BILL REQ. #:  H-2979.1 

READ FIRST TIME 03/12/07.   

     AN ACT Relating to establishing the field of dreams program; amending RCW 28B.95.060; reenacting and amending RCW 43.79A.040; adding a new section to chapter 28B.95 RCW; adding a new chapter to Title 28B RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The field of dreams program is established. The legislature finds that agriculture is a major and critical employer in Washington state and recognizes that the industry is struggling to attract and retain employees. The purpose of the program is to provide college tuition in the form of GET units to students working for agricultural employers to benefit the agriculture industry and to assist students in accessing postsecondary education. The program shall be administered by the employment security department and the GET units shall be administered by the higher education coordinating board.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the higher education coordinating board.
     (2) "Department" means the employment security department.
     (3) "GET units" means tuition units under the advanced college tuition payment program in chapter 28B.95 RCW.
     (4) "Institution of higher education" has the same meaning as in RCW 28B.92.030.
     (5) "Qualified employer" means an employer whose American industry classification system (NAICS) code is within "111" or "112."
     (6) "WorkSource" means one-stop delivery system as described in P.L. 105-220, Section 134.

NEW SECTION.  Sec. 3   (1) To be eligible for the field of dreams GET units, a student must be enrolled in the field of dreams program. To enroll, a student must:
     (a) Meet the criteria for resident tuition and fee rates as defined in RCW 28B.15.012;
     (b) Be sixteen through twenty-one years of age;
     (c) Register at WorkSource;
     (d) Work for a qualified employer in an agricultural job; and
     (e) Be enrolled in high school, have graduated from high school, or hold a general equivalency diploma.
     (2) To accrue GET units, a student shall:
     (a) Register with WorkSource each time he or she accepts employment with an agricultural employer under the field of dreams program to verify that the employment meets the qualifications of this program and that work hours are being counted;
     (b) Work in a position at a qualified employer; and
     (c) Consent to the disclosure of information or records deemed private and confidential under chapter 50.13 RCW. Disclosure of this information and these records by the department to the board shall be solely for purposes related to the administration of this chapter. Information obtained from employer records under this chapter is confidential and not open to public inspection, other than to public employees in the performance of their official duties.
     (3) For each three hundred fifty hours worked for a qualified employer, a student shall earn ten GET units. GET units are not available in denominations fewer than ten. No partial credit shall be awarded for less than three hundred fifty hours of employment.
     (4) Students may earn a maximum of one hundred GET units.
     (5) To receive GET units a student shall:
     (a) Obtain a certificate verifying units earned from the WorkSource office; and
     (b) Enter an institution of higher education that is accredited by an accrediting agency recognized by rule of the higher education coordinating board.
     (6) GET units awarded through the field of dreams program may only be used for payment of qualified higher education expenses as detailed by the GET program.

NEW SECTION.  Sec. 4   (1) The department is responsible for administering the field of dreams program. In this capacity, the department shall:
     (a) Inform WorkSource applicants about the program;
     (b) Manage student enrollment in the program, subject to funds appropriated for the specific purpose of the field of dreams program;
     (c) Track student hours worked through the unemployment insurance system;
     (d) Refer interested students to qualified employers;
     (e) Provide verification of covered employment under Title 50 RCW and verify that the student is working for a qualified employer;
     (f) Work with the board to develop appropriate procedures for the redemption of certificates for GET units awarded by the program; and
     (g) Use information sharing and integration technology to facilitate the disclosure of relevant information and records by the employment security department, so long as an individual consents to the disclosure as required under section 3(2) of this act.
     (2) Information contained in the files and records pertaining to an individual under this chapter are confidential and not open to public inspection, other than to public employees in the performance of their official duties. However, an individual or an authorized representative of the individual may review his or her records or receive specific information from the records on the presentation of the signed authorization of the individual.

NEW SECTION.  Sec. 5   The board shall administer GET units earned through the field of dreams program. In this capacity, the board shall:
     (1) Purchase GET units to be owned and held in trust by the board, for the purpose of field of dreams awards as provided for in this section;
     (2) Distribute award funds, in the form of GET units, to institutions of higher education on behalf of eligible recipients identified by the program administrator beginning on July 1, 2010;
     (3) Work with the department to develop appropriate procedures for the redemption of certificates for GET units;
     (4) Provide annual reports to the appropriate higher education and fiscal committees of the house of representatives and the senate regarding use of GET units, enrollment, and graduation information of GET field of dreams recipients, if the recipients have given permission for the board to do so; and
     (5) Submit a report, developed jointly with the department, to the appropriate higher education and fiscal committees of the house of representatives and the senate by December 1, 2010, that describes the utilization of the program. The report shall include, but is not limited to, the demographic and income distribution of the student participants.

NEW SECTION.  Sec. 6   (1) The GET field of dreams account is created in the custody of the state treasurer.
     (2) The board shall deposit into the account all money received for the GET field of dreams account from appropriations and private sources. The account shall be self-sustaining.
     (3) Expenditures from the account shall be used for purchases of GET units. Purchased GET units shall be owned and held in trust by the board.
     (4) With the exception of the operating costs associated with the management of the account by the treasurer's office as authorized in chapter 43.79A RCW, the account shall be credited with all investment income earned by the account.
     (5) Disbursements from the account are exempt from appropriations and the allotment provisions of chapter 43.88 RCW.
     (6) Disbursements from the account shall be made only on the authorization of the board.

NEW SECTION.  Sec. 7   A new section is added to chapter 28B.95 RCW to read as follows:
     Ownership of tuition units purchased by the higher education coordinating board for the GET field of dreams program under section 5 of this act shall be in the name of the state of Washington and may be redeemed by the state of Washington on behalf of recipients of GET field of dreams awards for tuition and fees.

Sec. 8   RCW 28B.95.060 and 2000 c 14 s 5 are each amended to read as follows:
     (1) The Washington advanced college tuition payment program account is created in the custody of the state treasurer. The account shall be a discrete nontreasury account retaining its interest earnings in accordance with RCW 43.79A.040.
     (2)(a) Except as provided in (b) of this subsection, the governing body shall deposit in the account all money received for the program. The account shall be self-sustaining and consist of payments received from purchasers of tuition units and funds received from other sources, public or private. With the exception of investment and operating costs associated with the investment of money by the investment board paid under RCW 43.33A.160 and 43.84.160, the account shall be credited with all investment income earned by the account. Disbursements from the account are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. Money used for program administration is subject to the allotment of all expenditures. However, an appropriation is not required for such expenditures. Program administration shall include, but not be limited to: The salaries and expenses of the program personnel including lease payments, travel, and goods and services necessary for program operation; contracts for program promotion and advertisement, audits, and account management; and other general costs of conducting the business of the program.
     (b) All money received by the program from the higher education coordinating board for the GET field of dreams program shall be deposited in the GET field of dreams account created in section 6 of this act.
     (3) The assets of the account may be spent without appropriation for the purpose of making payments to institutions of higher education on behalf of the qualified beneficiaries, making refunds, transfers, or direct payments upon the termination of the Washington advanced college tuition payment program. Disbursements from the account shall be made only on the authorization of the governing body.
     (4) With regard to the assets of the account, the state acts in a fiduciary, not ownership, capacity. Therefore the assets of the program are not considered state money, common cash, or revenue to the state.

Sec. 9   RCW 43.79A.040 and 2006 c 311 s 21 and 2006 c 120 s 2 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 Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works 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 future teachers conditional scholarship account, the GET field of dreams account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and fire fighters' plan 2 expense fund, the local tourism promotion account, the produce railcar pool account, the regional transportation investment district 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, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, and the reading achievement account. 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. 10   Sections 1 through 6 of this act constitute a new chapter in Title 28B RCW.

NEW SECTION.  Sec. 11   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.