32A-1-115 (Repealed 07/01/11) - Alcoholic Beverage Enforcement and Treatment Restricted Account -- Distribution.
32A-1-115 (Repealed 07/01/11). Alcoholic Beverage Enforcement and TreatmentRestricted Account -- Distribution.
(1) As used in this section:
(a) "Account" means the Alcoholic Beverage Enforcement and Treatment RestrictedAccount created in this section.
(b) "Advisory council" means the Utah Substance Abuse Advisory Council created inSection 63M-7-301.
(c) "Alcohol-related offense" means:
(i) a violation of:
(A) Section 41-6a-502; or
(B) an ordinance that complies with the requirements of:
(I) Subsection 41-6a-510(1); or
(II) Section 76-5-207; or
(ii) an offense involving the:
(A) illegal sale of alcohol;
(B) illegal distribution of alcohol;
(C) illegal transportation of alcohol;
(D) illegal possession of alcohol; or
(E) illegal consumption of alcohol.
(d) "Annual conviction time period" means the time period that:
(i) begins on July 1 and ends on June 30; and
(ii) immediately precedes the fiscal year for which an appropriation under this section ismade.
(e) "Municipality" means:
(i) a city; or
(ii) a town.
(2) (a) There is created in the General Fund a restricted account called the "AlcoholicBeverage Enforcement and Treatment Restricted Account."
(b) The account shall be funded from:
(i) amounts deposited by the state treasurer in accordance with Section 59-15-109;
(ii) any appropriations made to the account by the Legislature; and
(iii) interest described in Subsection (2)(c).
(c) Interest earned on the account shall be deposited into the account.
(d) (i) Consistent with the policies provided in Subsection 32A-1-104(4)(b), the revenuesin the account shall be used for statewide public purposes including promoting the reduction ofthe harmful effects of over consumption of alcoholic beverages by adults and alcoholconsumption by minors by funding exclusively programs or projects related to prevention,treatment, detection, prosecution, and control of violations of this title and other offenses inwhich alcohol is a contributing factor except as provided in Subsection (2)(d)(ii).
(ii) The portion distributed under this section to counties may also be used for theconfinement or treatment of persons arrested for or convicted of offenses in which alcohol is acontributing factor.
(iii) A municipality or county entitled to receive monies shall use the monies exclusivelyas required by this Subsection (2)(d).
(iv) The appropriations provided for under Subsection (3) are:
(A) intended to supplement the budget of the appropriate agencies of each municipalityand county within the state to enable the municipalities and counties to more effectively fund theprograms and projects described in this Subsection (2)(d); and
(B) not intended to replace monies that would otherwise be allocated for the programsand projects in this Subsection (2)(d).
(3) (a) The revenues deposited into the account shall be distributed to municipalities andcounties:
(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 (3).
(b) The amount appropriated from the account shall be distributed as follows:
(i) 25% to municipalities and counties based upon the percentage of the state populationresiding in each municipality and county;
(ii) 30% to municipalities and counties based upon each municipality's and county'spercentage of the statewide convictions for all alcohol-related offenses;
(iii) 20% to municipalities and counties based upon the percentage of all 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 thissection based upon the percentage of the state population located in each county.
(c) (i) Except as provided in Subsection (3)(c)(iii), a municipality that does not have alaw enforcement agency may not receive monies under this section.
(ii) The State Tax Commission:
(A) may not distribute the monies the municipality would receive but for themunicipality not having a law enforcement agency to that municipality; and
(B) shall distribute the monies 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 section.
(iii) Notwithstanding Subsections (3)(c)(i) and (ii), if the advisory council finds that amunicipality described in Subsection (3)(c)(i) demonstrates that the municipality can use themonies that the municipality is otherwise eligible to receive in accordance with this section, theadvisory council may direct the State Tax Commission to distribute the money to themunicipality.
(4) To determine the distributions required by Subsection (3)(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 (4)(a)(i) the number of convictionsobtained during the annual conviction time period for all alcohol-related offenses other than thealcohol-related offenses described in Subsection (4)(a)(i);
(b) divide an amount equal to 30% of the appropriation for that fiscal year by the sumobtained in Subsection (4)(a); and
(c) multiply the amount calculated under Subsection (4)(b), by the number of convictionsobtained in each municipality and county during the annual conviction time period foralcohol-related offenses.
(5) For purposes of this section:
(a) the number of state stores, package agencies, and licensees located within the limitsof each municipality and county:
(i) is the number determined by the department to be so located;
(ii) includes all:
(A) club licenses;
(B) restaurants;
(C) limited restaurants;
(D) on-premise banquet licenses;
(E) airport lounges;
(F) resort licenses;
(G) package agencies; and
(H) state stores; and
(iii) does not include on-premise beer retailer licensees;
(b) the number of state stores, package agencies, and licensees in a county consists onlyof that number located within unincorporated areas of the county;
(c) population figures shall be determined according to the most current populationestimates prepared by the Utah Population Estimates Committee;
(d) a county's population figure for the 25% distribution to municipalities and countiesunder Subsection (3)(b)(i) shall be determined only with reference to the population in theunincorporated areas of the county;
(e) a county's population figure under Subsection (3)(b)(iv) for the 25% distribution tocounties only shall be determined with reference to the total population in the county, includingthat of municipalities;
(f) a conviction occurs in the municipality or county that actually prosecutes the offenseto judgment; and
(g) in the case of a conviction based upon a guilty plea, the conviction is considered tooccur in the municipality or county that, except for the guilty plea, would have prosecuted theoffense.
(6) 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.
(7) 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) any municipality that may receive a distribution under Subsection (3)(c)(iii);
(b) any county that may receive a distribution allocated to a municipality described inSubsection (3)(c)(ii);
(c) any municipality or county that may not receive a distribution because the advisorycouncil has suspended the payment under Subsection (10)(a)(i); and
(d) any municipality or county that receives a distribution because the suspension ofpayment has been cancelled under Subsection (10)(a)(ii).
(8) (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 section, except forany municipality or county that the advisory council notifies the State Tax Commission inaccordance with Subsection (7) may not receive a distribution in that fiscal year.
(b) (i) The State Tax Commission shall prepare forms for use by municipalities andcounties in applying for distributions under this section.
(ii) The forms described in this Subsection (8) may require the submission of informationthe State Tax Commission considers necessary to enable the State Tax Commission to complywith this section.
(9) A municipality or county that receives any monies under this section during a fiscalyear shall by no later than October 1 following the fiscal year:
(a) report to the advisory council:
(i) the programs or projects of the municipality or county that receive monies under thissection;
(ii) if the monies for programs or projects were exclusively used as required bySubsection (2)(d);
(iii) indicators of whether the programs or projects that receive monies under this section are effective; and
(iv) if monies received under this section were not expended by the municipality orcounty; and
(b) provide the advisory council a statement signed by the chief executive officer of thecounty or municipality attesting that the monies received under this section were used in additionto monies appropriated or otherwise available for the county's or municipality's law enforcementand were not used to supplant those monies.
(10) (a) The advisory council may, by a majority vote:
(i) suspend future payments under Subsection (8) to a municipality or county that:
(A) does not file a report that meets the requirements of Subsection (9); or
(B) the advisory council finds does not use the monies as required by Subsection (2)(d)on the basis of the report filed by the municipality or county under Subsection (9); and
(ii) cancel a suspension under Subsection (10)(a)(i).
(b) The State Tax Commission shall notify the advisory council of the balance of anyundistributed monies after the annual distribution under Subsection (8).
(11) (a) Subject to the requirements of this Subsection (11), the advisory council shallaward the balance of undistributed monies under Subsection (10)(b):
(i) as prioritized by majority vote of the advisory council; and
(ii) as grants to:
(A) a county;
(B) a municipality;
(C) the Department of Alcoholic Beverage Control;
(D) the Department of Human Services;
(E) the Department of Public Safety; or
(F) the Utah State Office of Education.
(b) By not later than May 30 of the fiscal year of the appropriation, the advisory councilshall notify the State Tax Commission of grants awarded under this Subsection (11).
(c) The State Tax Commission shall make payments of a grant:
(i) upon receiving notice as provided under Subsection (11)(b); and
(ii) by not later than June 30 of the fiscal year of the appropriation.
(d) An entity that receives a grant under this Subsection (11) shall use the grant moniesexclusively for programs or projects described in Subsection (2)(d).
Amended by Chapter 39, 2010 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2010 General Session