75E-10-405. County and state obligations.
(1)
(a) Except as provided in Subsection (1)(b), a participating county shall annually pay into the fund an amount which the commission determines is sufficient to make a deficit in any calendar year unlikely, equal to the total fund assessment for that year, multiplied by the average of:
(i) the percent of the participating county's population to the total population of all participating counties; and
(ii) the percent of the participating county's taxable value of the locally and centrally assessed property located within that county to the total taxable value of the locally and centrally assessed property of all participating counties.
(b) The fund minimum is equal to or greater than 50 cents per individual of all counties participating.
(c) The amount paid by a participating county under this Subsection (1) is the total county obligation for payment of costs in accordance with Section 75E-10-402.
(2)
(a) A county that elects to initiate participation in the fund, or reestablish participation in the fund after participation was terminated, is required to make an equity payment in addition to the assessment required by Subsection (1).
(b) The equity payment is determined by the commission and represent what the county's equity in the fund would be if the county had made assessments into the fund for each of the previous two years.
(3) If the fund balance after contribution by the state and participating counties is insufficient to replenish the fund annually to at least $250,000, the commission by a majority vote may terminate the fund.
(4) If the fund is terminated, the remaining money shall continue to be administered and disbursed in accordance with the provision of this chapter until exhausted, at which time the fund shall cease to exist.
(5)
(a) If the fund runs a deficit during any calendar year, the state is responsible for the deficit.
(b) In the calendar year following a deficit year, the commission shall increase the assessment required by Subsection (1) by an amount at least equal to the deficit of the previous year, which combined amount becomes the base assessment until another deficit year occurs.
(6) In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the commission shall request a supplemental appropriation to pay for the deficit from the Legislature in the following general session.
(7) The state shall pay any or all of the reasonable and necessary money for the deficit into the fund.
Renumbered and Amended by Chapter 291, 2026 General Session
