(1)

(a) There is created in the State Treasury a special fund to be designated as the Surface Mine Worker Safety Training Program Operations Fund, referred to in this section as “special fund,” to be administered by the executive director. The special fund shall consist of monies as may be appropriated by the Legislature and any other monies authorized under this section.

(b) Monies in the special fund shall be utilized to pay reasonable direct and indirect costs associated with surface mine worker safety training provided by the department including, but not limited to, matching funds for federal grants to meet federal grant requirements to pay a proportional share of the total cost of the training.

(c) Expenditures may be made from the special fund upon requisition by the executive director.

(d) The special fund may receive monies from any available public or private source including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.

(e) Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.

(2)

(a) The commission shall set by order the fee for surface mine worker safety training, not to exceed the cost of providing the training.

(b) All monies collected under this subsection shall be deposited into the special fund.

(c) The commission may delegate to the department responsibility for the collection of fees under this subsection.

(d) Any person required to pay a fee under this subsection who disagrees with the calculation or applicability of the fee may petition the commission for a hearing in accordance with Sections 49-17-33 and 49-17-35.

(e) Fees collected under this subsection shall not supplant or reduce in any way the general fund appropriation to the department.