§ 28-2010 — Motorcycle safety fund; administration

A. The motorcycle safety fund is established consisting of monies deposited pursuant to subsection B of this section and monies from gifts, grants and other donations. The director of the governor's office of highway safety shall administer the fund. On notice from the director of the governor's office of highway safety, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. Up to ten percent of the monies in the fund may be used for administrative costs. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Notwithstanding section 28-2004, the director of the department of transportation shall deposit, pursuant to sections 35-146 and 35-147, $1 of each motorcycle registration fee collected pursuant to section 28-2003 in the motorcycle safety fund.

C. Subject to legislative appropriation, the director of the governor's office of highway safety shall use monies deposited in the motorcycle safety fund pursuant to this section to implement and support voluntary motorcycle education, awareness, training and other programs and may use the monies to cover the cost of materials for motorcycle safety, education and awareness programs.

D. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the motorcycle safety fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and may not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.