Utah Senate rejects plan to divert DABC fines to Attorney General—s office

The Utah Senate on the floor considered Senate Bill 72, a proposal to direct a portion of fines collected for violations of the Division of Alcoholic Beverage Control (DABC) to the state Attorney General—s Office to provide legal enforcement support, capped at $180,000 a year.

Senator Stevenson, sponsor of the measure, described the change as a response to caseload increases in enforcement and said the funding would cover dedicated attorney and support staff. "It—s tied directly to the caseload," Stevenson said, noting the number of cases had risen from 59 in 2011 to 262 last year and that fines collected have grown with enforcement activity.

Senator Davis urged caution. "I have some great concern that, in doing this, it—s not that, we don—t need to prosecute violations at all, but I have some real concern about using fines and using department monies to fund the attorney general—s office," Davis said, arguing the approach could create a precedent of agencies funding prosecution by redirecting their own fine revenue.

Senator Dabakis questioned whether shifting funding would create incentives for increased enforcement, recalling that policing of private clubs and other regulatory changes had expanded enforcement resources. The sponsor, Stevenson, replied that the Attorney General—s Office enforces the law and that the proposal was intended to pay for rising enforcement costs rather than change enforcement authority.

After extended questioning and debate about potential conflicts and the proper funding mechanism for the Attorney General—s Office, the Senate recorded a roll-call vote: 12 yeas, 14 nays and 3 absent. The bill did not pass.

No additional procedural steps for SB 72 were recorded on the floor after the vote.

The Senate continued business on other bills and adjourned for the day.