H.B. 440 Enrolled

1

BEER TAX AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Val L. Peterson
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to revenue and taxation to address deposits of
10 revenue generated by the beer tax.
11 Highlighted Provisions:
12 This bill:
13 . modifies the formula to determine the amount of revenue collected from the beer
14 tax to be deposited into the Alcoholic Beverage Enforcement and Treatment
15 Restricted Account; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill takes effect on July 1, 2011.
21 Utah Code Sections Affected:
22 AMENDS:
23 59-15-109 (Effective 07/01/11), as last amended by Laws of Utah 2010, Chapter 276
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 59-15-109 (Effective 07/01/11) is amended to read:
27 59-15-109 (Effective 07/01/11). Tax money to be paid to state treasurer.
28 (1) Taxes collected under this chapter shall be paid by the commission to the state
29 treasurer daily for deposit as follows:

30 (a) the greater of the following shall be deposited into the Alcoholic Beverage
31 Enforcement and Treatment Restricted Account created in Section 32B-2-403 :
32 (i) an amount calculated by:
33 [(i)] (A) determining an amount equal to 40% of the revenue collected for the fiscal
34 year two years preceding the fiscal year for which the deposit is made; [or] and
35 (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
36 (ii) $4,350,000; and
37 (b) the revenue collected in excess of the amount deposited in accordance with
38 Subsection (1)(a) shall be deposited into the General Fund.
39 (2) (a) The commission shall notify the entities described in Subsection (2)(b) not later
40 than the September 1 preceding the fiscal year of the deposit of:
41 (i) the amount of the proceeds of the beer excise tax collected in accordance with this
42 section for the fiscal year two years preceding the fiscal year of deposit; and
43 (ii) an amount equal to 40% of the amount listed in Subsection (2)(a)(i).
44 (b) The notification required by Subsection (2)(a) shall be sent to:
45 (i) the Governor's Office of Planning and Budget; and
46 (ii) the Legislative Fiscal Analyst.
47 Section 2. Effective date.
48 This bill takes effect on July 1, 2011.