S.B. 171

1

JAIL REIMBURSEMENT FUNDING AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John L. Valentine
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 59, Chapter 15, Beer Tax, to provide that beer tax revenues that
10 are currently deposited into the General Fund shall be appropriated to the Department
11 of Administrative Services for the Jail Reimbursement program, to replace a portion of
12 the funds currently appropriated from the general fund for that program.
13 Highlighted Provisions:
14 This bill:
15 . provides that, after the currently designated portion of beer tax revenue is deposited
16 into the Alcoholic Beverage Enforcement and Treatment Restricted Account, the
17 remainder of the revenue collected shall be appropriated to the Department of
18 Administrative Services for the Jail Reimbursement program;
19 . expresses legislative intent that the amount appropriated under the preceding
20 paragraph shall replace a portion of the funding currently appropriated from the
21 General Fund to the Jail Reimbursement program; and
22 . makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 59-15-109, as last amended by Laws of Utah 2011, Chapter 281
30 64-13e-104, as last amended by Laws of Utah 2009, Chapter 56
31 Uncodified Material Affected:
32 ENACTS UNCODIFIED MATERIAL
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 59-15-109 is amended to read:
36 59-15-109. Tax money to be paid to state treasurer.
37 (1) Taxes collected under this chapter shall be paid by the commission to the state
38 treasurer daily for deposit as follows:
39 (a) the greater of the following shall be deposited into the Alcoholic Beverage
40 Enforcement and Treatment Restricted Account created in Section 32B-2-403 :
41 (i) an amount calculated by:
42 (A) determining an amount equal to 40% of the revenue collected for the fiscal year
43 two years preceding the fiscal year for which the deposit is made; and
44 (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
45 (ii) $4,350,000; and
46 (b) the revenue collected in excess of the amount deposited in accordance with
47 Subsection (1)(a) shall be [deposited into the General Fund] appropriated to the Department of
48 Administrative Services for the Jail Reimbursement program.
49 (2) (a) The commission shall notify the entities described in Subsection (2)(b) not later
50 than the September 1 preceding the fiscal year of the deposit of:
51 (i) the amount of the proceeds of the beer excise tax collected in accordance with this
52 section for the fiscal year two years preceding the fiscal year of deposit; and
53 (ii) an amount equal to 40% of the amount listed in Subsection (2)(a)(i).
54 (b) The notification required by Subsection (2)(a) shall be sent to:
55 (i) the Governor's Office of Planning and Budget; and
56 (ii) the Legislative Fiscal Analyst.
57 Section 2. Section 64-13e-104 is amended to read:
58 64-13e-104. Housing of state probationary inmates or state parole inmates --

59 Payment.
60 (1) (a) A county shall accept and house a state probationary inmate or a state parole
61 inmate in a county correctional facility, subject to available resources.
62 (b) If a county is unable to accept a person due to lack of resources, the county shall
63 negotiate with another county to accept and house the person.
64 (2) Within funds appropriated by the Legislature for this purpose, including those
65 funds appropriated under Subsection 59-15-109 (1)(b), the Division of Finance shall pay a
66 county that houses a state probationary inmate or a state parole inmate at a rate of 50% of the
67 final state daily incarceration rate.
68 (3) [Funds appropriated by the Legislature under] Appropriated funds described in
69 Subsection (2):
70 (a) are nonlapsing;
71 (b) may only be used for the purposes described in Subsection (2); and
72 (c) may not be used for:
73 (i) the costs of administering the payment described in this section; or
74 (ii) payment of contract costs under Section 64-13e-103 .
75 (4) The costs described in Subsection (3)(c)(i) shall be covered by a separate legislative
76 appropriation.
77 (5) (a) The Division of Finance shall administer the payment described in Subsection
78 (2).
79 (b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
80 Chapter 3, Utah Administrative Rulemaking Act, establish procedures for the calculation of the
81 payment described in Subsection (2).
82 (c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
83 of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
84 amount of the payments made does not exceed the amount [appropriated by the Legislature for
85 the payments] of the appropriations described in Subsection (2).
86 (6) Counties that receive the payment described in Subsection (2) shall, on at least a
87 monthly basis, submit a report to CCJJ that includes:
88 (a) the number of state probationary inmates and state parole inmates the county
89 housed under this section; and

90 (b) the total number of state probationary inmate days of incarceration and state parole
91 inmate days of incarceration that were provided by the county.
92 (7) (a) On or before September 1 of each year, CCJJ shall compile the information
93 from the reports described in Subsection (6) that relate to the preceding state fiscal year and
94 provide a copy of the compilation to each county that submitted a report.
95 (b) On or before September 30 of each year, CCJJ shall inform the Division of Finance
96 and each county of the exact amount of the payment described in this section that shall be made
97 to each county.
98 (8) On or before December 15 of each year, the Division of Finance shall distribute the
99 payment described in Subsection (7)(b) in a single payment to each county.
100 (9) The amount paid to each county under Subsection (8) shall be calculated on a pro
101 rata basis, based on the number of state probationary inmate days of incarceration and state
102 parole inmate days of incarceration that were provided by each county for the preceding state
103 fiscal year.
104 Section 3. Legislative intent.
105 It is the intent of the Legislature that the amount appropriated under Subsection
106 59-15-109 (1)(b) shall replace a portion of the funding currently appropriated from the General
107 Fund to the Jail Reimbursement program.




Legislative Review Note
as of 2-3-12 10:30 AM

Office of Legislative Research and General Counsel