28-6993

28-6993. State highway fund; authorized
uses

A. Except as provided in subsection B of this section and section 28-6538, the
state highway fund shall be used for any of the following purposes in strict conformity
with and subject to the budget as provided by this section and by sections 28-6997
through 28-7003:

1. To pay salaries, wages, necessary travel expenses and other expenses of officers
and employees of the department and the incidental office expenses, including telegraph,
telephone, postal and express charges and printing, stationery and advertising expenses.

2. To pay for both:

(a) Equipment, supplies, machines, tools, department offices and laboratories
established by the department.

(b) The construction and repair of buildings or yards of the department.

3. To pay the cost of both:

(a) Engineering, construction, improvement and maintenance of state highways and
parts of highways forming state routes.

(b) Highways under cooperative agreements with the United States that are entered
into pursuant to this chapter and an act of Congress providing for the construction of
rural post roads.

4. To pay land damages incurred by reason of establishing, opening, altering,
relocating, widening or abandoning portions of a state route or state highway.

5. To reimburse the department revolving account.

6. To pay premiums on authorized indemnity bonds and on compensation insurance
under the workers' compensation act.

7. To defray lawful expenses and costs required to administer and carry out the
intent, purposes and provisions of this title, including repayment of obligations entered
into pursuant to this title, payment of interest on obligations entered into pursuant to
this title, repayment of loans and other financial assistance, including repayment of
advances and interest on advances made to the department pursuant to section 28-7677, and
payment of all other obligations and expenses of the board and department pursuant to
chapter 21 of this title.

8. To pay lawful bills and charges incurred by the state engineer.

9. To acquire, construct or improve entry roads to state parks or roads within
state parks.

10. To acquire, construct or improve entry roads to state prisons.

11. To pay the cost of relocating a utility facility pursuant to section 28-7156.

12. For the purposes provided in subsections C, D and E of this section and sections
28-1143, 28-2353 and 28-3003.

B. For each fiscal year, the department of transportation shall allocate and
transfer monies in the state highway fund to the department of public safety for funding
a portion of highway patrol costs in eight installments in each of the first eight months
of a fiscal year that do not exceed ten million dollars.

C. Subject to legislative appropriation, the department may use the monies in the
state highway fund as prescribed in section 28-6991, paragraph 12 to carry out the duties
imposed by this title for registration or titling of vehicles, to operate joint title,
registration and driver licensing offices, to cover the administrative costs of issuing
the air quality compliance sticker, modifying the year validating tab and issuing the
windshield sticker and to cover expenses and costs in issuing special plates pursuant to
sections 28-2404, 28-2412 through 28-2436 and 28-2514.

D. The department shall use monies deposited in the state highway fund pursuant to
chapter 5, article 5 of this title only as prescribed by that article.

E. Monies deposited in the state highway fund pursuant to section 28-2269 shall be
used only as prescribed by that section.

F. Monies deposited in the state highway fund pursuant to section 28-710,
subsection D, paragraph 2 shall only be used for state highway work zone traffic control
devices.

G. The department may exchange monies distributed to the state highway fund
pursuant to section 28-6538, subsection A, paragraph 1 for local government surface
transportation program federal monies suballocated to councils of government and
metropolitan planning organizations if the local government scheduled to receive the
federal monies concurs. An exchange of state highway fund monies pursuant to this
subsection shall be in an amount that is at least equal to ninety per cent of the federal
obligation authority that exists in the project for which the exchange is proposed.