H.B.
78
STALKING AMENDMENTS - CIVIL
House Floor
Amendments
Representative Bennion proposes the following amendments:
1. Page 1, Line 11: After line 11, insert:
" 21-1-5, as last amended by Chapter 171, Laws of Utah 1998"
2. Page 1, Line 19: After line 19, insert:
"Section 1. Section 21-1-5 is amended to read:
21-1-5. Civil fees of the courts of record -- Courts complex design.
(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $120.
(b) The fee for filing a complaint or petition is:
(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less;
(ii) $80 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000;
(iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; [
(iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4, Separate Maintenance [
(v) $50 if the petition is for a temporary stalking injunction under Title 77, Chapter 3a, Stalking Injunctions;
(vi) $30 if the petition is an application to renew a temporary stalking injunction; and
(vii) $50 if the petition is an application to modify a temporary stalking injunction to a permanent stalking injunction.
(c) The fee for filing a small claims affidavit is:
(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less; and
(ii) $60 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000.
(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party complaint, or other claim for relief against an existing or joined party other than the original complaint or petition is:
(i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less;
(ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000;
(iii) $90 if the original petition is filed under Subsection (1)(a) or when the claim for relief is $10,000 or more; and
(iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4, Separate Maintenance.
(e) The fee for filing a small claims counter affidavit is:
(i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less; and
(ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater than $2,000.
(f) The fee for depositing funds under Section 57-1-29 when not associated with an action already before the court is determined under Subsection (1)(b) based on the amount deposited.
(g) The fee for filing a petition for trial de novo of an adjudication of the justice court or of the small claims department is $70.
(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or petition for writ of certiorari is $190.
(i) (i) Except for a petition filed under Subsection 77-18-10 (2), the fee for filing a petition for expungement is $50.
(ii) There is no fee for a petition filed under Subsection 77-18-10 (2).
(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges' Retirement Act.
(ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account, as provided in Section 63-63a-8 .
(iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and (1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section 78-31b-9 .
(k) The fee for filing a judgment, order, or decree of a court of another state or of the United States is $25.
(l) The fee for filing probate or child custody documents from
another state is $25.
(m)
(i)
The fee for filing an abstract or transcript of judgment,
order, or decree of the Utah State Tax Commission is $30.
(ii)
The fee for filing an abstract or transcript of judgment of a
court of law of this state or a judgment, order, or decree of an
administrative agency, commission, board, council, or hearing
officer of this state or of its political subdivisions other than the
Utah State Tax Commission, is $40.
(n)
The fee for filing a judgment by confession without action
under Section
78-22-3
is $25.
(o)
The fee for filing an award of arbitration for confirmation,
modification, or vacation under Title 78, Chapter 31a, Utah
Arbitration Act, that is not part of an action before the court is $25.
(p)
The fee for filing a petition or counter-petition to modify a
decree of divorce is $30.
(q)
The fee for filing any accounting required by law is:
(i)
$10 for an estate valued at $50,000 or less;
(ii)
$20 for an estate valued at $75,000 or less but more than
$50,000;
(iii)
$40 for an estate valued at $112,000 or less but more than
$75,000;
(iv)
$80 for an estate valued at $168,000 or less but more than
$112,000; and
(v)
$150 for an estate valued at more than $168,000.
(r)
The fee for filing a demand for a civil jury is $50.
(s)
The fee for filing a notice of deposition in this state concerning
an action pending in another state under Utah Rule of Civil
Procedure 26 is $25.
(t)
The fee for filing documents that require judicial approval but
are not part of an action before the court is $25.
(u)
The fee for a petition to open a sealed record is $25.
(v)
The fee for a writ of replevin, attachment, execution, or
garnishment is $20 in addition to any fee for a complaint or
petition.
(w)
The fee for a petition for authorization for a minor to marry
required by Section
30-1-9
is $5.
(x)
The fee for a certificate issued under Section
26-2-25
is $2.
(y)
The fee for a certified copy of a document is $2 per document
plus 50 cents per page.
(z)
The fee for an exemplified copy of a document is $4 per
document plus 50 cents per page.
(aa)
The Judicial Council shall by rule establish a schedule of fees
for copies of documents and forms and for the search and retrieval
of records under Title 63, Chapter 2, Government Records Access
and Management Act. Fees under this subsection shall be credited
to the court as a reimbursement of expenditures.
(bb)
There is no fee for services or the filing of documents not
listed in this section or otherwise provided by law.
(cc)
Except as provided in this section, all fees collected under this
section are paid to the General Fund. Except as provided in this
section, all fees shall be paid at the time the clerk accepts the
pleading for filing or performs the requested service.
(dd)
The filing fees under this section may not be charged to the
state, its agencies, or political subdivisions filing or defending any
action. In judgments awarded in favor of the state, its agencies, or
political subdivisions, except the Office of Recovery Services, the
court shall order the filing fees and collection costs to be paid by
the judgment debtor. The sums collected under this subsection
shall be applied to the fees after credit to the judgment, order, fine,
tax, lien, or other penalty and costs permitted by law.
(2)
(a)
(i)
From March 17, 1994 until June 30, 1998, the
administrator of the courts shall transfer all revenues representing
the difference between the fees in effect after May 2, 1994, and the
fees in effect before February 1, 1994, as dedicated credits to the
Division of Facilities Construction and Management Capital
Projects Fund.
(ii)
(A)
Except as provided in Subsection (2)(a)(ii)(B), the
Division of Facilities Construction and Management shall use up to
$3,750,000 of the revenue deposited in the Capital Projects Fund
under this Subsection (2)(a) to design and take other actions
necessary to initiate the development of a courts complex in Salt
Lake City.
(B)
If the Legislature approves funding for construction of a courts
complex in Salt Lake City in the 1995 Annual General Session, the
Division of Facilities Construction and Management shall use the
revenue deposited in the Capital Projects Fund under Subsection
(2)(a)(ii) to construct a courts complex in Salt Lake City.
(iii)
The Division of Facilities Construction and Management may
enter into agreements and make expenditures related to this project
before the receipt of revenues provided for under this subsection.
(iv)
The Division of Facilities Construction and Management
shall:
(A)
make those expenditures from unexpended and unencumbered
building funds already appropriated to the Capital Projects Fund;
and
(B)
reimburse the Capital Projects Fund upon receipt of the
revenues provided for under this Subsection (2).
(b)
After June 30, 1998, the administrator of the courts shall
ensure that all revenues representing the difference between the
fees in effect after May 2, 1994, and the fees in effect before
February 1, 1994, are transferred to the Division of Finance for
deposit in the restricted account.
(c)
The Division of Finance shall deposit all revenues received
from the court administrator into the restricted account created by
this section.
(d)
(i)
From May 1, 1995 until June 30, 1998, the administrator of
the courts shall transfer $7 of the amount of a fine or bail forfeiture
paid for a violation of Title 41, Motor Vehicles, in a court of record
to the Division of Facilities Construction and Management Capital
Projects Fund. The division of money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine or bail
forfeiture paid.
(ii)
After June 30, 1998, the administrator of the courts shall
transfer $7 of the amount of a fine or bail forfeiture paid for a
violation of Title 41, Motor Vehicles, in a court of record to the
Division of Finance for deposit in the restricted account created by
this section. The division of money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine or bail forfeiture paid.
(3)
(a)
There is created within the General Fund a restricted
account known as the State Courts Complex Account.
(b)
The Legislature may appropriate monies from the restricted
account to the administrator of the courts for the following
purposes only:
(i)
to repay costs associated with the construction of the court
complex that were funded from sources other than revenues
provided for under this subsection; and
(ii)
to cover operations and maintenance costs on the court
complex.
"
Renumber remaining sections accordingly.
3. Page 6, Lines 153 - 158: Delete Lines 153 through 158.
4. Page 6, Line 158: After Line 158, insert:
"
(1)
The filing fees for all petitions under this chapter shall be as stated in Section 21-1-5.
"
Renumber the remaining subsections accordingly.