited under chapter 75.30 RCW; ((or))

    (ii) Three and one-half times the resident renewal fee if the license is not a commercial salmon license and the license is limited under chapter 75.30 RCW((.));

    (((d))) (iii) Fifty dollars if the license is a commercial salmon license and is limited under chapter 75.30 RCW; or

(iv) If a license is transferred from a resident to a nonresident, ((the transferee shall pay)) the difference between the resident and nonresident license fees at the time of transfer, to be paid by the transferee.

    (3) A commercial license that is transferable under this title survives the death of the holder.  Though such licenses are not personal property, they shall be treated as analogous to personal property for purposes of inheritance and intestacy.  Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from claims of creditors of the estate and tax liens.  The surviving spouse, estate, or beneficiary of the estate may apply for a renewal of the license.  There is no fee for transfer of a license from a license holder to the license holder's surviving spouse or estate, or to a beneficiary of the estate.

    Passed the Senate April 18, 1995.

    Passed the House April 10, 1995.

Approved by the Governor May 3, 1995.

    Filed in Office of Secretary of State May 3, 1995.