1     
ALCOHOL EDUCATION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: Ronald Winterton

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions regarding media and education campaigns about
10     alcohol.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates a restricted account within the General Fund;
15          ▸     outlines the duties of the Department of Health in creating and conducting a
16     drinking while pregnant prevention campaign; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          63J-1-602.1, as last amended by Laws of Utah 2019, Chapters 89, 136, 213, 215, 244,
25     326, 342, and 482
26     ENACTS:
27          26-7-10, Utah Code Annotated 1953
28          32B-2-308, Utah Code Annotated 1953
29     


30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 26-7-10 is enacted to read:
32          26-7-10. Drinking while pregnant prevention media and education campaign.
33          (1) As used in this section, "restricted account" means the Drinking While Pregnant
34     Prevention Media and Education Campaign Restricted Account created in Section 32B-2-308.
35          (2) The department shall:
36          (a) create guidelines for how money in the restricted account for a media and education
37     campaign can be used;
38          (b) include in the guidelines established under this Subsection (2) that a media and
39     education campaign is:
40          (i) carefully researched and developed; and
41          (ii) appropriate for target groups.
42          (3) (a) Subject to appropriation from the Legislature, the department shall expend
43     money from the restricted account to direct and fund one or more media and education
44     campaigns designed to reduce the consumption of alcohol while pregnant.
45          (b) The department shall:
46          (i) conduct the media and education campaign in accordance with the guidelines
47     established under Subsection (2); and
48          (ii) submit to the Health and Human Services Interim Committee annually by no later
49     than October 1, a written report detailing:
50          (A) the use of the money for the media and education campaigns conducted under this
51     Subsection (3); and
52          (B) the impact and result of the use of the money during the previous fiscal year ending
53     June 30.
54          Section 2. Section 32B-2-308 is enacted to read:
55          32B-2-308. Drinking while pregnant prevention media and education campaign
56     restricted account.
57          (1) As used in this section:

58          (a) "Department of Health" means the Department of Health created in Section 26-1-4.
59          (b) "Restricted account" means the Drinking While Pregnant Prevention Media and
60     Education Campaign Restricted Account created in this section.
61          (2) (a) There is created a restricted account within the General Fund known as the
62     "Drinking While Pregnant Prevention Media and Education Campaign Restricted Account."
63          (b) The restricted account consists of:
64          (i) money the Legislature appropriates to the restricted account; and
65          (ii) interest earned on the restricted account.
66          Section 3. Section 63J-1-602.1 is amended to read:
67          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
68          Appropriations made from the following accounts or funds are nonlapsing:
69          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
70     and Leadership Restricted Account created in Section 4-42-102.
71          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
72          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
73     Section 9-18-102.
74          (4) The National Professional Men's Soccer Team Support of Building Communities
75     Restricted Account created in Section 9-19-102.
76          (5) Funds collected for directing and administering the C-PACE district created in
77     Section 11-42a-302.
78          (6) The "Support for State-Owned Shooting Ranges Restricted Account" created in
79     Section 23-14-13.5.
80          (7) Award money under the State Asset Forfeiture Grant Program, as provided under
81     Section 24-4-117.
82          (8) Funds collected from the program fund for local health department expenses
83     incurred in responding to a local health emergency under Section 26-1-38.
84          (9) Funds collected from the emergency medical services grant program, as provided in
85     Section 26-8a-207.

86          (10) The Children with Cancer Support Restricted Account created in Section
87     26-21a-304.
88          (11) State funds for matching federal funds in the Children's Health Insurance Program
89     as provided in Section 26-40-108.
90          (12) The Children with Heart Disease Support Restricted Account created in Section
91     26-58-102.
92          (13) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
93          (14) The Technology Development Restricted Account created in Section 31A-3-104.
94          (15) The Criminal Background Check Restricted Account created in Section
95     31A-3-105.
96          (16) The Captive Insurance Restricted Account created in Section 31A-3-304, except
97     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
98          (17) The Title Licensee Enforcement Restricted Account created in Section
99     31A-23a-415.
100          (18) The Health Insurance Actuarial Review Restricted Account created in Section
101     31A-30-115.
102          (19) The Insurance Fraud Investigation Restricted Account created in Section
103     31A-31-108.
104          (20) The Underage Drinking Prevention Media and Education Campaign Restricted
105     Account created in Section 32B-2-306.
106          (21) The School Readiness Restricted Account created in Section 35A-15-203.
107          (22) Money received by the Utah State Office of Rehabilitation for the sale of certain
108     products or services, as provided in Section 35A-13-202.
109          (23) The Oil and Gas Conservation Account created in Section 40-6-14.5.
110          (24) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
111     the Motor Vehicle Division.
112          (25) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
113     created by Section 41-3-110 to the State Tax Commission.

114          (26) The Utah Law Enforcement Memorial Support Restricted Account created in
115     Section 53-1-120.
116          (27) The State Disaster Recovery Restricted Account to the Division of Emergency
117     Management, as provided in Section 53-2a-603.
118          (28) The Department of Public Safety Restricted Account to the Department of Public
119     Safety, as provided in Section 53-3-106.
120          (29) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
121     53-8-303.
122          (30) The DNA Specimen Restricted Account created in Section 53-10-407.
123          (31) The Canine Body Armor Restricted Account created in Section 53-16-201.
124          (32) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
125          (33) The Higher Education Capital Projects Fund created in Section 53B-22-202.
126          (34) A certain portion of money collected for administrative costs under the School
127     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
128          (35) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
129     subject to Subsection 54-5-1.5(4)(d).
130          (36) Funds collected from a surcharge fee to provide certain licensees with access to an
131     electronic reference library, as provided in Section 58-3a-105.
132          (37) Certain fines collected by the Division of Occupational and Professional Licensing
133     for violation of unlawful or unprofessional conduct that are used for education and enforcement
134     purposes, as provided in Section 58-17b-505.
135          (38) Funds collected from a surcharge fee to provide certain licensees with access to an
136     electronic reference library, as provided in Section 58-22-104.
137          (39) Funds collected from a surcharge fee to provide certain licensees with access to an
138     electronic reference library, as provided in Section 58-55-106.
139          (40) Funds collected from a surcharge fee to provide certain licensees with access to an
140     electronic reference library, as provided in Section 58-56-3.5.
141          (41) Certain fines collected by the Division of Occupational and Professional Licensing

142     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
143     Section 58-63-103.
144          (42) The Relative Value Study Restricted Account created in Section 59-9-105.
145          (43) The Cigarette Tax Restricted Account created in Section 59-14-204.
146          (44) Funds paid to the Division of Real Estate for the cost of a criminal background
147     check for a mortgage loan license, as provided in Section 61-2c-202.
148          (45) Funds paid to the Division of Real Estate for the cost of a criminal background
149     check for principal broker, associate broker, and sales agent licenses, as provided in Section
150     61-2f-204.
151          (46) Certain funds donated to the Department of Human Services, as provided in
152     Section 62A-1-111.
153          (47) The National Professional Men's Basketball Team Support of Women and
154     Children Issues Restricted Account created in Section 62A-1-202.
155          (48) Certain funds donated to the Division of Child and Family Services, as provided
156     in Section 62A-4a-110.
157          (49) The Choose Life Adoption Support Restricted Account created in Section
158     62A-4a-608.
159          (50) Funds collected by the Office of Administrative Rules for publishing, as provided
160     in Section 63G-3-402.
161          (51) The Immigration Act Restricted Account created in Section 63G-12-103.
162          (52) Money received by the military installation development authority, as provided in
163     Section 63H-1-504.
164          (53) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
165          (54) The Unified Statewide 911 Emergency Service Account created in Section
166     63H-7a-304.
167          (55) The Utah Statewide Radio System Restricted Account created in Section
168     63H-7a-403.
169          (56) The Employability to Careers Program Restricted Account created in Section

170     63J-4-703.
171          (57) The Motion Picture Incentive Account created in Section 63N-8-103.
172          (58) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
173     as provided under Section 63N-10-301.
174          (59) Funds collected by the housing of state probationary inmates or state parole
175     inmates, as provided in Subsection 64-13e-104(2).
176          (60) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
177     and State Lands, as provided in Section 65A-8-103.
178          (61) The Transportation of Veterans to Memorials Support Restricted Account created
179     in Section 71-14-102.
180          (62) The Amusement Ride Safety Restricted Account, as provided in Section
181     72-16-204.
182          (63) Certain funds received by the Office of the State Engineer for well drilling fines or
183     bonds, as provided in Section 73-3-25.
184          (64) The Water Resources Conservation and Development Fund, as provided in
185     Section 73-23-2.
186          (65) Funds donated or paid to a juvenile court by private sources, as provided in
187     Subsection 78A-6-203(1)(c).
188          (66) Fees for certificate of admission created under Section 78A-9-102.
189          (67) Funds collected for adoption document access as provided in Sections 78B-6-141,
190     78B-6-144, and 78B-6-144.5.
191          (68) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
192     Utah Indigent Defense Commission.
193          (69) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
194     Park, Jordan River State Park, and Green River State Park, as provided under Section
195     79-4-403.
196          (70) Certain funds received by the Division of Parks and Recreation from the sale or
197     disposal of buffalo, as provided under Section 79-4-1001.

198          (71) The Drinking While Pregnant Prevention Media and Education Campaign
199     Restricted Account created in Section 32B-2-308.