32B-2-404 (Effective 07/01/11) - Alcoholic Beverage Enforcement and Treatment Restricted Account distribution.
32B-2-404 (Effective 07/01/11). Alcoholic Beverage Enforcement and TreatmentRestricted Account distribution.
(1) (a) The money deposited into the account under Section 32B-2-403 shall bedistributed to municipalities and counties:
(i) to the extent appropriated by the Legislature, except that the Legislature shallappropriate each fiscal year an amount equal to at least the amount deposited in the account inaccordance with Section 59-15-109; and
(ii) as provided in this Subsection (1).
(b) The amount appropriated from the account shall be distributed as follows:
(i) 25% to municipalities and counties on the basis of the percentage of the statepopulation residing in each municipality and county;
(ii) 30% to municipalities and counties on the basis of each municipality's and county'spercentage of the statewide convictions for all alcohol-related offenses;
(iii) 20% to municipalities and counties on the basis of the percentage of the state stores,package agencies, liquor licensees, and beer licensees in the state that are located in eachmunicipality and county; and
(iv) 25% to the counties for confinement and treatment purposes authorized by this parton the basis of the percentage of the state population located in each county.
(c) (i) Except as provided in Subsection (1)(c)(ii), if a municipality does not have a lawenforcement agency:
(A) the municipality may not receive money under this part; and
(B) the State Tax Commission:
(I) may not distribute the money the municipality would receive but for the municipalitynot having a law enforcement agency to that municipality; and
(II) shall distribute the money that the municipality would have received but for it nothaving a law enforcement agency to the county in which the municipality is located for use by thecounty in accordance with this part.
(ii) If the advisory council finds that a municipality described in Subsection (1)(c)(i)demonstrates that the municipality can use the money that the municipality is otherwise eligibleto receive in accordance with this part, the advisory council may direct the State TaxCommission to distribute the money to the municipality.
(2) To determine the distribution required by Subsection (1)(b)(ii), the State TaxCommission shall annually:
(a) for an annual conviction time period:
(i) multiply by two the total number of convictions in the state obtained during theannual conviction time period for violation of:
(A) Section 41-6a-502; or
(B) an ordinance that complies with the requirements of Subsection 41-6a-510(1) orSection 76-5-207; and
(ii) add to the number calculated under Subsection (2)(a)(i) the number of convictionsobtained during the annual conviction time period for the alcohol-related offenses other than thealcohol-related offenses described in Subsection (2)(a)(i);
(b) divide an amount equal to 30% of the appropriation for that fiscal year by the sumobtained in Subsection (2)(a); and
(c) multiply the amount calculated under Subsection (2)(b), by the number of convictions
obtained in each municipality and county during the annual conviction time period foralcohol-related offenses.
(3) By not later than September 1 each year:
(a) the state court administrator shall certify to the State Tax Commission the number ofconvictions obtained for alcohol-related offenses in each municipality or county in the stateduring the annual conviction time period; and
(b) the advisory council shall notify the State Tax Commission of any municipality thatdoes not have a law enforcement agency.
(4) By not later than December 1 of each year, the advisory council shall notify the StateTax Commission for the fiscal year of appropriation of:
(a) a municipality that may receive a distribution under Subsection (1)(c)(ii);
(b) a county that may receive a distribution allocated to a municipality described inSubsection (1)(c)(i);
(c) a municipality or county that may not receive a distribution because the advisorycouncil has suspended the payment under Subsection 32B-2-405(2)(a); and
(d) a municipality or county that receives a distribution because the suspension ofpayment has been cancelled under Subsection 32B-2-405(2).
(5) (a) By not later than January 1 of the fiscal year of appropriation, the State TaxCommission shall annually distribute to each municipality and county the portion of theappropriation that the municipality or county is eligible to receive under this part, except for anymunicipality or county that the advisory council notifies the State Tax Commission in accordancewith Subsection (4) may not receive a distribution in that fiscal year.
(b) (i) The State Tax Commission shall prepare forms for use by a municipality or countyin applying for a distribution under this part.
(ii) A form described in this Subsection (5) may require the submission of informationthe State Tax Commission considers necessary to enable the State Tax Commission to complywith this part.
Enacted by Chapter 276, 2010 General Session