[§37-52.3]  Criteria for the establishmentand continuance of special funds.  Special funds shall only be establishedpursuant to an act of the legislature.  The legislature, in establishing orreviewing a special fund to determine whether it should be continued, shallensure that the special fund:

(1)  Serves the purpose for which it was originallyestablished;

(2)  Reflects a clear nexus between the benefitssought and charges made upon the users or beneficiaries of the program, asopposed to serving primarily as a means to provide the program or users with anautomatic means of support that is removed from the normal budget andappropriation process;

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

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