AN ACT Relating to advertising in department of fisheries' publications; amending RCW 75.08.230; and creating new sections.

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

NEW SECTION. Sec. 1. Each year the department of fisheries publishes pamphlets which explain the regulations affecting food fish and shellfish. Virtually every fisherman obtains at least one copy of the pamphlet, which typically has approximately twenty pages. The demand for the pamphlet makes it costly to publish, and diminishes the funds available to manage the food fish and shellfish resources. To defray the cost of publishing and to make funds available to manage the state's food fish and shellfish, the legislature finds it in the public interest to allow the department of fisheries to charge advertisers for printing advertisements in the department's fishing regulations pamphlet and other department publications.

NEW SECTION. Sec. 2. In order to defray publishing costs of the department of fisheries' informational materials, the director of fisheries may solicit advertising to be placed in the publication, and may charge a fee for such advertising. The informational materials shall state that publication of an advertisement does not constitute endorsement by the state of Washington. The director may, at the director's discretion, reject any advertising unsupportive of the department's duty to preserve, protect, perpetuate, and manage the food fish and shellfish resources.

NEW SECTION. Sec. 3. There is established in the state general fund a department of fisheries publications revolving fund which consists of moneys received from the sale of advertising space in the department's publications. Expenditures from this fund may be made only to defray publishing costs of the department's informational materials.

Sec. 4. Section 75.08.230, chapter 12, Laws of 1955 as last amended by section 230, chapter 202, Laws of 1987 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 and permits required under this title;

(b) The sale of property seized or confiscated 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) 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.

(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) Moneys received by the director for advertising in the department's publications shall be deposited into the publications revolving fund as provided in section 3 of this act. The director shall use the moneys deposited under this subsection only to defray the costs of publication of the department's informational materials. Any surplus moneys shall be deposited into the state general fund as provided in subsection (1) of this section.