[§37-52.3]  Criteria for the establishment
and continuance of special funds.  Special funds shall only be established
pursuant to an act of the legislature.  The legislature, in establishing or
reviewing a special fund to determine whether it should be continued, shall
ensure that the special fund:



(1)  Serves the purpose for which it was originally
established;



(2)  Reflects a clear nexus between the benefits
sought and charges made upon the users or beneficiaries of the program, as
opposed to serving primarily as a means to provide the program or users with an
automatic means of support that is removed from the normal budget and
appropriation process;



(3)  Provides an appropriate means of financing for
the program or activity; and



(4)  Demonstrates the capacity to be financially self-sustaining.
[L 2002, c 178, pt of §2]