[§37-52.3] Criteria for the establishment and continuance of special funds. Special funds shall only be established 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) Serves the purpose for which it was originally established;
(2) Reflects a clear nexus between the benefits sought and charges made upon the users or beneficiaries of the program, 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) Provides an appropriate means of financing for the program or activity; and
(4) Demonstrates the capacity to be financially self- sustaining. [L 2002, c 178, pt of §2]