§ 25-7-129 — Disposition of fines - community impact cash fund - repeal

(1)
There is hereby created in the state treasury the community impact cash fund,
referred to in this section as the fund. The fund consists of money credited to the
fund pursuant to subsection (2) of this section and any other money that the
general assembly may appropriate or transfer to the fund. The state treasurer shall
credit all interest and income derived from the deposit and investment of money in
the fund to the fund. Any unexpended and unencumbered money remaining in the
fund at the end of any fiscal year remains in the fund.

(2) (a) The state treasurer shall credit the receipts from penalties or fines
collected under sections 25-7-115, 25-7-122, and 25-7-123 in the following manner:

(I) For state fiscal year 2021-22, twenty percent of the receipts from
penalties or fines collected during the fiscal year shall be credited to the fund, and
eighty percent to the general fund;

(II) For state fiscal year 2022-23, forty percent of the receipts from penalties
or fines collected during the fiscal year shall be credited to the fund, and sixty
percent to the general fund;

(III) For state fiscal year 2023-24, sixty percent of the receipts from
penalties or fines collected during the fiscal year shall be credited to the fund, and
forty percent to the general fund;

(IV) For state fiscal year 2024-25, eighty percent of the receipts from
penalties or fines collected during the fiscal year shall be credited to the fund, and
twenty percent to the general fund; and

(V) For state fiscal year 2025-26 and any state fiscal year thereafter:

(A) The first one million dollars to the motor vehicle emissions assistance
fund established in section 25-7-129.5; and

(B) One hundred percent of the remainder to the fund.

(b) This subsection (2)(b) and subsections (2)(a)(I), (2)(a)(II), (2)(a)(III), and
(2)(a)(IV) of this section are repealed, effective September 1, 2027.

(3) (a) Beginning in fiscal year 2022-23, the department may expend money
from the fund to provide grants for environmental mitigation projects pursuant to
section 25-1-134 (2)(g)(VII).

(b) Money in the fund may also pay for the direct and indirect costs of the
environmental justice advisory board created in section 25-1-134 (2), including per
diem and expenses of the advisory board, and the department's costs for
administering the grant program created in section 25-1-134 (2)(g)(VII).

(c) Money in the fund is exempt from section 24-75-402 (3).

(d) The department may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes set forth in this subsection (3).

(e) Subject to annual appropriation by the general assembly, the department
may expend money from the fund to accomplish the purposes set forth in this
subsection (3).

(f) The department may expend money from the fund for purposes of any
environmental equity and cumulative impact analyses in accordance with section
25-1-133.

(4) (a) On July 1, 2025, the state treasurer shall transfer six million dollars
from the fund to the general fund.

(b) This subsection (4) is repealed, effective July 1, 2026.

Legislative History

Source: L. 79: Entire article R&RE, p. 1049, � 1, effective June 20. L. 2021: Entire section amended, (HB 21-1266), ch. 411, p. 2740, � 13, effective July 2. L. 2025: (4) added, (SB 25-264), ch. 129, p. 506, � 33, effective April 25; IP(2)(a) and (2)(a)(V) amended, (SB 25-321), ch. 387, p. 2177, � 6, effective June 3; (3)(e) amended, (SB 25-265), ch. 130, p. 511, � 2, effective July 1; (3)(f) added, (HB 25-1267), ch. 252, p. 1263, � 5, effective August 6.