36-123.03. Congenital heart defect special plate fund

A. The congenital heart defect special plate fund is established consisting of monies received pursuant to section 28-2470.02. The director shall administer the fund.  The first $32,000 received shall be reimbursed to the person who pays the implementation fee pursuant to section 28-2470.02. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated. The director shall annually distribute monies in the fund.

B. The director shall annually allocate monies from the fund, excluding administrative fees, to a hospital's foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets both of the following:

1. Is headquartered in this state.

2. Supports a hospital that has been operating in this state for at least thirty-seven years, that has a primary focus of pediatric patient care and that has a heart center.

C. The monies allocated from the fund shall be used only for congenital heart defect research, treatment and community education and outreach.

D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.