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H.B. 18 Enrolled
AN ACT RELATING TO ALCOHOLIC BEVERAGES; REQUIRING REPORTING ON THE
USE OF CERTAIN MONIES; PROVIDING CERTAIN PROCEDURES; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
32A-1-115, as last amended by Chapter 301, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 32A-1-115 is amended to read:
32A-1-115. Appropriation from the General Fund to municipalities and counties for
law enforcement and treatment -- Distribution to municipalities and counties.
(1) (a) The Legislature shall [
counties an amount not to exceed $4,350,000 from the revenues in the General Fund generated by:
(i) liquor control profits; and
(ii) proceeds of the beer excise tax [
with Section [
(b) (i) The appropriation under Subsection (1)(a) shall be used exclusively for programs
or projects related to prevention, treatment, detection, prosecution, and control of violations of this
title and other [
provided in Subsection (1)(b)(ii).
(ii) The portion distributed under this section to counties [
confinement or [
alcohol is a contributing factor.
(iii) Any [
exclusively as required by this Subsection (1)(b).
(c) The appropriation provided for under Subsection (1)(a) is intended to supplement the
budget of the [
within the state to enable the [
under Subsection (1)(b). The appropriation is not intended to replace funds that would otherwise
be allocated for [
(2) The [
distributed to [
(a) 25% to [
population [
(b) 30% to [
municipality and county's percentage of the statewide convictions for all alcohol-related offenses;
(c) 20% to [
stores, package agencies, liquor licensees, and beer licensees in the state which are located in each
[
(d) 25% to the counties for confinement and [
the state population located in each county.
(3) To determine the amount of the 30% due each [
based on convictions described in Subsection (2)(b), the State Tax Commission semiannually shall:
(a) double the total number of convictions in the state obtained between July 1, 1982, and
June 30, 1983, and during the same period in succeeding years for violation of Section 41-6-44 , or
an ordinance that complies with the requirements of Subsection 41-6-43 (1) or Section 76-5-207 , and
to that number, add the number of convictions obtained during the same period for all other
alcohol-related offenses;
(b) divide the figure equal to the 30% due each [
sum obtained in Subsection(a), to obtain the quotient for alcohol-related offenses statewide; and
(c) multiply the quotient obtained in Subsection (b), by the number of convictions obtained
in each [
same period in succeeding years, for violation of Section 41-6-44 , or an ordinance that complies with
the requirements of Subsection 41-6-43 (1) or Section 76-5-207 , and for all other alcohol-related
offenses to determine the total revenue due each entity, based on convictions. The number of
convictions for purposes of this Subsection shall be determined in the manner prescribed in
Subsection (3)(a).
(4) For purposes of this section, the number of state stores, package agencies, and licensees
located within the limits of each [
the department to be so located, and includes all private clubs, restaurants, airport lounges, package
agencies, and state stores, but not on-premise beer retailer licensees. For purposes of this section, the
number of state stores, package agencies, and licensees in a county consists only of that number
located within unincorporated areas of the county.
(5) (a) Population figures, for the purposes of this section, shall be determined according
to the [
Planning and Budget.
[
(b) A county's population figure for the 25% distribution to [
and counties shall be determined only with reference to the population in the unincorporated areas
of the county, and a county's population figure for the 25% distribution to counties only shall be
determined with reference to the total population in the county, including that of [
municipalities.
(6) (a) For purposes of this section, a conviction occurs in the [
county that actually prosecutes the offense to judgment. In the case of a conviction based upon a
guilty plea, the [
prosecuted the offense is entitled to credit for the conviction.
(b) For purposes of this section, "alcohol-related offense" means a violation of Section
41-6-44 ,or an ordinance that complies with the requirements of Subsection 41-6-43 (1) or Section
76-5-207 , or an offense involving the illegal sale, distribution, transportation, possession, or
consumption of alcohol.
(7) [
made semiannually to each [
(8) (a) The state court administrator, not later than September 1 each year, shall certify to
the State Tax Commission the number of convictions obtained for violation of Section 41-6-44 , an
ordinance that complies with the requirements of Subsection 41-6-43 (1), or Section 76-5-207 , and
for other alcohol-related offenses in each [
period specified in Subsection (3)(a), and for the same period each succeeding year.
(b) The State Tax Commission shall prepare forms for use by [
and counties in applying for revenues. The forms may require the submission of information the
State Tax Commission considers necessary to enable it to comply with this section.
(9) A municipality or county that receives any monies under this section during a fiscal year
shall report to the Utah Substance Abuse and Anti-Violence Coordinating Council created in Section
63-25a-201 by no later than October 1 following the fiscal year:
(a) the programs or projects of the municipality or county that receive monies under this
section;
(b) if the monies for programs or projects were exclusively used as required by Subsection
(1)(b);
(c) indicators of whether the programs or projects that receive monies under this section are
effective;
(d) if any monies received under this section were not expended by the municipality or
county; and
(e) a signature of the chief executive officer of the county or municipality attesting that the
monies received under this section were used in addition to any monies appropriated or otherwise
available for the local government's law enforcement and were not used to supplant those monies.
(10) (a) The Utah Substance Abuse and Anti-Violence Coordinating Council may, by a
majority vote:
(i) suspend future payments under Subsection (7) to a municipality or county that does not
file a report that meets the requirements of Subsection (9); and
(ii) cancel the suspension under Subsection (10)(a)(i).
(b) The State Tax Commission shall retain monies that a municipality or county does not
receive under Subsection (10)(a) and notify the Utah Substance Abuse and Anti-Violence
Coordinating Council of the balance after each semiannual payment under Subsection (7).
(c) The Utah Substance Abuse and Anti-Violence Coordinating Council shall award the
balance under Subsection (10)(b) as grants to any county or municipality or to the Department of
Public Safety, as prioritized by a majority vote.
(d) The Utah Substance Abuse and Anti-Violence Coordinating Council shall notify the
State Tax Commission of any changes under Subsection (10)(a) or grants awarded under Subsection
(10)(c).
(e) The State Tax Commission shall make payments of grants upon receiving notice as
provided under Subsection (10)(d).
Section 2. Effective date.
This act takes effect on July 1, 1999.
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