Utah 2023 Regular Session

Utah House Bill HB0223 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 223
	1	+	2nd Sub. H.B. 223
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: E.A. Evans 6
	4	+	6 02-08-23 8:09 AM 6
	5	+	H.B. 223
	6	+	2nd Sub. (Gray)
	7	+	Representative Jefferson S. Burton proposes the following substitute bill:
2	8		1 DRUG AND ALCOHOL ENFORCEMENT AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Jefferson S. Burton
6	12		5 Senate Sponsor: Jerry W. Stevenson
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill addresses enforcement of drug- and alcohol-related provisions.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <defines terms;
14	20		13 <requires the Department of Public Safety to use the Alcoholic Beverage Control Act
15	21		14Enforcement Fund to maintain a certain number of drug enforcement officers, State
16	22		15Bureau of Investigation officers, and social workers;
17	23		16 <increases the deposits made into the Alcoholic Beverage Control Act Enforcement
18	24		17Fund and the Alcoholic Beverage Enforcement and Treatment Restricted Account;
19	25		18and
20	26		19 <makes technical changes.
21	27		20Money Appropriated in this Bill:
22	28		21 This bill appropriates in fiscal year 2024:
23		-	22 <Department of Public Safety - Alcoholic Beverage Control Act Enforcement Fund,
	29	+	22 <Department of Public Safety - Alcoholic Beverage Control Act Enforcement Fund
24	30		23as an ongoing appropriation:
25	31		24 Cfrom the General Fund, ($1,320,000).
26	32		25Other Special Clauses:
	33	+	HB0223S02 2nd Sub. (Gray) H.B. 223 02-08-23 8:09 AM
	34	+	- 2 -
27	35		26 This bill provides a special effective date.
28	36		27Utah Code Sections Affected:
29	37		28AMENDS:
30		-	29 32B-2-305, as last amended by Laws of Utah 2022, Chapter 453 H.B. 223 Enrolled Copy
31		-	- 2 -
	38	+	29 32B-2-305, as last amended by Laws of Utah 2022, Chapter 453
32	39		30 59-15-109, as last amended by Laws of Utah 2021, Chapter 382
33	40		31
34	41		32Be it enacted by the Legislature of the state of Utah:
35	42		33 Section 1. Section 32B-2-305 is amended to read:
36	43		34 32B-2-305. Alcoholic Beverage Control Act Enforcement Fund.
37	44		35 (1) As used in this section:
38	45		36 (a) "Alcohol-related law enforcement officer" [is as] means the same as that term is
39	46		37defined in Section 32B-1-201.
40	47		38 (b) "Drug-related law enforcement officer" means a law enforcement officer employed
41	48		39by the Department of Public Safety who has enforcement of drug-related offenses as a primary
42	49		40responsibility.
43	50		41 (c) "Enforcement ratio" [is as] means the same as that term is defined in Section
44	51		4232B-1-201.
45	52		43 [(c)] (d) "Fund" means the Alcoholic Beverage Control Act Enforcement Fund created
46	53		44in this section.
47	54		45 (e) "SBI drug-related law enforcement officer" means a law enforcement officer
48	55		46employed by the State Bureau of Investigation within the Department of Public Safety who has
49	56		47investigation of drug-related offenses as a primary responsibility.
50	57		48 (f) "Social worker" means an individual licensed under Title 58, Chapter 60, Part 2,
51	58		49Social Worker Licensing Act, and employed by the Department of Public Safety who has
52	59		50provision of caseworker services to individuals under 21 years old as a primary responsibility.
53	60		51 (2) There is created an expendable special revenue fund known as the "Alcoholic
54	61		52Beverage Control Act Enforcement Fund."
55	62		53 (3) (a) The fund consists of:
56	63		54 (i) deposits made under Subsection (4); and
57	64		55 (ii) interest earned on the fund.
58		-	56 (b) (i) The fund shall earn interest.
59		-	57 (ii) Interest on the fund shall be deposited into the fund. Enrolled Copy H.B. 223
	65	+	56 (b) (i) The fund shall earn interest. 02-08-23 8:09 AM 2nd Sub. (Gray) H.B. 223
60	66		- 3 -
	67	+	57 (ii) Interest on the fund shall be deposited into the fund.
61	68		58 (4) After the deposit made under Section 32B-2-304 for the school lunch program, the
62	69		59department shall deposit [0.875%] 1.695% of the total gross revenue from the sale of liquor
63	70		60with the state treasurer to be credited to the fund to be:
64	71		61 (a) used by the Department of Public Safety as provided in Subsection (5); and
65	72		62 (b) reallocated to the General Fund as described in Subsection (6).
66	73		63 (5) (a) The Department of Public Safety shall expend money from the fund to:
67	74		64 (i) supplement appropriations by the Legislature so that the Department of Public
68	75		65Safety maintains a sufficient number of alcohol-related law enforcement officers such that
69	76		66[beginning on July 1, 2012,] each year the enforcement ratio as of July 1 is equal to or less than
70	77		67the number specified in Section 32B-1-201[.]; and
71	78		68 (ii) maintain at least:
72	79		69 (A) 10 drug-related law enforcement officers;
73	80		70 (B) eight SBI drug-related law enforcement officers; and
74	81		71 (C) two social workers.
75	82		72 (b) [Beginning July 1, 2012, four] Four of the alcohol-related law enforcement officers
76	83		73described in Subsection (5)(a)(i) shall have as a primary focus the enforcement of this title in
77	84		74relationship to restaurants.
78	85		75 (6) For fiscal year 2023, the Division of Finance shall deposit into the General Fund $3
79	86		76million of unspent money in the fund.
80	87		77 Section 2. Section 59-15-109 is amended to read:
81	88		78 59-15-109. Tax money to be paid to state treasurer.
82	89		79 (1) Except as provided in Subsection (2), taxes collected under this chapter shall be
83	90		80paid by the commission to the state treasurer daily for deposit as follows:
84	91		81 (a) the greater of the following shall be deposited into the Alcoholic Beverage
85	92		82Enforcement and Treatment Restricted Account created in Section 32B-2-403:
86	93		83 (i) an amount calculated by:
87	94		84 (A) determining an amount equal to [40%] 50% of the revenue collected for the fiscal
88		-	85year two years preceding the fiscal year for which the deposit is made; and H.B. 223 Enrolled Copy
	95	+	85year two years preceding the fiscal year for which the deposit is made; and
	96	+	86 (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
	97	+	87 (ii) $4,350,000; and 2nd Sub. (Gray) H.B. 223 02-08-23 8:09 AM
89	98		- 4 -
90		-	86 (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
91		-	87 (ii) $4,350,000; and
92	99		88 (b) the revenue collected in excess of the amount deposited in accordance with
93	100		89Subsection (1)(a) shall be deposited into the General Fund.
94	101		90 (2) [For a fiscal year beginning on or after July 1, 2020, the] The state treasurer shall
95	102		91annually deposit into the Alcoholic Beverage Enforcement and Treatment Restricted Account
96	103		92created in Section 32B-2-403 an amount equal to the amount of revenue generated in the
97	104		93current fiscal year by the portion of the tax imposed under Section 59-15-101 that exceeds:
98	105		94 (a) $12.80 per 31-gallon barrel for beer imported or manufactured:
99	106		95 (i) on or after July 1, 2003; and
100	107		96 (ii) for sale, use, or distribution in this state; and
101	108		97 (b) a proportionate rate to the rate described in Subsection (2)(a) for:
102	109		98 (i) any quantity of beer other than a 31-gallon barrel; or
103	110		99 (ii) the fractional parts of a 31-gallon barrel.
104	111		100 (3) (a) The commission shall notify the entities described in Subsection (3)(b) not later
105	112		101than the September 1 preceding the fiscal year of the deposit of:
106	113		102 (i) the amount of the proceeds of the beer excise tax collected in accordance with this
107	114		103section for the fiscal year two years preceding the fiscal year of deposit; and
108	115		104 (ii) an amount equal to [40%] 50% of the amount listed in Subsection (3)(a)(i).
109	116		105 (b) The notification required by Subsection (3)(a) shall be sent to:
110	117		106 (i) the Governor's Office of Planning and Budget; and
111	118		107 (ii) the Legislative Fiscal Analyst.
112	119		108 Section 3. Appropriation.
113	120		109 The following sums of money are appropriated for the fiscal year beginning July 1,
114	121		1102023, and ending June 30, 2024. These are additions to amounts previously appropriated for
115	122		111fiscal year 2024. The Legislature has reviewed the following expendable funds. The Legislature
116	123		112authorizes the State Division of Finance to transfer amounts between funds and accounts as
117		-	113indicated. Outlays and expenditures from the funds or accounts to which the money is Enrolled Copy H.B. 223
118		-	- 5 -
	124	+	113indicated. Outlays and expenditures from the funds or accounts to which the money is
119	125		114transferred may be made without further legislative action, in accordance with statutory
120	126		115provisions relating to the funds or accounts.
121	127		116ITEM 1
122	128		117To Department of Public Safety - Alcoholic Beverage Control Act Enforcement Fund
123		-	118 From General Fund (1,320,000)
	129	+	118 From General Fund (1,320,000) 02-08-23 8:09 AM 2nd Sub. (Gray) H.B. 223
	130	+	- 5 -
124	131		119 Schedule of Programs:
125	132		120 Alcoholic Beverage Control Act Enforcement Fund (1,320,000)
126	133		121 Section 4. Effective date.
127	134		122 This bill takes effect on July 1, 2023.