Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 155 (2017GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• addresses the department's base budget;
• provides for use of specific funds for specified purposes; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Tue, Mar 7, 2017 at 5:49 PM by ryoung.
ALCOHOL BEVERAGE CONTROL BUDGET AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
 Brad R. Wilson
LONG TITLE
General Description:
This bill modifies provisions related to the budget of the Department of Alcoholic
Beverage Control.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses the department's base budget;
▸ provides for use of specific funds for specified purposes; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
32B-2-301
, as last amended by Laws of Utah 2013, Chapter 349
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
32B-2-301
 is amended to read:
32B-2-301.
State property -- Liquor Control Fund -- Markup Holding Fund.
(1) The following are property of the state:
(a) the money received in the administration of this title, except as otherwise provided;
and
(b) property acquired, administered, possessed, or received by the department.
(2) (a) There is created an enterprise fund known as the "Liquor Control Fund."
(b) Except as provided in Sections 
32B-3-205
 and 
32B-2-304
, money received in the
administration of this title shall be transferred to the Liquor Control Fund.
(3) (a) There is created an enterprise fund known as the "Markup Holding Fund."
(b) In accordance with Section 
32B-2-304
, the State Tax Commission shall deposit
revenue remitted to the State Tax Commission from the markup imposed under Section
32B-2-304
 into the Markup Holding Fund.
(c) Money deposited into the Markup Holding Fund may be expended:
(i) to the extent appropriated by the Legislature; and
(ii) to fund the deposits required by Subsection 
32B-2-304
(4) and Subsection
32B-2-305
(4).
(4) The department may draw from the Liquor Control Fund only to the extent
appropriated by the Legislature or provided for by statute, except that the department may draw
by warrant without an appropriation from the Liquor Control Fund for an expenditure that is
directly incurred by the department:
(a) to purchase an alcoholic product;
(b) to transport an alcoholic product from the supplier to a warehouse of the
department; and
(c) for variances related to an alcoholic product.
(5) (a) As used in this Subsection (5), "base budget" means the same as that term is
defined in legislative rule.
(b) The department's base budget shall include as an appropriation from the Liquor
Control Fund:
(i) credit card related fees paid by the department;
(ii) package agency compensation; and
(iii) the department's costs of shipping and warehousing alcoholic products.
(6) Before the transfer required by Subsection (7), the department may retain each
fiscal year from the Liquor Control Fund $1,000,000 that the department may use for:
(a) capital equipment purchases;
60a 
 Ĥ→ 
(b) salary increases for department employees;
 [
(b)
] 
(c)
 ←Ĥ
performance awards for department employees;
Ĥ→ [
and
] 
or
 [
(c)
] 
(d)
 ←Ĥ
information technology enhancements because of changes or trends in
62a 
technology.
[
(5)
] 
(7)
 The department shall transfer annually from the Liquor Control Fund and the
State Tax Commission shall transfer annually from the Markup Holding Fund to the General
Fund a sum equal to the amount of net profit earned from the sale of liquor since the preceding
transfer of money under this Subsection [
(5)
] 
(7)
. The transfers shall be calculated by no later
than September 1 and made by no later than September 30 after a fiscal year. The Division of
Finance may make year-end closing entries in the Liquor Control Fund and the Markup
Holding Fund in order to comply with Subsection 
51-5-6
(2).
[
(6)
] 
(8)
 (a) By the end of each day, the department shall:
(i) make a deposit to a qualified depository, as defined in Section 
51-7-3
; and
(ii) report the deposit to the state treasurer.
(b) A commissioner or department employee is not personally liable for a loss caused
by the default or failure of a qualified depository.
(c) Money deposited in a qualified depository is entitled to the same priority of
payment as other public funds of the state.
[
(7)
] 
(9)
 If the cash balance of the Liquor Control Fund is not adequate to cover a
warrant drawn against the Liquor Control Fund by the department, the cash resources of the
General Fund may be used to the extent necessary. At no time may the fund equity of the
Liquor Control Fund fall below zero.
Section 2. 
Effective date.
This bill takes effect on July 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel