40-408. Disposition of assessment proceeds;
utility regulation revolving fund; exemption from lapsing


A. The utility regulation revolving fund is established.


B. All monies received by the commission under the provisions of section 40-401
shall be deposited, pursuant to sections 35-146 and 35-147, in the utility regulation
revolving fund.


C. Subject to legislative appropriation, the commission shall use the monies in the
utility regulation revolving fund for attorneys and other legal staff employed pursuant
to section 40-106, and all expenses of the utilities division, including compensation of
auditors, economists and other staff, including staff with expertise in the area of
corporate accounting, finance and management efficiency of all types of public service
corporations, and a part of the expenses for the hearing and administration divisions,
including expenses associated with the commissioners.


D. Monies in the utility regulation revolving fund do not revert to the state
general fund pursuant to section 35-190.


E. Monies not appropriated or expended from the utility regulation revolving fund
at the end of the fiscal year shall be used to calculate the annual assessment prescribed
in section 40-401.


F. The utilities division shall not use any monies from the utility regulation
revolving fund unless such monies are appropriated by the legislature.