49-544

49-544. Emissions inspection fund; composition;
authorized expenditures; exemptions; investment

A. An emissions inspection fund is established and is subject to legislative
appropriation. The emissions inspection fund shall consist of:

1. Monies appropriated to the fund by the legislature.

2. All monies collected pursuant to section 49-543, subsection A.

3. All monies collected by the director for the issuance of inspection certificates
to owners of fleet emissions inspection stations.

4. Monies received from private grants or donations when so designated by the
grantor or donor.

5. Monies received from the United States by grant or otherwise to assist the state
in any emissions inspection program.

B. Monies in the emissions inspection fund may be used for the following:

1. Enforcement of the provisions of this article related to fleet emissions
inspections, exemptions, and certificates of waiver.

2. Payment of contractual charges to independent contractors pursuant to section
49-545.

3. Costs to the state of administering the emissions inspection services performed
by the independent contractor, including inspection station auditing, contractor training
and certification, and motorist assistance.

4. Funding the state's portion of the catalytic converter program costs prescribed
by section 49-542.

5. Through June 30, 2005, conducting research studies to evaluate the feasibility
and effectiveness of emission system control technologies, including the repair of
vehicles participating in the studies.

6. Other costs of administering and enforcing the provisions of this article.

C. The department of environmental quality shall approve and provide for the
payment of contractual charges to independent contractors and for enforcement of the
provisions of this article related to fleet emissions inspections, exemptions and
certificates of waiver.

D. Monies in the emissions inspection fund are exempt from the provisions of
section 35-190, relating to lapsing of appropriations.

E. On notice from the department, 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.