77-32-603. County and state obligations.
(1) (a) Except as provided in Subsection (1)(b), each participating county shall pay into
the fund annually an amount calculated by multiplying the average of the percent of its population
to the total population of all participating counties and of the percent its taxable value of the
locally and centrally assessed property located with that county to the total taxable value of the
locally and centrally assessed property to all participating counties by the total fund assessment
for that year to be paid by all participating counties as is determined by the board to be sufficient
such that it is unlikely that a deficit will occur in the fund in any calendar year.
(b) The fund minimum shall be equal to or greater than 50 cents per person of all counties
participating.
(c) The amount paid by the participating county pursuant to Subsection (1) shall be the
total county obligation for payment of costs pursuant to Section 77-32-601.
(2) (a) After the first year of operation of the fund, any county that elects to initiate
participation in the fund, or reestablish participation in the fund after participation was terminated,
shall be required to make an equity payment in addition to the assessment provided in Subsection
(1).
(b) The equity payment shall be determined by the board 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 board by a majority vote may
terminate the fund.
(4) If the fund is terminated, all remaining funds 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 board 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 any calendar year in which the fund runs a deficit, or is projected to run a deficit,
the board shall request a supplemental appropriation to pay for the deficit from the Legislature in
the following general session. The state shall pay any or all of the reasonable and necessary
monies for the deficit into the Indigent Capital Defense Trust Fund.
Amended by Chapter 333, 1998 General Session
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Last revised: Thursday, May 28, 2009