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

A. The 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 this 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:

(a) The emissions inspection services performed by the independent contractor, including inspection station auditing, contractor training and certification, and motorist assistance.

(b) Travel reduction programs prescribed by this chapter.

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

5. Other costs of administering and enforcing 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.