(a)
(1) The State Board of Health may assess a fee for the maintenance of breath testing instruments by law enforcement agencies for purposes contained in § 5-65-101 et seq. and § 5-65-201 et seq.
(2) The fees collected shall be used for the support of the maintenance program as appropriated by law.
(3) This subsection does not exclude manufacturer-approved repair services.
(b) The fee imposed shall not exceed the cost of maintenance by the Department of Health.
(c)
(1) Funds derived from the fees levied under this section are special revenues and shall be collected by the department and deposited into the State Treasury, where they shall be credited to the Public Health Fund.
(2) Subject to such rules and regulations as may be implemented by the Chief Fiscal Officer of the State, the disbursing officers for the department may transfer all unexpended funds relative to the blood alcohol instrument maintenance program funds outlined in this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for the expenditures for the same purpose for any following year.
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