1. (a) There is established within the department of health the sanitation and environmental health special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, various certificates, variances, investigations, and reviews, pursuant to sections 321-11.5(c) and 321-15.

2. (b) Moneys in the fund shall be expended by the department to partially fund the operating costs of program activities and functions authorized pursuant to section 321-11 to enhance the capacity of sanitation and environmental health programs to:

   1. (1) Improve public outreach efforts and consultations to regulated businesses and industries;
   2. (2) Educate the public, staff, and regulated businesses and industries;
   3. (3) Plan for future growth and expansion to meet emerging needs;
   4. (4) Provide training opportunities to ensure the maintenance of professional competence among sanitation and environmental health staff and administrators; and

   5. (5) Conduct program activities and functions of the sanitation branch, including permit issuance, inspections, and enforcement and the hiring of additional inspectors;

      provided that for environmental health programs, not more than $140,000 of the fund may be used during any fiscal year for fund administration, including the hiring of not more than two full-time equivalent personnel, and the purchase of office and electronic equipment.

3. (c) Any amount in the fund in excess of $1,500,000 on June 30 of each year shall be deposited into the general fund.

4. (d) The department of health shall submit a report to the legislature concerning the status of the sanitation and environmental health special fund, including:

   1. (1) The amount of moneys taken in by and expended from the fund; and

   2. (2) The sources of receipts and uses of expenditures,

      not less than twenty days prior to the convening of each regular session.

[L 1994, c 169, §§2, 9; am L 1996, c 164, §1; am L 1998, c 311, §§15, 16; am L 1999, c 120, §4; am L 2010, c 176, §4]