26B-1-308. Rural health care funds -- Source of revenues -- Interest -- Distribution of revenues -- Expenditure of revenues -- Unexpended revenues lapse into the General Fund.
(1) As used in this section: "Emergency medical services" is as defined in Section. 53-2d-101 "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x. "Fiscal year" means a one-year period beginning on July 1 of each year. "Freestanding urgent care center" is as defined in Section. 59-12-801 "Nursing care facility" is as defined in Section. 26B-2-201 "Rural city hospital" is as defined in Section. 59-12-801 "Rural county health care facility" is as defined in Section. 59-12-801 "Rural emergency medical services" is as defined in Section. 59-12-801 "Rural health care funds" means money appropriated by the Legislature to improve the delivery of quality health care in rural areas of the state. "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
(2) Subject to Subsections (3) and (4), the State Tax Commission shall for a fiscal year distribute rural health care funds to each: county legislative body of a county that, on January 1, 2007, imposes a tax in accordance with Sectionand has not repealed the tax; or 59-12-802 city legislative body of a city that, on January 1, 2007, imposes a tax in accordance with Sectionand has not repealed the tax. 59-12-804
(3) Subject to Subsection (4), for purposes of the distribution required by Subsection (2), the State Tax Commission shall: estimate for each county and city described in Subsection (2) the amount by which the revenues collected from the taxes imposed under Sectionsandfor fiscal year 2005-06 would have been reduced had: 59-12-802 59-12-804 the amendments made by, Sections 25 and 26, to Sectionsandbeen in effect for fiscal year 2005-06; and 59-12-802 59-12-804 each county and city described in Subsection (2) imposed the tax under Sectionsandfor the entire fiscal year 2005-06; 59-12-802 59-12-804 for fiscal years ending before fiscal year 2018, calculate a percentage for each county and city described in Subsection (2) by dividing the amount estimated for each county and city in accordance with Subsection (3)(a)(i) by $555,000; and beginning in fiscal year 2018, calculate a percentage for each county and city described in Subsection (2) by dividing the amount estimated for each county and city in accordance with Subsection (3)(a)(i) by $218,809.33; distribute to each county and city described in Subsection (2) an amount equal to the product of: the percentage calculated in accordance with Subsection (3)(a)(ii); and the amount appropriated by the Legislature as rural health care funds for the fiscal year. The State Tax Commission shall make the estimations, calculations, and distributions required by Subsection (3)(a) on the basis of data collected by the State Tax Commission.
(4) If a county legislative body repeals a tax imposed under Sectionor a city legislative body repeals a tax imposed under Section: 59-12-802 59-12-804 the State Tax Commission shall determine in accordance with Subsection (3) the distribution that, but for this Subsection (4), the county legislative body or city legislative body would receive; and after making the determination required by Subsection (4)(a), the State Tax Commission shall: if the effective date of the repeal of a tax imposed under Sectionoris October 1: 59-12-802 59-12-804 distribute to the county legislative body or city legislative body 25% of the distribution determined in accordance with Subsection (4)(a); and deposit 75% of the distribution determined in accordance with Subsection (4)(a) into the General Fund; and beginning with the first fiscal year after the effective date of the repeal and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund; if the effective date of the repeal of a tax imposed under Sectionoris January 1: 59-12-802 59-12-804 distribute to the county legislative body or city legislative body 50% of the distribution determined in accordance with Subsection (4)(a); and deposit 50% of the distribution determined in accordance with Subsection (4)(a) into the General Fund; and beginning with the first fiscal year after the effective date of the repeal and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund; if the effective date of the repeal of a tax imposed under Sectionoris April 1: 59-12-802 59-12-804 distribute to the county legislative body or city legislative body 75% of the distribution determined in accordance with Subsection (4)(a); and deposit 25% of the distribution determined in accordance with Subsection (4)(a) into the General Fund; and beginning with the first fiscal year after the effective date of the repeal and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund; or if the effective date of the repeal of a tax imposed under Sectionoris July 1, beginning on that effective date and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund. 59-12-802 59-12-804
(5) Subject to Subsection (5)(b) and Section, a county legislative body shall distribute the money the county legislative body receives in accordance with Subsection (3) or (4): 59-12-802 for a county of the third or fourth class, to fund rural county health care facilities in that county; and for a county of the fifth or sixth class, to fund: rural emergency medical services in that county; federally qualified health centers in that county; freestanding urgent care centers in that county; rural county health care facilities in that county; rural health clinics in that county; or a combination of Subsections (5)(a)(ii)(A) through. (E) A county legislative body shall distribute the money the county legislative body receives in accordance with Subsection (3) or (4) to a center, clinic, facility, or service described in Subsection (5)(a) as determined by the county legislative body. A center, clinic, facility, or service that receives a distribution in accordance with this Subsection (5) shall expend that distribution for the same purposes for which money collected from a tax under Sectionmay be expended. 59-12-802
(6) Subject to Subsection (6)(b), a city legislative body shall distribute the money the city legislative body receives in accordance with Subsection (3) or (4) to fund rural city hospitals in that city. A city legislative body shall distribute a percentage of the money the city legislative body receives in accordance with Subsection (3) or (4) to each rural city hospital described in Subsection (6)(a) equal to the same percentage that the city legislative body distributes to that rural city hospital in accordance with Sectionfor the calendar year ending on the December 31 immediately preceding the first day of the fiscal year for which the city legislative body receives the distribution in accordance with Subsection (3) or (4). 59-12-805 A rural city hospital that receives a distribution in accordance with this Subsection (6) shall expend that distribution for the same purposes for which money collected from a tax under Sectionmay be expended. 59-12-804