Malt beverage tax.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0324

HOUSE BILL
NO.
HB0162

Malt beverage tax.

Sponsored by:
Representative(s)
Warren
,
Anderson
, R., Davison, Edwards and Goggles and Senator(s) Aullman, Job, Johnson and Massie

A BILL

for

AN ACT relating to the malt beverage excise tax; increasing the malt beverage excise tax; providing for distribution of the malt beverage excise tax as specified; providing for state payment for substance abuse assessments required after convictions of driving under the influence of alcohol as specified; providing for rules; providing for a report; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 9
‑
2
‑
2701 by creating a new subsection (g), 12
‑
2
‑
302(a) and by creating a new subsection (c), 12
‑
3
‑
101 by creating a new subsection (f) and 31
‑
5
‑
233(e) are amended to read:

9
‑
2
‑
2701.

Substance abuse control plan.

(g)

The department of health shall have the authority to contract with substance abuse providers certified under this section to conduct substance abuse assessments required under W.S. 31
‑
5
‑
233(e). The department of health shall establish a uniform schedule of fees which will act as a guideline for state purchased service for substance abuse assessments required under W.S. 31
‑
5
‑
233(e). The schedule shall accurately reflect a patient's ability to pay.

12
‑
2
‑
302.

Collection of excise taxes; disposition of revenue and fees.

(a)

Except as provided in this section, t
he commission shall collect all excise taxes provided by this title relating to alcoholic and malt beverages for deposit into the general fund.

(c)

The excise taxes collected by the commission under W.S. 12
‑
3
‑
101(f) shall be transferred to the state treasurer who shall deposit the tax into the general fund to the credit of the department of health, substance abuse division, for contracting for substance abuse assessments required under W.S. 31
‑
5
‑
233(e) as provided in W.S. 9
‑
2
‑
2701(g).

12
‑
3
‑
101.

Excise tax to be paid; limitation on liquor or malt beverage importation; penalties.

(f)

On and after July 1, 2007, in addition to the excise tax on malt beverages assessed under subsection (a) of this section, an excise tax of one and one-half cent ($.015) per liter (33.8 ounces) or fraction thereof on malt beverages is assessed and shall be collected by the commission.

31
‑
5
‑
233.

Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

(e)

Except as otherwise provided, a person convicted of violating this section shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) at or before sentencing. The cost of the substance abuse assessment
shall
may
be assessed to and paid by the offender
or may be assessed to and paid by the department of health in accordance with the uniform schedule of fees created by the department of health pursuant to W.S. 9
‑
2
‑
2701(g)
. Except as otherwise provided in this subsection or subsection (h) of this section, a person convicted of violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. On a second conviction within five (5) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than seven (7) days nor more than six (6) months, he shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) before sentencing and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail. In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). On a third conviction within five (5) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months, shall receive a substance abuse assessment pursuant to W.S. 7
‑
13
‑
1302 and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least thirty (30) days in jail except that the court shall consider the substance abuse assessment and may order the person to undergo outpatient alcohol or substance abuse treatment during any mandatory period of incarceration. The minimum period of imprisonment for a third violation shall be mandatory, but the court, having considered the substance abuse assessment and the availability of public and private resources, may suspend up to fifteen (15) days of the mandatory period of imprisonment if, subsequent to the date of the current violation, the offender completes an inpatient treatment program approved by the court. In addition, the person may be fined not less than seven hundred fifty dollars ($750.00) nor more than three thousand dollars ($3,000.00). The judge may suspend part or all of the discretionary portion of an imprisonment sentence under this subsection and place the defendant on probation on condition that the defendant pursues and completes an alcohol education or treatment program as prescribed by the judge. Notwithstanding any other provision of law, the term of probation imposed by a judge under this section may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation together with any extension thereof, shall not exceed three (3) years for up to and including a third conviction. On a fourth or subsequent conviction within five (5) years for a violation of this section or other law prohibiting driving while under the influence, he shall be guilty of a felony and fined not more than ten thousand dollars ($10,000.00), punished by imprisonment for not more than two (2) years, or both.

Section 2.

The department shall report to the joint labor, health and social services interim committee not later than December 1, 2008, providing information with respect to the amounts spent under this act and measurable evidence of the department's effectiveness in addressing substance abuse with the funds spent.

Section 3.

This act is effective July 1, 2007.

(END)

1
HB0162