AN ACT Relating to agricultural labor market information collection and analysis; amending RCW 50.16.010, 15.65.420, 15.65.430, 15.65.460, and 15.66.180; adding a new section to chapter 50.16 RCW; adding a new section to chapter 15.24 RCW; adding a new section to chapter 15.28 RCW; adding a new section to chapter 15.65 RCW; adding a new section to chapter 15.66 RCW; adding a new section to chapter 15.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The general and economic welfare of this state is dependent on a stable and healthy agricultural industry. It is declared to be the policy and purpose of this chapter to promote this vital public interest by providing for agricultural labor market information collection and analysis to ensure that the information is timely and useful to meet the needs of both agricultural growers and workers.

NEW SECTION. Sec. 2. A new section is added to chapter 50.16 RCW to read as follows:

A separate and identifiable account is established in the administrative contingency fund to provide for agricultural labor market information. All money in the account shall be expended solely for the purpose of providing agricultural labor market information collection from agricultural workers, growers and other appropriate sources and analysis of that information.

Sec. 3. Section 60, chapter 35, Laws of 1945 as last amended by section 218, chapter 202, Laws of 1987 and RCW 50.16.010 are each amended to read as follows:

There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 shall not be applicable. The unemployment compensation fund shall consist of

(1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,

(2) interest earned upon any moneys in the fund,

(3) any property or securities acquired through the use of moneys belonging to the fund,

(4) all earnings of such property or securities,

(5) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,

(6) all money recovered on official bonds for losses sustained by the fund,

(7) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,

(8) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and

(9) all moneys received for the fund from any other source.

All moneys in the unemployment compensation fund shall be commingled and undivided.

The administrative contingency fund shall consist of all interest on delinquent contributions collected pursuant to this title after June 20, 1953, all fines and penalties collected pursuant to the provisions of this title, all sums recovered on official bonds for losses sustained by the fund, and revenue received under RCW 50.24.014 and sections 4, 5, 6, and 10 of this 1988 act: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. Moneys available in the administrative contingency fund, other than money in the special accounts created under RCW 50.24.014 and section 2 of this 1988 act, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:

(a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.

(b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.

Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in this 1985 act. Money in the agricultural labor market information account created in section 2 of this 1988 act may only be expended, after appropriation, for the purposes specified in section 2 of this 1988 act.

NEW SECTION. Sec. 4. A new section is added to chapter 15.24 RCW to read as follows:

The director shall collect from the commission an annual assessment in accordance with section 12 of this act. All money collected under this section shall be deposited in the agricultural labor market information account established in section 2 of this act and shall be expended solely to provide agricultural labor market information collection and analysis.

NEW SECTION. Sec. 5. A new section is added to chapter 15.28 RCW to read as follows:

The director of agriculture shall collect from the commission an annual assessment in accordance with section 12 of this act. All money collected under this section shall be deposited in the agricultural labor market information account established in section 2 of this act and shall be expended solely to provide agricultural labor market information collection and analysis.

NEW SECTION. Sec. 6. A new section is added to chapter 15.65 RCW to read as follows:

The director shall collect from each commodity board established under this chapter an annual assessment as determined by the director in accordance with section 12 of this act. All money collected under this section shall be deposited in the agricultural labor market information collection and analysis account established in section 2 of this act and shall be expended solely to provide agricultural labor market information collection and analysis.

Sec. 7. Section 42, chapter 256, Laws of 1961 and RCW 15.65.420 are each amended to read as follows:

Moneys collected by the director or his designee pursuant to any marketing order or agreement from any assessment or as an advance deposit thereon, except for assessments under section 6 of this 1988 act, shall be used by the director or his designee only for the purpose of paying for expenses and costs arising in connection with the formulation, issuance, administration and enforcement of such order or agreement and carrying out its provisions together with a proportionate share of the overhead expenses of the department attributable to its performance of its duties under this chapter with respect to such marketing order or agreement.

Sec. 8. Section 43, chapter 256, Laws of 1961 and RCW 15.65.430 are each amended to read as follows:

(1) Any moneys collected or received by the director or his designee pursuant to the provisions of any marketing agreement or order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the director determines to be reasonably adapted to effectuate the declared policies of this chapter and the purposes of such marketing agreement or order, to all persons from whom such moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the director or his designee finds that the same will tend to effectuate such policies and purposes. Upon the termination of any marketing agreement or order, any and all moneys remaining, and not required to defray the expenses or repay the obligations incurred and undertaken pursuant to such agreement or order, shall be returned by the director upon a pro rata basis to all persons from whom such moneys were collected or received. However, if the director finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons, the director may use such moneys to defray expenses incurred by him in the formulation, issuance, administration or enforcement of any subsequent marketing agreement or order for such commodity. Thereafter, if there are any such moneys remaining which have not been used by the director as hereinabove provided, the same shall be withdrawn from the approved depository and paid into the state treasury as unclaimed trust moneys.

(2) This section shall not apply to assessments under section 6 of this 1988 act.

Sec. 9. Section 46, chapter 256, Laws of 1961 and RCW 15.65.460 are each amended to read as follows:

There shall be a fund known as the "marketing act revolving fund" which shall consist of all assessments, fees, penalties, forfeitures and all other moneys, income or revenue received or collected pursuant to the provisions of this chapter, except for assessments under section 6 of this 1988 act, and of all marketing orders and agreements issued pursuant to this chapter. None of the provisions of RCW 43.01.050 shall be applicable to such fund nor to any of the moneys so received or collected.

NEW SECTION. Sec. 10. A new section is added to chapter 15.66 RCW to read as follows:

The director shall collect from each commodity commission established under this chapter an annual assessment as determined by the director in accordance with section 12 of this act. All money collected under this section shall be deposited in the agricultural labor market information collection and analysis account established in section 2 of this act and shall be expended solely to provide agricultural labor market information collection and analysis.

Sec. 11. Section 15.66.180, chapter 11, Laws of 1961 and RCW 15.66.180 are each amended to read as follows:

All moneys which are collected or otherwise received pursuant to each marketing order created under this chapter, except for assessments under section 10 of this 1988 act, shall be used solely by and for the commodity commission concerned and shall not be used for any other commission nor the department. Such moneys shall be deposited in a separate account or accounts in the name of the individual commission in any bank which is a state depositary. All expenses and disbursements incurred and made pursuant to the provisions of any marketing order shall be paid from moneys collected and received pursuant to such order without the necessity of a specific legislative appropriation and all moneys deposited for the account of any order shall be paid from said account by check or voucher in such form and in such manner and upon the signature of such person as may be prescribed by the commission. None of the provisions of RCW 43.01.050 shall be applicable to any such account or any moneys so received, collected or expended.

NEW SECTION. Sec. 12. A new section is added to chapter 15.04 RCW to read as follows:

The director shall establish annually by rule an assessment to provide for agricultural labor market information collection and analysis. The assessment shall be collected from each commodity commission or board established by law with responsibility for agricultural commodities for which cultivation, harvesting, maintenance or other management of the commodity requires or uses seasonal or migrant agricultural labor. The assessment schedule shall take into account the relative value of the agricultural commodity and the relative labor requirements for producing the commodity. The assessments shall be levied at a rate sufficient to raise seventy-five thousand dollars annually.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.