(1) As used in this section: (a) "Account" means the Income Tax Surplus Restricted Account created in Subsection (2). (b) "Material increase in state income tax revenue" means the same as that term is defined in Section 59-1-214. (2) There is created within the Income Tax Fund a restricted account known as the "Income Tax Surplus Restricted Account." (3) The account shall be funded by the revenue deposited into the account in accordance with Subsection (5). (4) (a) The account shall earn interest. (b) The interest described in Subsection (4)(a) shall be deposited into the account. (5) After receiving from the commission an electronic report under Subsection 59-1-214(6)(b) indicating the likelihood of a material increase in state income tax revenue, the Division of Finance shall, at the end of the fiscal year for which the material increase in state income tax revenue is expected, deposit into the account an amount of income tax revenue that is equal to the estimate of the amount of the material increase in state income tax revenue specified in the report. (6) Upon appropriation, the money in the account may be used for the purposes specified by the Legislature in accordance with Utah Constitution, Article X, Section 1.
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