H.B. 149

1

LAW ENFORCEMENT DRUG TASK FORCE
2 FUNDING
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Eric K. Hutchings
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies Title 63, Chapter 25a, Criminal Justice and Substance Abuse, to
11 create a restricted account to fund grants for law enforcement task forces. This bill also
12 appropriates $1,000,000 from the General Fund to the restricted account for the
13 2006-07 fiscal year only.
14 Highlighted Provisions:
15 This bill:
16 . creates the Law Enforcement Drug Task Force Restricted Account to fund law
17 enforcement drug task forces in conjunction with available federal funding;
18 . provides that 6% of the criminal fines surcharge be allocated to the Law
19 Enforcement Drug Task Force;
20 . creates the Statewide Law Enforcement Drug Task Force Grant Program within the
21 Commission on Criminal and Juvenile Justice and requires that the commission
22 administer the program and establish procedures for application and awarding the
23 task force grants;
24 . requires grant recipients to report to the commission on the use of the grants; and
25 . requires that the commission report to the Legislature annually regarding the grant
26 program.
27 Monies Appropriated in this Bill:

28 This bill appropriates:
29 . for fiscal year 2006-07 only, $1,000,000 from the General Fund to the Law
30 Enforcement Drug Task Force Restricted Account.
31 Other Special Clauses:
32 This bill takes effect on July 1, 2006.
33 Utah Code Sections Affected:
34 ENACTS:
35 63-25a-501, Utah Code Annotated 1953
36 63-63a-10, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 63-25a-501 is enacted to read:
40 63-25a-501. Statewide Drug Law Enforcement Task Force Grant Program --
41 Funding and administration.
42 (1) As used in this section:
43 (a) "Commission" means the Commission on Criminal and Juvenile Justice.
44 (b) "Task force" means a multijurisdictional law enforcement task force or other
45 agency comprised of persons who are employed by or acting under the authority of different
46 governmental authorities, including federal, state, county or municipal governments, or any
47 combination of these agencies, to enforce state controlled substance laws.
48 (c) "Task force grant program" means the Statewide Law Enforcement Drug Task
49 Force Grant Program created in this section.
50 (2) (a) There is created within the commission the Statewide Law Enforcement Drug
51 Task Force Grant Program to provide grant funding for the operation of task forces.
52 (b) The commission shall, in accordance with Title 63, Chapter 46a, Utah
53 Administrative Rulemaking Act, make rules establishing requirements, forms, and procedures
54 for the application for and the awarding of task force grants under this section.
55 (3) The funding for the task force grant program shall be:
56 (a) federal funding provided to the state for the purpose of operating task forces; and
57 (b) an allocation to the Law Enforcement Drug Task Force Restricted Account created
58 and funded under Section 63-63a-10 .

59 (4) The commission shall use funding under Subsection (3):
60 (a) to award to task forces for operating expenses under the task force grant program;
61 and
62 (b) to provide necessary staff support and administrative costs of administering the task
63 force grant program.
64 (5) Each agency or political subdivision that receives a task force grant shall submit to
65 the commission, no later than 14 months after receipt of the grant, a report in a form specified
66 by the commission. The report shall include regarding each grant:
67 (a) the agency's name;
68 (b) the amount of the grant;
69 (c) the date of the grant;
70 (d) how the grant has been used, including functions of the task force; and
71 (e) a statement signed by both the agency's or political subdivision's executive officer
72 or designee and by the agency's legal counsel, that the task force grant was used for the law
73 enforcement purposes specified in the grant application.
74 (6) The commission shall report in writing to the legislative Law Enforcement and
75 Criminal Justice Interim Committee annually on or before December 1 regarding the grants
76 made under this section.
77 Section 2. Section 63-63a-10 is enacted to read:
78 63-63a-10. Law Enforcement Drug Task Force Restricted Account -- Funding --
79 Uses.
80 (1) There is created in the General Fund a restricted account known as the Law
81 Enforcement Drug Task Force Restricted Account, to be used by the Commission on Criminal
82 and Juvenile Justice in accordance with Section 63-25a-501 .
83 (2) The Division of Finance shall allocate 6% of the collected surcharge established
84 under Section 63-63a-1 , but not to exceed the amount appropriated by the Legislature, to the
85 Law Enforcement Drug Task Force Restricted Account created in Subsection (1).
86 Section 3. Appropriation.
87 There is appropriated $1,000,000, for fiscal year 2006-07 only, from the General Fund
88 to the Law Enforcement Drug Task Force Restricted Account created in Section 63-63a-10 to
89 fund the Statewide Law Enforcement Drug Task Force Grant Program created in Section

90 63-25a-501 .
91 Section 4. Effective date.
92 This bill takes effect on July 1, 2006.




Legislative Review Note
as of 1-23-06 3:25 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel