DAR File No. 43505

Human Services, Substance Abuse and Mental Health

Section R523-2-9

Distribution of Fee-On-Fine (DUI) Funds

Notice of Proposed Rule

(Amendment)

DAR File No.: 43505
Filed: 02/07/2019 08:39:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes are made to update the funding formula citation, to give further guidance to the local authorities on how the funds are to be expended, and where to document their plans for these funds.

Summary of the rule or change:

The local authority funding formula citation has been updated. Legislative intent for the purposing of DUI funds is emphasized. Local authorities are required to submit their plans for DUI funds in their annual area plans. Local authorities are required to submit a report to the Division of Substance Abuse and Mental Health (Division) within 60 days of the end of each fiscal year. The Division will monitor the expenditure of DUI funds during the annual site visit.

Statutory or constitutional authorization for this rule:

• Section 62A-15-503

Anticipated cost or savings to:

the state budget:

These rule changes will not have a fiscal impact on the state budget. There are several minor changes made that add clarifying language that is used in the correlating statute (Sections 62A-15-503 and 62A-15-103). Ultimately, the additions in this rule clarify the process of how the Division, along with the Local Authority Area Plans, are reviewing, reporting, and monitoring these funds. These changes being clarifying in nature will have only a negligible impact on Division workloads.

local governments:

These amendments are mostly clarifying in nature and do not require any additional actions from local governments than already exist. There should be no cost savings or increases at the local government level.

small businesses:

These rule changes will not have a fiscal impact on small businesses; these changes are clarifying in nature regarding the distribution of fee-on-fine (DUI) funds. The added language regarding the reviewing, reporting, and monitoring of these funds will not impact small businesses.

persons other than small businesses, businesses, or local governmental entities:

These rule changes will not have an impact on any persons, as these amendments purely add language that pertains to the Division and local government. These amendments are clarifying in nature, thus they do not fiscally impact any party.

Compliance costs for affected persons:

No compliance costs are associated with these rule changes other than those that already exist from initial establishment of this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses.

Ann Williams, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Thomas Dunford at the above address, by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at [email protected]
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/01/2019

This rule may become effective on:

04/08/2019

Authorized by:

Doug Thomas, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

The purpose of these amendments are to update the funding formula citation and give further clarification on how these funds are utilized; therefore, there are no estimable or inestimable costs or benefits to non-small businesses.

 

 

R523. Human Services, Substance Abuse and Mental Health.

R523-2. Local Mental Health Authorities and Local Substance Abuse Authorities.

R523-2-9. Distribution of Fee-On-Fine (DUI) Funds.

(1) The Fee-On-Fine funds collected by the court system under the criminal surcharge law and remitted to the State Treasurer will be allocated to the LSAAs based upon each county's percent of the total state population as determined at the time of the funding formula as described in Section R523-[4-4]2-7. The Division shall authorize quarterly releases of these funds to the county commission of each county for which they are allocated unless notified in writing by the LSAA's governing board to send the funds to the local service provider.

(2) Utah Code 62A-15-503 states these funds "shall be used exclusively for the operation of licensed alcohol or drug rehabilitation programs and education, assessment, supervision, and other activities related to and supporting the rehabilitation of persons convicted of driving under the influence of intoxicating liquor or drugs. A requirement of the rehabilitation program shall be participation with a victim impact panel or program providing a forum for victims of alcohol or drug related offenses and defendants to shares experiences on the impact of alcohol or drug related incidents in their lives."

(3) Each counties proposed use of the funds shall be identified in the Local authority area plan submitted to the Division each year as described in Utah Code 62A-15-103(2)(c)(xi).

(4) Each counties actual expenditures shall be documented in an expenditure report submitted by the local authority within 60 days of the end of the State fiscal year that describes the actual use of the funds from this account.

(5) The Division shall review and monitor funds from this project during the annual site visit.

 

KEY: funding formula, bed allocations, Local Mental Health Authority, Local Substance Abuse Authority

Date of Enactment or Last Substantive Amendment: [December 22, 2015]2019

Authorizing, and Implemented or Interpreted Law: 17-43-301(4)(a)(x); 17-50-501; 17-50-502; 62A-15-103; 62A-15-105; 62A-15-108; 62A-15-201 et seq.; 62A-15-602(9); 62A-15-610(2)(a); 62A-15-611; 62A-15-612; 62A-15-902; 76-8-311.1; 76-8-311.3; 76-10-523.5