[atlas:bill]

AN ACT Relating to the fruit and vegetable inspection account; amending RCW 15.17.240 and 15.17.243; reenacting and amending RCW 43.79A.040; repealing RCW 15.17.245; and providing an effective date.

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

Sec. 1. RCW 15.17.240 and 1998 c 154 s 16 are each amended to read as follows:

(((1) The district managers shall collect the fees provided for under this chapter and deposit them in the fruit and vegetable district fund in any bank in the district approved for the deposit of state funds. The fees shall be used to carry out the provisions of this chapter and no appropriation is required for disbursement from the fund. District managers shall approve payments from the fruit and vegetable inspection district funds to the fruit and vegetable inspection trust account in accordance with RCW 15.17.245. On a monthly basis, each district manager shall provide to the director a detailed account of the receipts and disbursements for the preceding month.

(2) Assessments and other fees approved by the director or authorized by law and collected by the district managers shall be deposited in the fruit and vegetable inspection district funds and distributed to the appropriate fund or agency.))

The fruit and vegetable inspection account is created in the custody of the state treasurer. All fees collected under this chapter must be deposited into the account. Expenditures from the account may be used for implementation and enforcement of this chapter or other legislatively authorized activity. The director of agriculture may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

The director shall establish and maintain accounts within the fruit and vegetable inspection account for each district established under RCW 15.17.230.

Sec. 2. RCW 15.17.243 and 2001 c 92 s 1 are each amended to read as follows:

The district manager for district two as defined in WAC 16‑458‑075 is authorized to transfer two hundred thousand dollars from the fruit and vegetable district fund to the plant pest account within the agricultural local fund. The amount transferred is to be derived from fees collected for state inspections of tree fruits and is to be used solely for activities related to the control of Rhagoletis pomonella in district two. The transfer of funds shall occur by June 1, 1997. On June 30, 2003, any unexpended portion of the two hundred thousand dollars shall be ((~~returned~~)) transferred to the fruit and vegetable ((~~district fund~~)) inspection account.

Sec. 3. RCW 43.79A.040 and 2001 c 201 s 4 and 2001 c 184 s 4 are each reenacted and amended to read as follows:

(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

NEW SECTION. Sec. 4. RCW 15.17.245 (Fruit and vegetable inspection trust account) and 1998 c 154 s 19, 1987 c 393 s 2, 1986 c 203 s 1, 1969 ex.s. c 76 s 1, & 1961 c 11 s 15.04.100 are each repealed.

NEW SECTION. Sec. 5. This act takes effect July 1, 2002.