63J-1-314. Deposits related to the Wildland Fire Suppression Fund and the Disaster Recovery Funding Act — Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund.
| (1) |
As used in this section, “operating deficit” means that, at the end of the fiscal year, the unassigned fund balance in the General Fund is less than zero. |
Terms Used In Utah Code 63J-1-314
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
Except as provided under Subsections (3) and (4), at the end of each fiscal year, the Division of Finance shall, after the transfer of General Fund revenue surplus has been made to the Medicaid Growth Reduction and Budget Stabilization Account, as provided in Section 63J-1-315, and the General Fund Budget Reserve Account, as provided in Section 63J-1-312, transfer:
| (a) |
to the Wildland Fire Suppression Fund created in Section 65A-8-204 an amount equal to the lesser of:
| (ii) |
an amount necessary to make the balance in the Wildland Fire Suppression Fund equal to $12,000,000; |
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| (b) |
if no money is transferred to the Wildland Fire Suppression Fund under Subsection (2)(a), to the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund created in Section 65A-8-215 an amount equal to the lesser of:
| (ii) |
the amount necessary to make the balance in the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund equal to $12,000,000; and |
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| (c) |
an amount into the State Disaster Recovery Restricted Account, created in Section 53-2a-603, from the General Fund revenue surplus as defined in Section 63J-1-312, calculated by:
| (i) |
determining the amount of General Fund revenue surplus after the transfer to the Medicaid Growth Reduction and Budget Stabilization Account under Section 63J-1-315, the General Fund Budget Reserve Account under Section 63J-1-312, and the transfer to the Wildland Fire Suppression Fund as described in Subsection (2)(a); |
| (ii) |
calculating an amount equal to the lesser of:
| (A) |
25% of the amount determined under Subsection (2)(c)(i); or |
| (B) |
6% of the total of the General Fund appropriation amount for the fiscal year in which the surplus occurs; and |
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| (iii) |
adding to the amount calculated under Subsection (2)(c)(ii) an amount equal to the lesser of:
| (A) |
25% more of the amount described in Subsection (2)(c)(i); or |
| (B) |
the amount necessary to replace, in accordance with this Subsection (2)(c)(iii), any amount appropriated from the State Disaster Recovery Restricted Account within 10 fiscal years before the fiscal year in which the surplus occurs if:
| (I) |
a surplus exists; and |
| (II) |
the Legislature appropriates money from the State Disaster Recovery Restricted Account that is not replaced by appropriation or as provided in this Subsection (2)(c)(iii). |
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| (3) |
| (a) |
Notwithstanding Subsection (2), if, at the end of a fiscal year, the Division of Finance determines that an operating deficit exists, the division shall reduce the transfer to the State Disaster Recovery Restricted Account by an amount necessary to eliminate the operating deficit, up to the full amount of the transfer. |
| (b) |
If, after reducing the transfer to the State Disaster Recovery Account to zero under Subsection (3)(a), the Division of Finance determines that an operating deficit still exists, the division shall reduce the transfer to the Wildland Fire Suppression Fund by an amount necessary to eliminate the operating deficit, up to the full amount of the transfer. |
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| (4) |
Notwithstanding Subsection (2):
| (a) |
for the period beginning July 1, 2015, and ending June 30, 2020, the Division of Finance shall transfer to the Local Government Emergency Response Loan Fund 25% of the amount to be transferred into the State Disaster Recovery Restricted Account as provided in Subsection (2)(c)(ii); |
| (b) |
on and after July 1, 2020, the Division of Finance shall transfer to the Local Government Emergency Response Loan Fund 10% of the amount to be transferred into the State Disaster Recovery Restricted Account as provided in Subsection (2)(c) ; and |
| (c) |
on and after July 1, 2023, the Division of Finance shall transfer to the Response, Recovery, and Post-disaster Mitigation Restricted Account 25% of the amount to be transferred into the State Disaster Recovery Restricted Account as provided in Subsection (2)(c). |
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Amended by Chapter 153, 2023 General Session
Amended by Chapter 434, 2023 General Session
