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First Substitute H.B. 18

Representative Nora B. Stephens proposes to substitute the following bill:


             1     
FUNDING FORMULA FOR ALCOHOL

             2     
OFFENSES ENFORCEMENT

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Nora B. Stephens

             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 [provide an appropriation from the General Fund from liquor
             17      control profits to cities, towns, and counties and] annually appropriate to municipalities and
             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 [under] deposited in the General Fund in accordance
             21      with Section [ 59-15-101 in an amount not exceeding $4,350,000] 59-15-109 .
             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 [alcohol-related] offenses in which alcohol is a contributing factor except as
             25      provided in Subsection (1)(b)(ii).


             26          (ii) The portion distributed under this section to counties [shall] may also be used for the
             27      confinement or [rehabilitation, and construction and maintenance of facilities for confinement or
             28      rehabilitation,] treatment of persons arrested for or convicted of [alcohol-related] offenses in which
             29      alcohol is a contributing factor.
             30          (iii) Any [city, town,] municipality or county entitled to receive funds shall use the funds
             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 [law enforcement] appropriate agencies of each [city, town,] municipality and county
             34      within the state to enable the [cities, towns,] municipalities and counties to more effectively
             35      [enforce the liquor laws of the state and alcohol-related offenses] fund the programs and projects
             36      described under Subsection (1)(b). The appropriation is not intended to replace funds that would
             37      otherwise be allocated for [law enforcement and confinement or rehabilitation or both, of persons
             38      arrested for or convicted of alcohol-related offenses] those programs and projects.
             39          (2) The [amount of $4,350,000] appropriation provided for in Subsection (1)(a) shall be
             40      distributed to [cities, towns,] municipalities and counties on the following basis:
             41          (a) 25% to [cities, towns,] municipalities and counties based upon the percentage of the
             42      state population [located] residing in each [city, town,] municipality and county;
             43          (b) 30% to [cities, towns,] municipalities and counties based upon each [city, town,]
             44      municipality and county's percentage of the statewide convictions for all alcohol-related offenses;
             45          (c) 20% to [cities, towns,] municipalities and counties based upon the percentage of all
             46      state stores, package agencies, liquor licensees, and beer licensees in the state which are located
             47      in each [city, town,] municipality and county; and
             48          (d) 25% to the counties for confinement and h [ rehabilitation and confinement and
             49      rehabilitation facilities
]
TREATMENT h purposes authorized in this section based upon the
             49a      percentage of the state
             50      population located in each county.
             51          (3) To determine the amount of the 30% due each [city, town,] municipality and county
             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 [city, town,] municipality and county by
             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 [city, town,] municipality and county between July 1, 1982 and June 30, 1983, and for the
             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 [city, town,] municipality and county is the number determined
             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 [last decennial census taken by the United States Department of Commerce, or its five-year
             77      update, whichever is more recent] most current population estimates prepared by the Office of
             78      Planning and Budget.
             79          [If population estimates are not made for any county, city, or town by the United States
             80      Bureau of Census, population figures shall be determined according to the biennial estimate from
             81      the Utah Population Estimates Committee.]
             82          (b) A county's population figure for the 25% distribution to [cities, towns,] municipalities
             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 [cities and towns]
             86      municipalities.
             87          (6) (a) For purposes of this section, a conviction occurs in the [city, town,] municipality


             88      or county that actually prosecutes the offense to judgment. In the case of a conviction based upon
             89      a guilty plea, the [city, town,] municipality or county that, except for the guilty plea, would have
             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) [Payments] Except as provided in Subsection (9), payments under this section shall
             96      be made semiannually to each [city, town,] municipality and county.
             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 [city, town,] municipality or county in the state
             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 [cities, towns,]
             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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