First Substitute H.B. 312

Representative Stephen H. Urquhart proposes the following substitute bill:

1 FUNDING FOR DEPARTMENT OF HEALTH
2 EARLY INTERVENTION PROGRAMS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen H. Urquhart
6 Senate Sponsor: Allen M. Christensen
7
8 LONG TITLE
9 General Description:
10 This bill provides ongoing funds from beer tax revenues to the Department of Health
11 Childhood Early Intervention Program.
12 Highlighted Provisions:
13 This bill:
14 . beginning July 1, 2007, creates a restricted account known as the "Childhood Early
15 Intervention Restricted Account";
16 . deposits the revenue from the beer tax into the restricted account;
17 . appropriates money from the restricted account to the Department of Health for
18 childhood early intervention programs; and
19 . requires an annual report from the Department of Health on the use of the money
20 and success of the programs.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 59-15-109, as last amended by Chapter 5, Laws of Utah 2003, Second Special Session
28 ENACTS:
29 26-1-37, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 26-1-37 is enacted to read:
33 26-1-37. Childhood Early Intervention Restricted Account.
34 (1) There is created within the General Fund a restricted account known as the
35 "Childhood Early Intervention Restricted Account."
36 (2) Beginning on July 1, 2007, the revenues described in Subsection
37 59-15-109 (1)(b)(ii) shall be deposited in the Childhood Early Intervention Restricted Account.
38 (3) (a) The revenue from the account shall be annually appropriated to the Department
39 of Health for childhood early intervention programs.
40 (b) The Department of Health shall provide an annual report to the Health and Human
41 Services Interim Committee on or before October 1, 2008 and on or before every October 1st
42 thereafter. The report shall include:
43 (i) the amount of funds received;
44 (ii) the use of the funds by the department; and
45 (iii) a description of the effectiveness of the programs funded by the account.
46 Section 2. Section 59-15-109 is amended to read:
47 59-15-109. Tax moneys to be paid to state treasurer.
48 (1) Taxes collected under this chapter shall be paid by the commission to the state
49 treasurer daily for deposit as follows:
50 [(a) for fiscal year 2003-04:]
51 [(i) $2,525,666 shall be deposited into the Alcoholic Beverage Enforcement and
52 Treatment Restricted Account created in Section 32A-1-115 ; and]
53 [(ii) the revenue collected in excess of $2,525,666 shall be deposited into the General
54 Fund;]
55 [(b) for fiscal year 2004-05:]
56 [(i) $3,133,777 shall be deposited into the Alcoholic Beverage Enforcement and

57 Treatment Restricted Account created in Section 32A-1-115 ; and]
58 [(ii) the revenue collected in excess of $3,133,777 shall be deposited into the General
59 Fund;]
60 [(c) for fiscal year 2005-06:]
61 [(i) $3,741,888 shall be deposited into the Alcoholic Beverage Enforcement and
62 Treatment Restricted Account created in Section 32A-1-115 ; and]
63 [(ii) the revenue collected in excess of $3,741,888 shall be deposited into the General
64 Fund;]
65 [(d)] (a) for fiscal year 2006-07:
66 (i) $4,350,000 shall be deposited into the Alcoholic Beverage Enforcement and
67 Treatment Restricted Account created in Section 32A-1-115 ; and
68 (ii) the revenue collected in excess of $4,350,000 shall be deposited into the General
69 Fund; and
70 [(e)] (b) beginning with fiscal year 2007-08:
71 (i) the greater of the following shall be deposited into the Alcoholic Beverage
72 Enforcement and Treatment Restricted Account created in Section 32A-1-115 :
73 (A) 40% of the revenue collected for the fiscal year two years preceding the fiscal year
74 for which the deposit is made; or
75 (B) $4,350,000; [and]
76 (ii) $2.5 million shall be deposited into the Childhood Early Intervention Restricted
77 Account created in Section 26-1-37 ; and
78 [(ii)] (iii) the revenue collected in excess of the amount deposited in accordance with
79 [Subsection (1)(e)(i)] Subsections (1)(b)(i) and (ii) shall be deposited into the General Fund.
80 (2) (a) Beginning with September 1, 2006, the commission shall notify the entities
81 described in Subsection (2)(b) not later than the September 1 preceding the fiscal year of the
82 deposit of:
83 (i) the amount of the proceeds of the beer excise tax collected in accordance with this
84 section for the fiscal year two years preceding the fiscal year of deposit; and
85 (ii) an amount equal to 40% of the amount listed in Subsection (2)(a)(i).
86 (b) The notification required by Subsection (2)(a) shall be sent to:
87 (i) the Governor's Office of Planning and Budget; and

88 (ii) the Legislative Fiscal Analyst.