Sec 3-415. Administrative services; reimbursement

A. The marketing commission or marketing committee may employ staff, to serve at the pleasure of the commission or committee, and may prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article, the marketing order or marketing agreement. The commission or committee may provide, at a rate or amount determined by the commission or committee, compensation, vehicles and vehicle expense, health care benefits, life insurance, retirement and any other cost or expense associated with employment. Reimbursement for travel and subsistence expenses for commission or committee employees shall be in the amount prescribed by title 38, chapter 4, article 2. All employees of the commission or committee are exempt from title 38, chapter 4, articles 1 and 4 and title 41, chapter 4, articles 5 and 6 and are not under the jurisdiction of the department of administration.

B. The commission or committee may also enter into an interagency agreement pursuant to title 11, chapter 7, article 3 with the department to provide necessary administrative services to the commission or committee including:

1. Providing secretarial and other services necessary for the commission or committee to carry out its activities.

2. Establishing separate operating accounts for the commission or committee.

3. Providing necessary financial and accounting services to the commission or committee including the issuance of checks, payment of bills approved by the commission or committee, annual audits, expenditure and receipt reports whether monthly or annually, preparation of annual budget and any other activities requested by the commission or committee.

4. Receiving mail and other communication for the commission or committee.

5. Receiving monies authorized under this article for deposit in the appropriate trust funds for the exclusive purpose of implementing, continuing and supporting the respective marketing order or marketing agreement. The commission or committee shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the commission or committee, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund. The beneficiary of the trust is the agricultural program established by the marketing order or marketing agreement. The trust fund shall be used solely for those purposes on the order of the commission or committee. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year or at the termination of the marketing order or agreement, do not revert to the state general fund.

6. Accepting donated monies on behalf of the commission or committee to be credited to the account of the commission or committee.

7. Providing space for the meetings of the commission or committee.

8. Providing any other administrative services that the commission or committee requests or finds necessary.

C. If the department performs any function under this article, it acts as the agent of the marketing commission or marketing committee and has no authority or control over the commission or committee or the commission's or committee's employees or assets. The commission or committee shall reimburse the department for any administrative services the department provides from the monies received under the marketing order or marketing agreement in an amount agreed on by the commission or committee and the director. Any services provided by citrus, fruit and vegetable standardization or the department in the normal scope of services are not subject to reimbursement from a marketing commission or marketing committee.

(L11, Ch. 281, sec. 12)