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S.B. 240
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DECRIMINALIZATION OF TRAFFIC
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OFFENSES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lyle W. Hillyard
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; PROHIBITING COUNTIES AND
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MUNICIPALITIES FROM DECRIMINALIZING TRAFFIC OFFENSES; PROVIDING
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GRANDFATHERING FOR CERTAIN ADMINISTRATIVE TRAFFIC PROCEEDINGS;
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CREATING ADMINISTRATIVE PROCEDURES AND APPEALS; CREATING A TASK
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FORCE TO STUDY THE DECRIMINALIZATION OF TRAFFIC OFFENSES; PROVIDING
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FOR MEMBERSHIP; DELINEATING DUTIES AND RESPONSIBILITIES; PROVIDING A
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REPORTING DATE; APPROPRIATING $34,500 FROM THE GENERAL FUND FOR FISCAL
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YEAR 2000-01 ONLY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEAL
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DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-3-703, as last amended by Chapter 178, Laws of Utah 1986
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10-8-84, as last amended by Chapter 178, Laws of Utah 1986
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17-5-263, as renumbered and amended by Chapters 146 and 147, Laws of Utah 1994
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21-1-5, as last amended by Chapter 309, Laws of Utah 1999
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53-3-218, as last amended by Chapter 216, Laws of Utah 1999
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63-63a-1, as last amended by Chapter 94, Laws of Utah 1998
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63-63a-2, as last amended by Chapter 198, Laws of Utah 1996
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78-3-4, as last amended by Chapter 313, Laws of Utah 1998
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ENACTS:
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10-3-703.5, Utah Code Annotated 1953
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10-3-703.7, Utah Code Annotated 1953
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63-55-210, Utah Code Annotated 1953
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This act enacts uncodified material.
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-703
is amended to read:
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10-3-703. Criminal penalties for violation of ordinance -- Civil penalties prohibited
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-- Exceptions.
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[Unless otherwise specifically authorized by statute, the]
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(1) The governing body of each municipality may [provide a] impose a minimum criminal
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penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class
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B misdemeanor fine under Section
76-3-301
or by a term of imprisonment up to six months, or by
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both the fine and term of imprisonment. [The]
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(2) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a
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minimum civil penalty for the violation of any municipal ordinance [and may impose] by a fine
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not to exceed the maximum class B misdemeanor fine under Section
76-3-301
.
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(b) A municipality may not impose a civil penalty and adjudication for [the unauthorized
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use of municipal property, including, but not limited to, the use of parks, streets, and other public
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grounds or equipment. Rules of civil procedure shall be substantially followed.] the violation of
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a municipal moving traffic ordinance, except as authorized in Section
10-3-703.5
.
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Section 2.
Section
10-3-703.5
is enacted to read:
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10-3-703.5. Civil penalty for violation of municipal ordinance -- Administrative
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traffic proceedings -- Appeals.
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(1) As used in this section, "municipality" means a municipality of the first class, as
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defined in Section
10-2-301
, that had ordinances in effect on or before January 1, 2000 that
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provide a civil penalty for and administrative adjudication of moving traffic violations.
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(2) (a) A municipality may, by ordinance, impose a civil penalty and provide adjudication
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for a violation of a municipal moving traffic ordinance, including regulations described in Section
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41-6-17
, through an administrative traffic proceeding.
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(b) The default civil penalty for a municipal traffic ordinance shall be consistent with the
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uniform bail schedule adopted by the Judicial Council.
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(c) A civil traffic violation constitutes a public offense for purposes of Section
77-7-15
and
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may be enforced as provided in that section.
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(3) An administrative traffic proceeding:
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(a) shall, except as provided in this section, be conducted in accordance with Section
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10-3-703.7
; and
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(b) may not be held for a violation of Title 41, Chapter 6, Article 5, Driving While
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Intoxicated and Reckless Driving, or a traffic violation that occurs in conjunction with another
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criminal violation as part of a single criminal episode that will be prosecuted in a criminal
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proceeding.
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(4) If a final administrative determination in an administrative traffic proceeding is for a
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violation:
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(a) the civil penalty is subject to the fees or surcharges established in Subsections
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21-1-5
(2)(d)(ii) and
63-63a-1
(1)(b)(ii);
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(b) the final administrative determination constitutes a conviction as defined in Section
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53-3-102
; and
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(c) the final administrative determination may be appealed by a party in accordance with
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Section
10-3-703.7
.
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Section 3.
Section
10-3-703.7
is enacted to read:
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10-3-703.7. Administrative proceedings -- Procedures -- Appeals.
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(1) As used in this section, "administrative proceeding" means an adjudicative hearing for
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a violation of a civil municipal ordinance, including an administrative traffic proceeding
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authorized in Section
10-3-703.5
.
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(2) An administrative proceeding:
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(a) shall be a public meeting with business transacted during regularly scheduled hours;
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(b) shall be conducted by an administrative law judge;
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(c) shall provide due process for the parties; and
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(d) may not be held for a civil violation that occurs in conjunction with another criminal
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violation as part of a single criminal episode that will be prosecuted in a criminal proceeding.
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(3) An administrative law judge:
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(a) shall be appointed by the municipality to conduct administrative proceedings;
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(b) may be an employee of the municipality; and
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(c) shall make a final administrative determination for each administrative proceeding.
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(4) (a) A final administrative determination under this section may be an order for the
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municipality to abate the violation.
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(b) If a final administrative determination under this section is for a violation, the final
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administrative determination may be appealed by a party in accordance with Subsection (5).
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(5) (a) (i) Any person adversely affected by an administrative proceeding may petition a
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district court for review of the administrative determination.
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(ii) In the petition, the petitioner may only allege that the administrative proceeding's
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decision was arbitrary, capricious, or illegal.
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(iii) The petition is barred unless it is filed within 30 days after the administrative
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determination is final.
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(b) (i) The administrative proceeding shall transmit to the reviewing district court the
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record of its proceedings, including its minutes, findings, orders, and, if available, a true and
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correct transcript of its proceedings.
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(ii) If the proceeding was recorded, a transcript of the recording is a true and correct
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transcript for purposes of this section.
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(c) (i) If there is a record, the district court's review is limited to the record provided by the
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administrative proceeding.
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(ii) The district court may not accept or consider any evidence that is not included in the
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administrative proceeding's record unless the evidence was offered to the administrative
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proceeding and the district court determines that the evidence was improperly excluded by the
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administrative proceeding.
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Section 4.
Section
10-8-84
is amended to read:
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10-8-84. Ordinances, rules, and regulations -- Passage -- Penalties.
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[They] (1) The municipal legislative body may pass all ordinances and rules, and make all
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regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and
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duties conferred by this chapter, and as are necessary and proper to provide for the safety and
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preserve the health, and promote the prosperity, improve the morals, peace and good order,
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comfort, and convenience of the city and its inhabitants, and for the protection of property in the
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city[; and].
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(2) The municipal legislative body may enforce obedience to the ordinances with fines or
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penalties [as they may deem proper, but the punishment of any offense shall be by fine not to
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exceed the maximum class B misdemeanor fine under Section
76-3-301
or by imprisonment not
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to exceed six months, or by both the fine and imprisonment] in accordance with Section
10-3-703
.
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Section 5.
Section
17-5-263
is amended to read:
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17-5-263. Ordinances -- Power to enact -- Penalty for violation.
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(1) The county legislative body may pass all ordinances and rules and make all regulations,
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not repugnant to law, necessary for carrying into effect or discharging the powers and duties
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conferred by this title, and as are necessary and proper to provide for the safety, and preserve the
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health, promote the prosperity, improve the morals, peace, and good order, comfort, and
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convenience of the county and its inhabitants, and for the protection of property in the county[;
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and].
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(2) The county legislative body may enforce obedience to ordinances with fines or
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penalties as the county legislative body considers proper, provided that the punishment of any
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offense shall be by fine, not to exceed the maximum fine for a class B misdemeanor under Section
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76-3-301
, imprisonment, or by both fine and imprisonment.
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(3) The county legislative body may pass ordinances to control air pollution.
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(4) (a) Except as specifically authorized by statute, the county legislative body may not
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impose a civil penalty for the violation of a county traffic ordinance.
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(b) Subsection (4)(a) does not apply to an ordinance regulating the parking of vehicles on
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a highway.
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Section 6.
Section
21-1-5
is amended to read:
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21-1-5. Civil fees of the courts of record -- Courts complex design.
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(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
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of record not governed by another subsection is $120.
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(b) The fee for filing a complaint or petition is:
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(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
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and attorney fees is $2,000 or less;
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(ii) $80 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000 and less than $10,000;
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(iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; and
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(iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
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Separate Maintenance.
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(c) The fee for filing a small claims affidavit is:
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(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
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and attorney fees is $2,000 or less; and
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(ii) $60 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000.
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(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
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complaint, or other claim for relief against an existing or joined party other than the original
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complaint or petition is:
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(i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
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or less;
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(ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
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than $2,000 and less than $10,000;
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(iii) $90 if the original petition is filed under Subsection (1)(a) or when the claim for relief
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is $10,000 or more; and
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(iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
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Chapter 4, Separate Maintenance.
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(e) The fee for filing a small claims counter affidavit is:
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(i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
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or less; and
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(ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
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than $2,000.
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(f) The fee for depositing funds under Section
57-1-29
when not associated with an action
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already before the court is determined under Subsection (1)(b) based on the amount deposited.
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(g) The fee for filing a petition is:
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(i) $70 for trial de novo of an adjudication of the justice court or of the small claims
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department [is $70.]; and
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(ii) $40 for an appeal of a municipal administrative determination in accordance with
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Section
10-3-703.7
.
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(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
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petition for writ of certiorari is $190.
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(i) (i) Except for a petition filed under Subsection
77-18-10
(2), the fee for filing a petition
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for expungement is $50.
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(ii) There is no fee for a petition filed under Subsection
77-18-10
(2).
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(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
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allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges'
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Retirement Act.
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(ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
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by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,
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as provided in Section
63-63a-8
.
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(iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
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(1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section
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78-31b-9
.
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(k) The fee for filing a judgment, order, or decree of a court of another state or of the
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United States is $25.
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(l) The fee for filing probate or child custody documents from another state is $25.
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(m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
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State Tax Commission is $30.
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(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
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or a judgment, order, or decree of an administrative agency, commission, board, council, or hearing
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officer of this state or of its political subdivisions other than the Utah State Tax Commission, is
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$40.
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(n) The fee for filing a judgment by confession without action under Section
78-22-3
is
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$25.
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(o) The fee for filing an award of arbitration for confirmation, modification, or vacation
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under Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is
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$25.
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(p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
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(q) The fee for filing any accounting required by law is:
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(i) $10 for an estate valued at $50,000 or less;
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(ii) $20 for an estate valued at $75,000 or less but more than $50,000;
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(iii) $40 for an estate valued at $112,000 or less but more than $75,000;
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(iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
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(v) $150 for an estate valued at more than $168,000.
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(r) The fee for filing a demand for a civil jury is $50.
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(s) The fee for filing a notice of deposition in this state concerning an action pending in
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another state under Utah Rule of Civil Procedure 26 is $25.
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(t) The fee for filing documents that require judicial approval but are not part of an action
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before the court is $25.
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(u) The fee for a petition to open a sealed record is $25.
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(v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
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to any fee for a complaint or petition.
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(w) The fee for a petition for authorization for a minor to marry required by Section
30-1-9
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is $5.
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(x) The fee for a certificate issued under Section
26-2-25
is $2.
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(y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
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(z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per
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page.
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(aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
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and forms and for the search and retrieval of records under Title 63, Chapter 2, Government
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Records Access and Management Act. Fees under this subsection shall be credited to the court
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as a reimbursement of expenditures.
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(bb) There is no fee for services or the filing of documents not listed in this section or
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otherwise provided by law.
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(cc) Except as provided in this section, all fees collected under this section are paid to the
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General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
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the pleading for filing or performs the requested service.
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(dd) The filing fees under this section may not be charged to the state, its agencies, or
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political subdivisions filing or defending any action. In judgments awarded in favor of the state,
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its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order
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the filing fees and collection costs to be paid by the judgment debtor. The sums collected under
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this subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or
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other penalty and costs permitted by law.
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(2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts shall
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transfer all revenues representing the difference between the fees in effect after May 2, 1994, and
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the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
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Construction and Management Capital Projects Fund.
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(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
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Construction and Management shall use up to $3,750,000 of the revenue deposited in the Capital
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Projects Fund under this Subsection (2)(a) to design and take other actions necessary to initiate the
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development of a courts complex in Salt Lake City.
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(B) If the Legislature approves funding for construction of a courts complex in Salt Lake
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City in the 1995 Annual General Session, the Division of Facilities Construction and Management
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shall use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct
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a courts complex in Salt Lake City.
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(C) After the courts complex is completed and all bills connected with its construction
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have been paid, the Division of Facilities Construction and Management shall use any monies
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remaining in the Capital Projects Fund under Subsection (2)(a)(ii) to fund the Vernal District Court
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building.
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(iii) The Division of Facilities Construction and Management may enter into agreements
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and make expenditures related to this project before the receipt of revenues provided for under this
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Subsection (2)(a)(iii).
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(iv) The Division of Facilities Construction and Management shall:
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(A) make those expenditures from unexpended and unencumbered building funds already
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appropriated to the Capital Projects Fund; and
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(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under
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this Subsection (2).
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(b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
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representing the difference between the fees in effect after May 2, 1994, and the fees in effect
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before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
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account.
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(c) The Division of Finance shall deposit all revenues received from the court
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administrator into the restricted account created by this section.
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(d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall transfer
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$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
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court of record to the Division of Facilities Construction and Management Capital Projects Fund.
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The division of money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine
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or bail forfeiture paid.
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(ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer $7
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of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court
280
of record or an administrative traffic proceeding in accordance with Section
10-3-703.5
to the
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Division of Finance for deposit in the restricted account created by this section. The division of
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money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine or bail forfeiture
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paid.
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(3) (a) There is created within the General Fund a restricted account known as the State
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Courts Complex Account.
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(b) The Legislature may appropriate monies from the restricted account to the
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administrator of the courts for the following purposes only:
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(i) to repay costs associated with the construction of the court complex that were funded
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from sources other than revenues provided for under this Subsection (3)(b)(i); and
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(ii) to cover operations and maintenance costs on the court complex.
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Section 7.
Section
53-3-218
is amended to read:
292
53-3-218. Court to report convictions and may recommend suspension of license --
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Severity of speeding violation defined.
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(1) [In] As used in this section[,]:
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(a) "conviction" means conviction by the court of first impression or final administrative
296
determination in an administrative traffic proceeding; and
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(b) "court" includes an administrative traffic proceeding in accordance with Section
298
10-3-703.5
.
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(2) A court having jurisdiction over offenses committed under this chapter or any other
300
law of this state, or under any [city] municipal ordinance regulating driving motor vehicles on
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highways, shall forward to the division within ten days, an abstract of the court record of the
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conviction or plea held in abeyance of any person in the court for a reportable traffic violation of
303
any laws or ordinances, and may recommend the suspension of the license of the person convicted.
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(3) The abstract shall be made upon a form approved and furnished by the division and
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shall include:
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(a) the name and address of the party charged;
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(b) the number of his license certificate, if any;
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(c) the registration number of the motor vehicle involved;
309
(d) whether the motor vehicle was a commercial motor vehicle;
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(e) whether the motor vehicle carried hazardous materials;
311
(f) the nature of the offense;
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(g) the date of the hearing;
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(h) the plea;
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(i) the judgment or whether bail was forfeited; and
315
(j) the severity of the violation, which shall be graded by the court as "minimum,"
316
"intermediate," or "maximum" as established in accordance with Subsection
53-3-221
(4).
317
(4) When a convicted person secures a judgment of acquittal or reversal in any appellate
318
court after conviction in the court of first impression, the division shall reinstate his license
319
immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
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Section 8.
Section
63-55-210
is enacted to read:
321
63-55-210. Repeal dates, Title 10.
322
Section
10-3-703.5
is repealed July 1, 2001.
323
Section 9.
Section
63-63a-1
is amended to read:
324
63-63a-1. Surcharge -- Application and exemptions.
325
(1) (a) A surcharge shall be paid on:
326
(i) all criminal fines, penalties, and forfeitures imposed by the courts[.]; and
327
(ii) a civil fine imposed by an administrative traffic proceeding in accordance with Section
328
10-3-703.5
.
329
(b) The surcharge shall be:
330
(i) 85% upon conviction of a:
331
(A) felony;
332
(B) class A misdemeanor;
333
(C) violation of Title 41, Chapter 6, Article 5, Driving While Intoxicated and Reckless
334
Driving; or
335
(D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
336
violation of comparable county or municipal ordinances; or
337
(ii) 35% upon conviction of any other offense, including violation of county or municipal
338
ordinances not subject to the 85% surcharge.
339
(2) The surcharge [shall] may not be imposed:
340
(a) upon nonmoving traffic violations;
341
(b) upon court orders when the offender is ordered to perform compensatory service work
342
in lieu of paying a fine; and
343
(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of
344
a case under Section
78-3a-502
.
345
(3) (a) The surcharge and the exceptions under Subsections (1) and (2) also apply to all
346
fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
347
committed by an adult.
348
(b) However, the surcharge does not include amounts assessed or collected separately by
349
juvenile courts for the Juvenile Restitution Account, which is independent of this chapter and does
350
not affect the imposition or collection of the surcharge.
351
(4) The surcharge under this section shall be imposed in addition to the fine charged for
352
a civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge
353
imposition.
354
(5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
355
authorized and managed by this chapter rather than attached to particular offenses.
356
Section 10.
Section
63-63a-2
is amended to read:
357
63-63a-2. Division of collected monies retained by state treasurer and local
358
governmental collecting entity -- Purpose of surcharge -- Allocation of collections -- Financial
359
information.
360
(1) The amount of the surcharge imposed under this chapter by courts of record shall be
361
collected before any fine and deposited with the state treasurer.
362
(2) The amount of the surcharge and the amount of criminal fines, civil fines, penalties,
363
and forfeitures imposed under this chapter by courts not of record and administrative traffic
364
proceedings in accordance with Section
10-3-703.5
shall be collected concurrently.
365
(a) As monies are collected on criminal fines, civil fines, penalties, and forfeitures subject
366
to the 85% surcharge, the monies shall be divided pro rata so that the local governmental collecting
367
entity retains 54% of the collected monies and the state retains 46% of the collected monies.
368
(b) As monies are collected on criminal fines, civil fines, penalties, and forfeitures subject
369
to the 35% surcharge, the monies shall be divided pro rata so that the local governmental collecting
370
entity retains 74% of the collected monies and the state retains 26% of the collected monies.
371
(c) The court shall deposit with the state treasurer the surcharge portion of all monies as
372
they are collected.
373
(3) Courts of record [and], courts not of record, and administrative traffic proceedings shall
374
collect financial information to determine:
375
(a) the total number of cases in which:
376
(i) a final judgment has been rendered;
377
(ii) surcharges and fines are paid by partial or installment payment; and
378
(iii) the judgment is fulfilled by an alternative method upon the court's order;
379
(b) the total dollar amounts of surcharges owed to the state and fines owed to the state and
380
county or municipality, including:
381
(i) waived surcharges;
382
(ii) uncollected surcharges; and
383
(iii) collected surcharges.
384
(4) The courts of record [and], courts not of record, and administrative traffic proceedings
385
shall report all collected financial information monthly to the Administrative Office of the Courts.
386
The collected information shall be categorized by cases subject to the 85 % and 35% surcharge.
387
(5) The purpose of the surcharge is to finance the trust funds and support accounts as
388
provided in this chapter.
389
(6) (a) From the surcharge, the Division of Finance shall allocate in the manner and for
390
the purposes described in Sections
63-63a-3
through
63-63a-9
.
391
(b) The balance of the collected surcharge shall be deposited in the General Fund.
392
(c) Allocations shall be made on a fiscal year basis.
393
(7) The provisions of Sections
63-63a-1
and
63-63a-2
may not impact the distribution and
394
allocation of fines and forfeitures imposed in accordance with Sections
23-14-13
,
78-3-14.5
, and
395
78-5-116
.
396
Section 11.
Section
78-3-4
is amended to read:
397
78-3-4. Jurisdiction -- Appeals.
398
(1) The district court has original jurisdiction in all matters civil and criminal, not excepted
399
in the Utah Constitution and not prohibited by law.
400
(2) The district court judges may issue all extraordinary writs and other writs necessary
401
to carry into effect their orders, judgments, and decrees.
402
(3) The district court has jurisdiction over matters of lawyer discipline consistent with the
403
rules of the Supreme Court.
404
(4) The district court has jurisdiction over all matters properly filed in the circuit court
405
prior to July 1, 1996.
406
(5) The district court has appellate jurisdiction to adjudicate trials de novo of the
407
judgments of the justice court and of the small claims department of the district court.
408
(6) Appeals from the final orders, judgments, and decrees of the district court are under
409
Sections
78-2-2
and
78-2a-3
.
410
(7) The district court has jurisdiction to review:
411
(a) agency adjudicative proceedings as set forth in Title 63, Chapter 46b, Administrative
412
Procedures Act, and shall comply with the requirements of that chapter, in its review of agency
413
adjudicative proceedings; and
414
(b) municipal administrative proceedings in accordance with Section
10-3-703.7
.
415
(8) Notwithstanding Subsection (1), the district court has subject matter jurisdiction in
416
class B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only if:
417
(a) there is no justice court with territorial jurisdiction;
418
(b) the matter was properly filed in the circuit court prior to July 1, 1996;
419
(c) the offense occurred within the boundaries of the municipality in which the district
420
courthouse is located and that municipality has not formed a justice court; or
421
(d) they are included in an indictment or information covering a single criminal episode
422
alleging the commission of a felony or a class A misdemeanor.
423
Section 12. Establishment of task force -- Membership -- Chair -- Quorum --
424
Expenses -- Salary -- Staff.
425
(1) There is established a Decriminalization of Traffic Offenses Task Force consisting of
426
the following members:
427
(a) five members of the House of Representatives, no more than three of whom may be
428
from the same party, appointed by the speaker of the House of Representatives; and
429
(b) three members of the Senate, no more than two of whom may be from the same party,
430
appointed by the president of the Senate.
431
(2) The president of the Senate shall designate a member of the Senate appointed to the
432
task force under Subsection (1) as one cochair of the task force, and the speaker of the House of
433
Representatives shall designate a member of the House of Representatives appointed to the task
434
force under Subsection (1) to be the other cochair of the task force.
435
(3) In conducting its business, the task force shall comply with the rules of legislative
436
interim committees.
437
(4) Legislators on the task force shall receive compensation and expenses in accordance
438
with Section
36-2-2
and Joint Rule 15.03.
439
(5) The Office of Legislative Research and General Counsel shall provide staff support to
440
the task force.
441
Section 13. Duties -- Report to interim committee.
442
(1) The task force shall review, study, and make recommendations concerning:
443
(a) the decriminalization of traffic offenses, including administrative adjudication
444
proceedings and related fiscal issues;
445
(b) the oversight of the administrative proceedings, including oversight of the conduct of
446
administrative law judges; and
447
(c) other related issues of interest to the task force.
448
(2) A final report, including any proposed legislation, shall be presented to the Judiciary
449
and the Transportation Interim Committees before November 30, 2000.
450
Section 14. Appropriation.
451
There is appropriated from the General Fund for fiscal year 2000-01 only:
452
(1) $3,500 to the Senate to pay for the compensation and expenses of senators on the task
453
force;
454
(2) $6,000 to the House of Representatives to pay for the compensation and expenses of
455
representatives on the task force; and
456
(3) $25,000 to the Office of Legislative Research and General Counsel to pay for staffing
457
the task force.
458
Section 15. Effective date.
459
If approved by two-thirds of all the members elected to each house, this act takes effect
460
upon approval by the governor, or the day following the constitutional time limit of Utah
461
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
462
date of veto override.
463
Section 16. Repeal date.
464
Sections 11, 12, and 13 of this act are repealed November 30, 2000.
Legislative Review Note
as of 2-11-00 9:35 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.