S.B. 258

1

UNDERAGE DRINKING PREVENTION CAMPAIGN
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lyle W. Hillyard
5 House Sponsor: Jack R. Draxler
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Alcoholic Beverage Control Act to provide funding and
10 guidelines for an underage drinking prevention campaign.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . creates a restricted account within the General Fund;
15 . requires deposits into the restricted account of percentages of the total gross revenue
16 from the sale of liquor;
17 . outlines the duties of the Utah Substance Abuse Advisory Council; and
18 . outlines the duties of the department.
19 Money Appropriated in this Bill:
20 This bill appropriates:
21 . to Department of Alcoholic Beverage Control - Parents Empowered, as an ongoing
22 appropriation:
23 . from the Liquor Control Fund, ($1,473,700)
24 . to Department of Alcoholic Beverage Control - Parents Empowered, as an ongoing
25 appropriation:
26 . from the Underage Drinking Prevention Media and Education Campaign
27 Restricted Account, $1,773,300

28 Other Special Clauses:
29 This bill takes effect on July 1, 2012.
30 Utah Code Sections Affected:
31 AMENDS:
32 63J-1-602.2, as last amended by Laws of Utah 2011, Chapters 189, 284, 303, and 400
33 63M-7-303, as last amended by Laws of Utah 2010, Chapter 39
34 ENACTS:
35 32B-2-306, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 32B-2-306 is enacted to read:
39 32B-2-306. Underage drinking prevention media and education campaign.
40 (1) As used in this section:
41 (a) "Advisory council" means the Utah Substance Abuse Advisory Council created in
42 Section 63M-7-301 .
43 (b) "Restricted account" means the Underage Drinking Prevention Media and
44 Education Campaign Restricted Account created in this section.
45 (2) (a) There is created a restricted account within the General Fund known as the
46 "Underage Drinking Prevention Media and Education Campaign Restricted Account."
47 (b) The restricted account consists of:
48 (i) deposits made under Subsection (3); and
49 (ii) interest earned on the restricted account.
50 (3) The department shall deposit the following percentages of the total gross revenue
51 from sales of liquor with the state treasurer, as determined by the total gross revenue collected
52 for the fiscal year two years preceding the fiscal year for which the deposit is made, to be
53 credited to the restricted account and to be used by the department as provided in Subsection
54 (5):
55 (a) for a deposit in fiscal year 2012-13, 0.6% of the total gross revenue for fiscal year
56 2010-11;
57 (b) for a deposit in fiscal year 2013-14, 0.7% of the total gross revenue for fiscal year
58 2011-12;

59 (c) for a deposit in fiscal year 2014-15, 0.8% of the total gross revenue for fiscal year
60 2012-13;
61 (d) for a deposit in fiscal year 2015-16, 0.9% of the total gross revenue for fiscal year
62 2013-14;
63 (e) for a deposit in fiscal year 2016-17, 1% of the total gross revenue for fiscal year
64 2014-15; and
65 (f) for a deposit in subsequent fiscal years, 1% of the total gross revenue for the fiscal
66 year two years preceding the fiscal year for which the deposit is made.
67 (4) The advisory council shall:
68 (a) provide ongoing oversight of a media and education campaign funded under this
69 section;
70 (b) create an underage drinking prevention workgroup consistent with guidelines
71 proposed by the advisory council related to the membership and duties of the underage
72 drinking prevention workgroup;
73 (c) create guidelines for how money appropriated for a media and education campaign
74 can be used;
75 (d) include in the guidelines established pursuant to this Subsection (4) that a media
76 and education campaign funded under this section is carefully researched and developed, and
77 appropriate for target groups; and
78 (e) approve plans submitted by the department in accordance with Subsection (5).
79 (5) (a) Subject to appropriation from the Legislature, the department shall expend
80 money from the restricted account to direct and fund one or more media and education
81 campaigns designed to reduce underage drinking in cooperation with the advisory council.
82 (b) The department shall:
83 (i) in cooperation with the underage drinking prevention workgroup created under
84 Subsection (4), prepare and submit a plan to the advisory council detailing the intended use of
85 the money appropriated under this section;
86 (ii) upon approval of the plan by the advisory council, conduct the media and education
87 campaign in accordance with the guidelines made by the advisory council; and
88 (iii) submit to the advisory council annually by no later than October 1, a written report
89 detailing the use of the money for the media and education campaigns conducted under this

90 Subsection (5) and the impact and results of the use of the money during the prior fiscal year
91 ending June 30.
92 Section 2. Section 63J-1-602.2 is amended to read:
93 63J-1-602.2. List of nonlapsing funds and accounts -- Title 31 through Title 45.
94 (1) Appropriations from the Technology Development Restricted Account created in
95 Section 31A-3-104 .
96 (2) Appropriations from the Criminal Background Check Restricted Account created in
97 Section 31A-3-105 .
98 (3) Appropriations from the Captive Insurance Restricted Account created in Section
99 31A-3-304 , except to the extent that Section 31A-3-304 makes the money received under that
100 section free revenue.
101 (4) Appropriations from the Title Licensee Enforcement Restricted Account created in
102 Section 31A-23a-415 .
103 (5) Appropriations from the Health Insurance Actuarial Review Restricted Account
104 created in Section 31A-30-115 .
105 (6) Appropriations from the Insurance Fraud Investigation Restricted Account created
106 in Section 31A-31-108 .
107 (7) Appropriations from the Underage Drinking Prevention Media and Education
108 Campaign Restricted Account created in Section 32B-2-306 .
109 [(7)] (8) Funding for a new program or agency that is designated as nonlapsing under
110 Section 36-24-101 .
111 [(8)] (9) Appropriations from the Oil and Gas Conservation Account created in Section
112 40-6-14.5 .
113 [(9)] (10) Appropriations from the Electronic Payment Fee Restricted Account created
114 by Section 41-1a-121 to the Motor Vehicle Division.
115 [(10)] (11) Funds available to the Tax Commission under Section 41-1a-1201 for the
116 purchase and distribution of license plates and decals.
117 Section 3. Section 63M-7-303 is amended to read:
118 63M-7-303. Duties of council.
119 (1) The Utah Substance Abuse Advisory Council shall:
120 (a) provide leadership and generate unity for Utah's ongoing efforts to combat

121 substance abuse;
122 (b) recommend and coordinate the creation, dissemination, and implementation of a
123 statewide substance abuse policy;
124 (c) facilitate planning for a balanced continuum of substance abuse prevention,
125 treatment, and justice services;
126 (d) promote collaboration and mutually beneficial public and private partnerships;
127 (e) coordinate recommendations made by any committee created under Section
128 63M-7-302 ;
129 (f) analyze and provide an objective assessment of all proposed legislation concerning
130 alcohol and other drug issues; [and]
131 (g) coordinate the implementation of Section 77-18-1.1 and related provisions in
132 Subsections 77-18-1 (5)(d) and (e), as provided in Section 63M-7-305 [.]; and
133 (h) comply with Section 32B-2-306 .
134 (2) The council shall meet quarterly or more frequently as determined necessary by the
135 chair.
136 (3) The council shall report its recommendations annually to the commission,
137 governor, the Legislature, and the Judicial Council.
138 Section 4. Appropriation.
139 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
140 following sums of money are appropriated from resources not otherwise appropriated, or
141 reduced from amounts previously appropriated, out of the funds or accounts indicated for the
142 fiscal year beginning July 1, 2012 and ending July 30, 2013. These are additions to any
143 amounts previously appropriated for fiscal year 2013.
144 Item 1: To Department of Alcoholic Beverage Control - Parents Empowered
145 From Liquor Control Fund

($1,473,700)

146 Schedule of Programs
147 Parents Empowered ($1,473,700)
148 Item 2: To Department of Alcoholic Beverage Control - Parents Empowered
149 From Underage Drinking Prevention Media and Education Campaign
150 Restricted Account

$1,773,300

151 Schedule of Programs

152 Parents Empowered $1,773,300
153 Section 5. Effective date.
154 This bill takes effect on July 1, 2012.




Legislative Review Note
as of 2-14-12 12:24 PM

Office of Legislative Research and General Counsel