§ 8-467 — Child welfare licensing fees; fund; uses; trust; definition

A. The department may establish and collect fees from noncontracting licensees for the purpose of licensing and supervising noncontracting licensees. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this subsection in the child welfare licensing fee fund.

B. The child welfare licensing fee fund is established consisting of all fees collected pursuant to subsection A of this section and monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are both of the following:

1. Subject to legislative appropriation.

2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from the investment shall be credited to the fund.

D. Fund monies shall be used to pay the costs incurred by the department for both of the following:

1. The issuance of licenses to noncontracting licensees.

2. The inspection, examination, suspension, denial, revocation or change of licenses of noncontracting licensees pursuant to sections 8-504 and 8-506.01.

E. Any fee that is authorized by law or rule and that is deposited in the fund is held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund of this state.

F. For the purposes of this section, "noncontracting licensee" means a licensee that does not contract with this state, that contracts with the federal government, that receives only federal monies and that employs individuals who provide direct services to children.