77-32-603 - County and state obligations.
77-32-603. County and state obligations.
(1) (a) Except as provided in Subsection (1)(b), each participating county shall pay intothe fund annually an amount calculated by multiplying the average of the percent of itspopulation to the total population of all participating counties and of the percent its taxable valueof the locally and centrally assessed property located with that county to the total taxable value ofthe locally and centrally assessed property to all participating counties by the total fundassessment for that year to be paid by all participating counties as is determined by the board tobe 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 allcounties participating.
(c) The amount paid by the participating county pursuant to Subsection (1) shall be thetotal 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 initiateparticipation in the fund, or reestablish participation in the fund after participation wasterminated, shall be required to make an equity payment in addition to the assessment providedin Subsection (1).
(b) The equity payment shall be determined by the board and represent what the county'sequity in the fund would be if the county had made assessments into the fund for each of theprevious two years.
(3) If the fund balance after contribution by the state and participating counties isinsufficient to replenish the fund annually to at least $250,000, the board by a majority vote mayterminate the fund.
(4) If the fund is terminated, all remaining funds shall continue to be administered anddisbursed in accordance with the provision of this chapter until exhausted, at which time the fundshall cease to exist.
(5) (a) If the fund runs a deficit during any calendar year, the state is responsible for thedeficit.
(b) In the calendar year following a deficit year, the board shall increase the assessmentrequired by Subsection (1) by an amount at least equal to the deficit of the previous year, whichcombined 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 inthe following general session. The state shall pay any or all of the reasonable and necessarymoney for the deficit into the Indigent Capital Defense Trust Fund.
Amended by Chapter 333, 1998 General Session