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H.B. 18
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6 AN ACT RELATING TO ALCOHOLIC BEVERAGES; AMENDING THE DISTRIBUTION OF
7 TAXES AND LIQUOR PROFITS; REQUIRING REPORTING ON THE USE OF MONIES;
8 AND PROVIDING AN 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 59-15-101 [
22 (b) (i) The appropriation under Subsection (1)(a) shall be used exclusively for programs
23 or projects related to prevention, detection, prosecution, and control of violations of this title and
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25 Subsection (1)(b)(ii).
26 (ii) The portion distributed under this section to counties [
27 confinement or rehabilitation[
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29 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 law enforcement agencies of each [
34 state to enable the [
35 laws of the state and alcohol-related offenses. The appropriation is not intended to replace funds
36 that would otherwise be allocated for law enforcement and confinement or rehabilitation or both,
37 of persons arrested for or convicted of alcohol-related offenses.
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75 of Planning and Budget.
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80 the county shall be determined only with reference to the population in the unincorporated areas
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99 municipalities and counties in applying for revenues. The forms may require the submission of
100 information the State Tax Commission considers necessary to enable it to comply with this section.
101 (6) (a) A municipality or county that receives any monies under this section during a fiscal
102 year shall report to the Utah Substance Abuse and Anti-Violence Coordinating Council created in
103 Section 63-25a-201 by no later than October 1 following the fiscal year:
104 (i) the programs or projects of the municipality or county that receive monies under this
105 section;
106 (ii) if the monies for programs or projects were exclusively used as required by Subsection
107 (1)(b);
108 (iii) indicators of whether the programs or projects that receive monies under this section
109 are effective;
110 (iv) if any monies received under this section were not expended by the municipality or
111 county; and
112 (v) a signature of the chief executive officer of the county or municipality attesting that
113 the monies received under this section are used in addition to any monies appropriated or otherwise
114 available for the local government's law enforcement and are not used to supplant those monies.
115 (b) A municipality or county that does not file a report that meets the requirements of
116 Subsection (6)(a) may not receive monies under this section in the subsequent fiscal year.
117 (i) The determination under Subsection (6)(b) shall be by a majority vote of the Utah
118 Substance Abuse and Anti-Violence Coordinating Council.
119 (ii) The monies that a municipality or county does not receive under this Subsection (b)
120 shall be distributed as grants as prioritized by a majority vote of the Utah Substance Abuse and
121 Anti-Violence Coordinating Council.
122 (iii) Law enforcement agencies in the state, including the Department of Public Safety,
123 may apply for the grant monies available under this Subsection (b).
124 Section 2. Effective date.
125 This act takes effect on July 1, 1999.
Legislative Review Note
as of 12-8-98 1:12 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.