H.B. 447

1

TRAFFIC VIOLATION CHANGES
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David M. Jones
5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; IMPOSING A TRAFFIC
6 MITIGATION SURCHARGE ON CERTAIN OFFENSES; PROVIDING FOR
7 COLLECTION, DISTRIBUTION, AND CERTAIN USES OF MONIES; PROVIDING A
8 REPEAL DATE; AND PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 63-55b-6301, Utah Code Annotated 1953
12 63-63b-101, Utah Code Annotated 1953
13 63-63b-102, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 63-55b-6301 is enacted to read:
16 63-55b-6301. Repeal date -- Title 63.
17 Sections 63-63b-101 and 63-63b-102 are repealed on July 1, 2002.
18 Section 2. Section 63-63b-101 is enacted to read:
19 63-63b-101. Traffic mitigation surcharge -- Application and exemptions.
20 (1) (a) In addition to any surcharge imposed under Section 63-63a-1, a traffic mitigation
21 surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by a court within
22 a county of the first class, as defined in Section 17-16-13, for any offense described in Subsection
23 (1)(b).
24 (b) The traffic mitigation surcharge is $10 upon conviction of any moving traffic violation,
25 including a violation of county or municipal ordinances.
26 (2) The traffic mitigation surcharge may not be imposed:
27 (a) upon nonmoving traffic violations;

1 (b) upon court orders when the offender is ordered to perform community service work
2 in lieu of paying a fine; and
3 (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of
4 a case under Section 78-3a-502.
5 (3) The traffic mitigation surcharge does not include amounts assessed or collected
6 separately by juvenile courts for the Juvenile Restitution Account, which is independent of this
7 chapter and does not affect the imposition or collection of the traffic mitigation surcharge.
8 (4) The traffic mitigation surcharge under this section shall be imposed in addition to the
9 fine charged for a criminal offense, and no reduction may be made in the fine charged due to the
10 traffic mitigation surcharge imposition.
11 Section 3. Section 63-63b-102 is enacted to read:
12 63-63b-102. Distribution of collected monies -- Purpose of traffic mitigation
13 surcharge -- Allocation of collections.
14 (1) The amount of the traffic mitigation surcharge imposed in Section 63-63b-101 by
15 courts of record shall be collected after the surcharge under Section 63-63a-1, but before any fine,
16 and deposited with the state treasurer.
17 (2) (a) The amount of the traffic mitigation surcharge and the amount of criminal fines,
18 penalties, and forfeitures imposed under Section 63-63b-101 by courts not of record shall be
19 collected concurrently.
20 (b) As monies are collected on criminal fines, penalties, and forfeitures subject to the
21 traffic mitigation surcharge, the local governmental collecting entity shall retain all of the collected
22 monies.
23 (3) Courts of record and not of record shall collect financial information to determine:
24 (a) the total number of cases in which:
25 (i) a final judgment has been rendered;
26 (ii) traffic mitigation surcharges and fines are paid by partial or installment payment; and
27 (iii) the judgment is fulfilled by an alternative method upon the court's order;
28 (b) the total dollar amounts of traffic mitigation surcharges owed, including:
29 (i) waived traffic mitigation surcharges;
30 (ii) uncollected traffic mitigation surcharges; and
31 (iii) collected traffic mitigation surcharges.

- 2 -

1 (4) The courts of record and not of record shall report all collected financial information
2 monthly to the Administrative Office of the Courts for cases subject to the traffic mitigation
3 surcharge.
4 (5) (a) The Division of Finance shall remit the monies from the traffic mitigation surcharge
5 to the treasurer of the government which prosecutes or which would prosecute each violation.
6 (b) The monies from the traffic mitigation surcharge shall be used by the local
7 governments to mitigate the impacts of traffic changes due to the reconstruction of Interstate 15.
8 (6) The provisions of this section and Section 63-63b-101 may not impact the distribution
9 and allocation of fines and forfeitures imposed in accordance with Sections 23-14-13, 78-3-14.5,
10 and 78-5-116.
11 Section 4. Effective date.
12 This act takes effect on July 1, 1998.




Legislative Review Note
as of 2-6-98 10:57 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 3 -