43-1-701 - Establishment Source of fund Accounting Interest Investment Expenditures. - Tennessee Statutes

43-1-701. Establishment Source of fund Accounting Interest Investment Expenditures.

(a)  There is established within the general fund a special agency account to be known as the Tennessee agricultural regulatory fund, referred to in this part as “the fund.”

(b)  (1)  Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties, and damages collected pursuant to the following:

          (A)  Chapter 8, part 2 of this title, relative to pesticide dealers;

          (B)  The Tennessee Plant Pest Act of 1955, compiled in chapter 6, part 1 of this title;

          (C)  The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title;

          (D)  Chapter 8, part 3 of this title, relative to the aerial application of pesticides;

          (E)  Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21; and

          (F)  Title 44, chapter 7, part 4 relative to the animal diagnostic laboratory.

     (2)  The commissioner of agriculture shall maintain separate accounting for the moneys collected and expended under each of the foregoing statutes.

(c)  Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part.

(d)  Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund, allocated proportionately to each separate program.

(e)  Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603. The fund shall be administered by the commissioner.

(f)  Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund shall be expended at the direction of the commissioner only to defray the costs associated with implementing and effectuating the purposes of the statutes specified in subsection (b). Moneys deposited in the fund shall not revert at the end of any fiscal year; and all interest accruing on investments and deposits of the fund not otherwise expended shall be returned to and made a part of the fund. With respect to expenditures from the annual appropriations, the commissioner shall consult with a committee made up of the following: a nurseryman, actively engaged in the nursery business and designated by the Tennessee nurserymen's association; a greenhouse plant producer actively engaged in the business and designated by the plant production business; a representative designated by the Tennessee farm bureau; a licensed pest control operator actively engaged in the pest control business and designated by the Tennessee pest control association; and other representatives of organizations that may be affected by the regulatory provisions of those programs and services specified in subsection (b).

[Acts 1994, ch. 960, § 2; 2002, ch. 640, §§ 1-5.]