41-173. Special olympics tax refund
fund


A. The special olympics tax refund fund is established consisting of contributions
to the SPECIAL OLYMPICS ARIZONA AS A CORPORATION from income tax refunds collected
pursuant to section 43-614, other unrestricted private gifts and grants and investment
earnings. No public monies may be appropriated to or designated for this fund.


B. The fund shall be administered by the department of revenue. On notice from the
director, the state treasurer shall invest and divest monies in the fund as provided by
section 35-313, and monies earned from investment shall be credited to the fund.


C. Before December 31 each year the department of revenue shall determine the cost
of administering the special olympics income tax refund checkoff under section 43-614 and
this section and shall deduct this amount from monies otherwise distributable to the
SPECIAL OLYMPICS ARIZONA AS A CORPORATION. The deducted monies shall be deposited,
pursuant to sections 35-146 and 35-147, in the state general fund. If the amount to be
deducted for administrative cost exceeds the amount distributable, the excess deduction
shall be carried forward as a liability to the SPECIAL OLYMPICS ARIZONA AS A
CORPORATION until paid. On May 15 and October 15 each year the department of revenue
shall distribute all monies in the fund not necessary for administrative costs to the
department of economic security to be used only to contract with THE SPECIAL OLYMPICS
ARIZONA AS A CORPORATION for delivery of those services essential to programs of the
SPECIAL OLYMPICS ARIZONA AS A CORPORATION or its successor for the citizens of
Arizona with mental retardation, including coordination and development of such programs
within this state.


D. Monies contributed or accruing to the fund are not state revenues for purposes
of any constitutional limitation or prohibition and are exempt from lapsing under section
35-190.