Representative Jefferson S. Burton proposes the following substitute bill:


1     
DRUG AND ALCOHOL ENFORCEMENT AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson S. Burton

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     General Description:
9          This bill addresses enforcement of drug- and alcohol-related provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Department of Public Safety to use the Alcoholic Beverage Control Act
14     Enforcement Fund to maintain a certain number of drug enforcement officers, State
15     Bureau of Investigation officers, and social workers;
16          ▸     increases the deposits made into the Alcoholic Beverage Control Act Enforcement
17     Fund and the Alcoholic Beverage Enforcement and Treatment Restricted Account;
18     and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          This bill appropriates in fiscal year 2024:
22          ▸     Department of Public Safety - Alcoholic Beverage Control Act Enforcement Fund
23     as an ongoing appropriation:
24               •     from the General Fund, ($1,320,000).
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          32B-2-305, as last amended by Laws of Utah 2022, Chapter 453
30          59-15-109, as last amended by Laws of Utah 2021, Chapter 382
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 32B-2-305 is amended to read:
34          32B-2-305. Alcoholic Beverage Control Act Enforcement Fund.
35          (1) As used in this section:
36          (a) "Alcohol-related law enforcement officer" [is as] means the same as that term is
37     defined in Section 32B-1-201.
38          (b) "Drug-related law enforcement officer" means a law enforcement officer employed
39     by the Department of Public Safety who has enforcement of drug-related offenses as a primary
40     responsibility.
41          (c) "Enforcement ratio" [is as] means the same as that term is defined in Section
42     32B-1-201.
43          [(c)] (d) "Fund" means the Alcoholic Beverage Control Act Enforcement Fund created
44     in this section.
45          (e) "SBI drug-related law enforcement officer" means a law enforcement officer
46     employed by the State Bureau of Investigation within the Department of Public Safety who has
47     investigation of drug-related offenses as a primary responsibility.
48          (f) "Social worker" means an individual licensed under Title 58, Chapter 60, Part 2,
49     Social Worker Licensing Act, and employed by the Department of Public Safety who has
50     provision of caseworker services to individuals under 21 years old as a primary responsibility.
51          (2) There is created an expendable special revenue fund known as the "Alcoholic
52     Beverage Control Act Enforcement Fund."
53          (3) (a) The fund consists of:
54          (i) deposits made under Subsection (4); and
55          (ii) interest earned on the fund.
56          (b) (i) The fund shall earn interest.
57          (ii) Interest on the fund shall be deposited into the fund.
58          (4) After the deposit made under Section 32B-2-304 for the school lunch program, the
59     department shall deposit [0.875%] 1.695% of the total gross revenue from the sale of liquor
60     with the state treasurer to be credited to the fund to be:
61          (a) used by the Department of Public Safety as provided in Subsection (5); and
62          (b) reallocated to the General Fund as described in Subsection (6).
63          (5) (a) The Department of Public Safety shall expend money from the fund to:
64          (i) supplement appropriations by the Legislature so that the Department of Public
65     Safety maintains a sufficient number of alcohol-related law enforcement officers such that
66     [beginning on July 1, 2012,] each year the enforcement ratio as of July 1 is equal to or less than
67     the number specified in Section 32B-1-201[.]; and
68          (ii) maintain at least:
69          (A) 10 drug-related law enforcement officers;
70          (B) eight SBI drug-related law enforcement officers; and
71          (C) two social workers.
72          (b) [Beginning July 1, 2012, four] Four of the alcohol-related law enforcement officers
73     described in Subsection (5)(a)(i) shall have as a primary focus the enforcement of this title in
74     relationship to restaurants.
75          (6) For fiscal year 2023, the Division of Finance shall deposit into the General Fund $3
76     million of unspent money in the fund.
77          Section 2. Section 59-15-109 is amended to read:
78          59-15-109. Tax money to be paid to state treasurer.
79          (1) Except as provided in Subsection (2), taxes collected under this chapter shall be
80     paid by the commission to the state treasurer daily for deposit as follows:
81          (a) the greater of the following shall be deposited into the Alcoholic Beverage
82     Enforcement and Treatment Restricted Account created in Section 32B-2-403:
83          (i) an amount calculated by:
84          (A) determining an amount equal to [40%] 50% of the revenue collected for the fiscal
85     year two years preceding the fiscal year for which the deposit is made; and
86          (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
87          (ii) $4,350,000; and
88          (b) the revenue collected in excess of the amount deposited in accordance with
89     Subsection (1)(a) shall be deposited into the General Fund.
90          (2) [For a fiscal year beginning on or after July 1, 2020, the] The state treasurer shall
91     annually deposit into the Alcoholic Beverage Enforcement and Treatment Restricted Account
92     created in Section 32B-2-403 an amount equal to the amount of revenue generated in the
93     current fiscal year by the portion of the tax imposed under Section 59-15-101 that exceeds:
94          (a) $12.80 per 31-gallon barrel for beer imported or manufactured:
95          (i) on or after July 1, 2003; and
96          (ii) for sale, use, or distribution in this state; and
97          (b) a proportionate rate to the rate described in Subsection (2)(a) for:
98          (i) any quantity of beer other than a 31-gallon barrel; or
99          (ii) the fractional parts of a 31-gallon barrel.
100          (3) (a) The commission shall notify the entities described in Subsection (3)(b) not later
101     than the September 1 preceding the fiscal year of the deposit of:
102          (i) the amount of the proceeds of the beer excise tax collected in accordance with this
103     section for the fiscal year two years preceding the fiscal year of deposit; and
104          (ii) an amount equal to [40%] 50% of the amount listed in Subsection (3)(a)(i).
105          (b) The notification required by Subsection (3)(a) shall be sent to:
106          (i) the Governor's Office of Planning and Budget; and
107          (ii) the Legislative Fiscal Analyst.
108          Section 3. Appropriation.
109          The following sums of money are appropriated for the fiscal year beginning July 1,
110     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
111     fiscal year 2024. The Legislature has reviewed the following expendable funds. The Legislature
112     authorizes the State Division of Finance to transfer amounts between funds and accounts as
113     indicated. Outlays and expenditures from the funds or accounts to which the money is
114     transferred may be made without further legislative action, in accordance with statutory
115     provisions relating to the funds or accounts.
116     ITEM 1
117     To Department of Public Safety - Alcoholic Beverage Control Act Enforcement Fund
118          From General Fund
(1,320,000)

119          Schedule of Programs:
120               Alcoholic Beverage Control Act Enforcement Fund               (1,320,000)
121          Section 4. Effective date.
122          This bill takes effect on July 1, 2023.