Special funds shall be established only 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. (1) Serves a need, as demonstrated by:

   1. (A) The purpose of the program to be supported by the fund;
   2. (B) The scope of the program, including financial information on fees to be charged, sources of projected revenue, and costs; and
   3. (C) An explanation of why the program cannot be implemented successfully under the general fund appropriation process;
2. (2) Reflects a clear nexus between the benefits sought and charges made upon the program users or beneficiaries or a clear link between the program and the sources of revenue, 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. (3) Provides an appropriate means of financing for the program or activity that is used only when essential to the successful operation of the program or activity; and
4. (4) Demonstrates the capacity to be financially self-sustaining.

[L 2002, c 178, pt of §2; am L 2013, c 130, §4]