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First Substitute H.B. 18
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6 AN ACT RELATING TO ALCOHOLIC BEVERAGES; REQUIRING REPORTING ON THE
7 USE OF CERTAIN MONIES; PROVIDING CERTAIN PROCEDURES; AND PROVIDING AN
8 EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 32A-1-115, as last amended by Chapter 301, Laws of Utah 1993
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 32A-1-115 is amended to read:
14 32A-1-115. Appropriation from the General Fund to municipalities and counties for
15 law enforcement and rehabilitation -- Distribution to municipalities and counties.
16 (1) (a) The Legislature shall [
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18 counties an amount not to exceed $4,350,000 from the revenues in the General Fund generated by:
19 (i) liquor control profits; and
20 (ii) proceeds of the beer excise tax [
21 with Section [
22 (b) (i) The appropriation under Subsection (1)(a) shall be used exclusively for programs
23 or projects related to prevention, treatment, detection, prosecution, and control of violations of this
24 title and other [
25 provided in Subsection (1)(b)(ii).
26 (ii) The portion distributed under this section to counties [
27 confinement or [
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29 alcohol is a contributing factor.
30 (iii) Any [
31 exclusively as required by this Subsection (1)(b).
32 (c) The appropriation provided for under Subsection (1)(a) is intended to supplement the
33 budget of the [
34 within the state to enable the [
35 [
36 described under Subsection (1)(b). The appropriation is not intended to replace funds that would
37 otherwise be allocated for [
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39 (2) The [
40 distributed to [
41 (a) 25% to [
42 state population [
43 (b) 30% to [
44 municipality and county's percentage of the statewide convictions for all alcohol-related offenses;
45 (c) 20% to [
46 state stores, package agencies, liquor licensees, and beer licensees in the state which are located
47 in each [
48 (d) 25% to the counties for confinement and h [
49 rehabilitation facilities
49a percentage of the state
50 population located in each county.
51 (3) To determine the amount of the 30% due each [
52 based on convictions described in Subsection (2)(b), the State Tax Commission semiannually
53 shall:
54 (a) double the total number of convictions in the state obtained between July 1, 1982, and
55 June 30, 1983, and during the same period in succeeding years for violation of Section 41-6-44 ,
56 or an ordinance that complies with the requirements of Subsection 41-6-43 (1) or Section 76-5-207 ,
57 and to that number, add the number of convictions obtained during the same period for all other
58 alcohol-related offenses;
59 (b) divide the figure equal to the 30% due each [
60 the sum obtained in Subsection(a), to obtain the quotient for alcohol-related offenses statewide;
61 and
62 (c) multiply the quotient obtained in Subsection (b), by the number of convictions obtained
63 in each [
64 same period in succeeding years, for violation of Section 41-6-44 , or an ordinance that complies
65 with the requirements of Subsection 41-6-43 (1) or Section 76-5-207 , and for all other
66 alcohol-related offenses to determine the total revenue due each entity, based on convictions. The
67 number of convictions for purposes of this Subsection shall be determined in the manner
68 prescribed in Subsection (3)(a).
69 (4) For purposes of this section, the number of state stores, package agencies, and licensees
70 located within the limits of each [
71 by the department to be so located, and includes all private clubs, restaurants, airport lounges,
72 package agencies, and state stores, but not on-premise beer retailer licensees. For purposes of this
73 section, the number of state stores, package agencies, and licensees in a county consists only of that
74 number located within unincorporated areas of the county.
75 (5) (a) Population figures, for the purposes of this section, shall be determined according
76 to the [
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78 Planning and Budget.
79 [
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82 (b) A county's population figure for the 25% distribution to [
83 and counties shall be determined only with reference to the population in the unincorporated areas
84 of the county, and a county's population figure for the 25% distribution to counties only shall be
85 determined with reference to the total population in the county, including that of [
86 municipalities.
87 (6) (a) For purposes of this section, a conviction occurs in the [
88 or county that actually prosecutes the offense to judgment. In the case of a conviction based upon
89 a guilty plea, the [
90 prosecuted the offense is entitled to credit for the conviction.
91 (b) For purposes of this section, "alcohol-related offense" means a violation of Section
92 41-6-44 ,or an ordinance that complies with the requirements of Subsection 41-6-43 (1) or Section
93 76-5-207 , or an offense involving the illegal sale, distribution, transportation, possession, or
94 consumption of alcohol.
95 (7) [
96 be made semiannually to each [
97 (8) (a) The state court administrator, not later than September 1 each year, shall certify to
98 the State Tax Commission the number of convictions obtained for violation of Section 41-6-44 ,
99 an ordinance that complies with the requirements of Subsection 41-6-43 (1), or Section 76-5-207 ,
100 and for other alcohol-related offenses in each [
101 during the period specified in Subsection (3)(a), and for the same period each succeeding year.
102 (b) The State Tax Commission shall prepare forms for use by [
103 municipalities and counties in applying for revenues. The forms may require the submission of
104 information the State Tax Commission considers necessary to enable it to comply with this section.
105 (9) A municipality or county that receives any monies under this section during a fiscal
106 year shall report to the Utah Substance Abuse and Anti-Violence Coordinating Council created in
107 Section 63-25a-201 by no later than October 1 following the fiscal year:
108 (a) the programs or projects of the municipality or county that receive monies under this
109 section;
110 (b) if the monies for programs or projects were exclusively used as required by Subsection
111 (1)(b);
112 (c) indicators of whether the programs or projects that receive monies under this section
113 are effective;
114 (d) if any monies received under this section were not expended by the municipality or
115 county; and
116 (e) a signature of the chief executive officer of the county or municipality attesting that the
117 monies received under this section were used in addition to any monies appropriated or otherwise
118 available for the local government's law enforcement and were not used to supplant those monies.
119 (10) (a) The Utah Substance Abuse and Anti-Violence Coordinating Council may, by a
120 majority vote:
121 (i) suspend future payments under Subsection (7) to a municipality or county that does not
122 file a report that meets the requirements of Subsection (9); and
123 (ii) cancel the suspension under Subsection (10)(a)(i).
124 (b) The State Tax Commission shall retain monies that a municipality or county does not
125 receive under Subsection (10)(a) and notify the Utah Substance Abuse and Anti-Violence
126 Coordinating Council of the balance after each semiannual payment under Subsection (7).
127 (c) The Utah Substance Abuse and Anti-Violence Coordinating Council shall award the
128 balance under Subsection (10)(b) as grants to any county or municipality or to the Department of
129 Public Safety, as prioritized by a majority vote.
130 (d) The Utah Substance Abuse and Anti-Violence Coordinating Council shall notify the
131 State Tax Commission of any changes under Subsection (10)(a) or grants awarded under
132 Subsection (10)(c).
133 (e) The State Tax Commission shall make payments of grants upon receiving notice as
134 provided under Subsection (10)(d).
135 Section 2. Effective date.
136 This act takes effect on July 1, 1999.
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