S.B. 240 Enrolled

DECRIMINALIZATION OF TRAFFIC
OFFENSES
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; PROHIBITING COUNTIES AND
MUNICIPALITIES FROM DECRIMINALIZING TRAFFIC OFFENSES; PROVIDING
GRANDFATHERING FOR CERTAIN ADMINISTRATIVE TRAFFIC PROCEEDINGS;
CREATING ADMINISTRATIVE PROCEDURES AND APPEALS; CREATING A TASK
FORCE TO STUDY THE DECRIMINALIZATION OF TRAFFIC OFFENSES; PROVIDING
FOR MEMBERSHIP; DELINEATING DUTIES AND RESPONSIBILITIES; PROVIDING A
REPORTING DATE; APPROPRIATING $34,500 FROM THE GENERAL FUND FOR FISCAL
YEAR 2000-01 ONLY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEAL
DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-3-703, as last amended by Chapter 178, Laws of Utah 1986
10-8-84, as last amended by Chapter 178, Laws of Utah 1986
17-5-263, as renumbered and amended by Chapters 146 and 147, Laws of Utah 1994
21-1-5, as last amended by Chapter 309, Laws of Utah 1999
53-3-218, as last amended by Chapter 216, Laws of Utah 1999
63-63a-1, as last amended by Chapter 94, Laws of Utah 1998
63-63a-2, as last amended by Chapter 198, Laws of Utah 1996
78-3-4, as last amended by Chapter 313, Laws of Utah 1998
ENACTS:
10-3-703.5, Utah Code Annotated 1953
10-3-703.7, Utah Code Annotated 1953
63-55-210, Utah Code Annotated 1953
This act enacts uncodified material.

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-3-703 is amended to read:
10-3-703. Criminal penalties for violation of ordinance -- Civil penalties prohibited --
Exceptions.
[Unless otherwise specifically authorized by statute, the]
(1) The governing body of each municipality may [provide a] impose a minimum criminal
penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B
misdemeanor fine under Section 76-3-301 or by a term of imprisonment up to six months, or by both
the fine and term of imprisonment. [The]
(2) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a minimum
civil penalty for the violation of any municipal ordinance [and may impose] by a fine not to exceed
the maximum class B misdemeanor fine under Section 76-3-301 .
(b) A municipality may not impose a civil penalty and adjudication for [the unauthorized use
of municipal property, including, but not limited to, the use of parks, streets, and other public grounds
or equipment. Rules of civil procedure shall be substantially followed.] the violation of a municipal
moving traffic ordinance, except as authorized in Section 10-3-703.5 .
Section 2. Section 10-3-703.5 is enacted to read:
10-3-703.5. Civil penalty for violation of municipal ordinance -- Administrative traffic
proceedings -- Appeals.
(1) As used in this section, "municipality" means a municipality of the first class, as defined
in Section 10-2-301 , that had ordinances in effect on or before January 1, 2000 that provide a civil
penalty for and administrative adjudication of moving traffic violations.
(2) (a) A municipality may, by ordinance, impose a civil penalty and provide adjudication for
a violation of a municipal moving traffic ordinance, including regulations described in Section
41-6-17 , through an administrative traffic proceeding.
(b) The default civil penalty for a municipal traffic ordinance shall be consistent with the
uniform bail schedule adopted by the Judicial Council.
(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.
(3) An administrative traffic proceeding:
(a) shall, except as provided in this section, be conducted in accordance with Section
10-3-703.7 ; and
(b) may not be held for:
(i) a moving violation that would be a class B misdemeanor in a criminal proceeding;
(ii) a violation of Title 41, Chapter 6, Article 5, Driving While Intoxicated and Reckless
Driving; or
(iii) a traffic violation that occurs in conjunction with another criminal violation as part of a
single criminal episode that will be prosecuted in a criminal proceeding.
(4) If a final administrative determination in an administrative traffic proceeding is for a
violation:
(a) the civil penalty is subject to the fees or surcharges established in Subsections
21-1-5 (2)(d)(ii) and 63-63a-1 (1)(b)(ii);
(b) the final administrative determination constitutes a conviction as defined in Section
53-3-102 ; and
(c) the final administrative determination may be appealed by a party in accordance with
Section 10-3-703.7 .
(5) (a) A municipality that has a population greater than 150,000, according to the last official
federal census, shall remit to the state by June 30 of each fiscal year:
(i) $504,700 for fiscal year 2000-01; and
(ii) $580,400 for fiscal year 2001-02.
(b) A municipality that has a population less than 150,000, according to the last official
federal census, shall remit to the state by June 30 of each fiscal year:
(i) $388,600 for fiscal year 2000-01; and
(ii) $446,900 for fiscal year 2001-02.
(c) If a municipality repeals the ordinance described in Subsection (2)(a) prior to the end of
a fiscal year, the municipality shall remit to the state the amount described in Subsection (5)(a) or (b)

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prorated according to the date the ordinance is repealed.
(d) Monies remitted to the state under this Subsection (5) shall be remitted to the state
treasurer and deposited in the state General Fund.
Section 3. Section 10-3-703.7 is enacted to read:
10-3-703.7. Administrative proceedings -- Procedures -- Appeals.
(1) As used in this section, "administrative proceeding" means an adjudicative hearing for a
violation of a civil municipal ordinance, including an administrative traffic proceeding authorized in
Section 10-3-703.5 .
(2) An administrative proceeding:
(a) shall be a public meeting with business transacted during regularly scheduled hours;
(b) shall be conducted by an administrative law judge;
(c) shall provide due process for the parties;
(d) shall be recorded or otherwise documented so that a true and correct transcript may be
made of its proceedings; and
(e) may not be held for a civil violation that occurs in conjunction with another criminal
violation as part of a single criminal episode that will be prosecuted in a criminal proceeding.
(3) An administrative law judge:
(a) shall be appointed by the municipality to conduct administrative proceedings;
(b) may be an employee of the municipality; and
(c) shall make a final administrative determination for each administrative proceeding.
(4) (a) A final administrative determination under this section may be an order for the
municipality to abate the violation.
(b) If a final administrative determination under this section is for a violation, the final
administrative determination may be appealed by a party in accordance with Subsection (5).
(5) (a) (i) Any person adversely affected by an administrative proceeding may petition a
district court for review of the administrative determination.
(ii) In the petition, the petitioner may only allege that the administrative proceeding's 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
determination is final.
(b) (i) The administrative proceeding shall transmit to the reviewing district court the record
of its proceedings, including its findings, orders, and a true and correct transcript of its proceedings.
(ii) The district court may not accept or consider any evidence that is not included in the
administrative proceeding's record unless the evidence was offered to the administrative proceeding
and the district court determines that the evidence was improperly excluded by the administrative
proceeding.
Section 4. Section 10-8-84 is amended to read:
10-8-84. Ordinances, rules, and regulations -- Passage -- Penalties.
[They] (1) The municipal legislative body may pass all ordinances and rules, and make all
regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and
duties conferred by this chapter, and as are necessary and proper to provide for the safety and
preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort,
and convenience of the city and its inhabitants, and for the protection of property in the city[; and].
(2) The municipal legislative body may enforce obedience to the ordinances with fines or
penalties [as they may deem proper, but the punishment of any offense shall be by fine not to exceed
the maximum class B misdemeanor fine under Section 76-3-301 or by imprisonment not to exceed
six months, or by both the fine and imprisonment] in accordance with Section 10-3-703 .
Section 5. Section 17-5-263 is amended to read:
17-5-263. Ordinances -- Power to enact -- Penalty for violation.
(1) The county legislative body may pass all ordinances and rules and make all regulations,
not repugnant to law, necessary for carrying into effect or discharging the powers and duties
conferred by this title, and as are necessary and proper to provide for the safety, and preserve the
health, promote the prosperity, improve the morals, peace, and good order, comfort, and convenience
of the county and its inhabitants, and for the protection of property in the county[; and].
(2) The county legislative body may enforce obedience to ordinances with fines or penalties
as the county legislative body considers proper, provided that the punishment of any offense shall be

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by fine, not to exceed the maximum fine for a class B misdemeanor under Section 76-3-301 ,
imprisonment, or by both fine and imprisonment.
(3) The county legislative body may pass ordinances to control air pollution.
(4) (a) Except as specifically authorized by statute, the county legislative body may not
impose a civil penalty for the violation of a county traffic ordinance.
(b) Subsection (4)(a) does not apply to an ordinance regulating the parking of vehicles on
a highway.
Section 6. 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; and
(iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
Separate Maintenance.
(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

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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 is:
(i) $70 for trial de novo of an adjudication of the justice court or of the small claims
department [is $70.]; and
(ii) $40 for an appeal of a municipal administrative determination in accordance with Section
10-3-703.7 .
(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

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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.

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(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

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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.
(C) After the courts complex is completed and all bills connected with its construction have
been paid, the Division of Facilities Construction and Management shall use any monies remaining
in the Capital Projects Fund under Subsection (2)(a)(ii) to fund the Vernal District Court building.
(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 (2)(a)(iii).
(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 or a municipality shall transfer $7 of

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the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of
record or an administrative traffic proceeding in accordance with Section 10-3-703.5 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 (3)(b)(i); and
(ii) to cover operations and maintenance costs on the court complex.
Section 7. Section 53-3-218 is amended to read:
53-3-218. Court to report convictions and may recommend suspension of license --
Severity of speeding violation defined.
(1) [In] As used in this section[,]:
(a) "conviction" means conviction by the court of first impression or final administrative
determination in an administrative traffic proceeding; and
(b) "court" includes an administrative traffic proceeding in accordance with Section
10-3-703.5 .
(2) A court having jurisdiction over offenses committed under this chapter or any other law
of this state, or under any [city] municipal ordinance regulating driving motor vehicles on highways,
shall forward to the division within ten days, an abstract of the court record of the conviction or plea
held in abeyance of any person in the court for a reportable traffic violation of any laws or ordinances,
and may recommend the suspension of the license of the person convicted.
(3) The abstract shall be made upon a form approved and furnished by the division and shall
include:
(a) the name and address of the party charged;
(b) the number of his license certificate, if any;

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(c) the registration number of the motor vehicle involved;
(d) whether the motor vehicle was a commercial motor vehicle;
(e) whether the motor vehicle carried hazardous materials;
(f) the nature of the offense;
(g) the date of the hearing;
(h) the plea;
(i) the judgment or whether bail was forfeited; and
(j) the severity of the violation, which shall be graded by the court as "minimum,"
"intermediate," or "maximum" as established in accordance with Subsection 53-3-221 (4).
(4) When a convicted person secures a judgment of acquittal or reversal in any appellate
court after conviction in the court of first impression, the division shall reinstate his license
immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
Section 8. Section 63-55-210 is enacted to read:
63-55-210. Repeal dates, Title 10.
Section 10-3-703.5 is repealed July 1, 2002.
Section 9. Section 63-63a-1 is amended to read:
63-63a-1. Surcharge -- Application and exemptions.
(1) (a) A surcharge shall be paid on:
(i) all criminal fines, penalties, and forfeitures imposed by the courts[.]; and
(ii) a civil fine imposed by an administrative traffic proceeding in accordance with Section
10-3-703.5 .
(b) The surcharge shall be:
(i) 85% upon conviction of a:
(A) felony;
(B) class A misdemeanor;
(C) violation of Title 41, Chapter 6, Article 5, Driving While Intoxicated and Reckless
Driving; or
(D) class B misdemeanor not classified within Title 41, Motor Vehicles, including violation

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of comparable county or municipal ordinances; or
(ii) 35% upon conviction of any other offense, including violation of county or municipal
ordinances not subject to the 85% surcharge.
(2) The surcharge [shall] may not be imposed:
(a) upon nonmoving traffic violations;
(b) upon court orders when the offender is ordered to perform compensatory service work
in lieu of paying a fine; and
(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of a
case under Section 78-3a-502 .
(3) (a) The surcharge and the exceptions under Subsections (1) and (2) also apply to all
fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if committed
by an adult.
(b) However, the surcharge does not include amounts assessed or collected separately by
juvenile courts for the Juvenile Restitution Account, which is independent of this chapter and does
not affect the imposition or collection of the surcharge.
(4) The surcharge under this section shall be imposed in addition to the fine charged for a
civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge
imposition.
(5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
authorized and managed by this chapter rather than attached to particular offenses.
Section 10. Section 63-63a-2 is amended to read:
63-63a-2. Division of collected monies retained by state treasurer and local
governmental collecting entity -- Purpose of surcharge -- Allocation of collections -- Financial
information.
(1) The amount of the surcharge imposed under this chapter by courts of record shall be
collected before any fine and deposited with the state treasurer.
(2) The amount of the surcharge and the amount of criminal fines, civil fines, penalties, and
forfeitures imposed under this chapter by courts not of record and administrative traffic proceedings

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in accordance with Section 10-3-703.5 shall be collected concurrently.
(a) As monies are collected on criminal fines, civil fines, penalties, and forfeitures subject to
the 85% surcharge, the monies shall be divided pro rata so that the local governmental collecting
entity retains 54% of the collected monies and the state retains 46% of the collected monies.
(b) As monies are collected on criminal fines, civil fines, penalties, and forfeitures subject to
the 35% surcharge, the monies shall be divided pro rata so that the local governmental collecting
entity retains 74% of the collected monies and the state retains 26% of the collected monies.
(c) The court shall deposit with the state treasurer the surcharge portion of all monies as they
are collected.
(3) Courts of record [and], courts not of record, and administrative traffic proceedings shall
collect financial information to determine:
(a) the total number of cases in which:
(i) a final judgment has been rendered;
(ii) surcharges and fines are paid by partial or installment payment; and
(iii) the judgment is fulfilled by an alternative method upon the court's order;
(b) the total dollar amounts of surcharges owed to the state and fines owed to the state and
county or municipality, including:
(i) waived surcharges;
(ii) uncollected surcharges; and
(iii) collected surcharges.
(4) The courts of record [and], courts not of record, and administrative traffic proceedings
shall report all collected financial information monthly to the Administrative Office of the Courts.
The collected information shall be categorized by cases subject to the 85 % and 35% surcharge.
(5) The purpose of the surcharge is to finance the trust funds and support accounts as
provided in this chapter.
(6) (a) From the surcharge, the Division of Finance shall allocate in the manner and for the
purposes described in Sections 63-63a-3 through 63-63a-9 .
(b) The balance of the collected surcharge shall be deposited in the General Fund.

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(c) Allocations shall be made on a fiscal year basis.
(7) The provisions of Sections 63-63a-1 and 63-63a-2 may not impact the distribution and
allocation of fines and forfeitures imposed in accordance with Sections 23-14-13 , 78-3-14.5 , and
78-5-116 .
Section 11. Section 78-3-4 is amended to read:
78-3-4. Jurisdiction -- Appeals.
(1) The district court has original jurisdiction in all matters civil and criminal, not excepted
in the Utah Constitution and not prohibited by law.
(2) The district court judges may issue all extraordinary writs and other writs necessary to
carry into effect their orders, judgments, and decrees.
(3) The district court has jurisdiction over matters of lawyer discipline consistent with the
rules of the Supreme Court.
(4) The district court has jurisdiction over all matters properly filed in the circuit court prior
to July 1, 1996.
(5) The district court has appellate jurisdiction to adjudicate trials de novo of the judgments
of the justice court and of the small claims department of the district court.
(6) Appeals from the final orders, judgments, and decrees of the district court are under
Sections 78-2-2 and 78-2a-3 .
(7) The district court has jurisdiction to review:
(a) agency adjudicative proceedings as set forth in Title 63, Chapter 46b, Administrative
Procedures Act, and shall comply with the requirements of that chapter, in its review of agency
adjudicative proceedings; and
(b) municipal administrative proceedings in accordance with Section 10-3-703.7 .
(8) Notwithstanding Subsection (1), the district court has subject matter jurisdiction in class
B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only if:
(a) there is no justice court with territorial jurisdiction;
(b) the matter was properly filed in the circuit court prior to July 1, 1996;
(c) the offense occurred within the boundaries of the municipality in which the district

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courthouse is located and that municipality has not formed a justice court; or
(d) they are included in an indictment or information covering a single criminal episode
alleging the commission of a felony or a class A misdemeanor.
Section 12. Establishment of task force -- Membership -- Chair -- Quorum -- Expenses
-- Salary -- Staff.
(1) There is established a Decriminalization of Traffic Offenses Task Force consisting of the
following members:
(a) five members of the House of Representatives, no more than three of whom may be from
the same party, appointed by the speaker of the House of Representatives; and
(b) three members of the Senate, no more than two of whom may be from the same party,
appointed by the president of the Senate.
(2) The president of the Senate shall designate a member of the Senate appointed to the task
force under Subsection (1) as one cochair of the task force, and the speaker of the House of
Representatives shall designate a member of the House of Representatives appointed to the task force
under Subsection (1) to be the other cochair of the task force.
(3) In conducting its business, the task force shall comply with the rules of legislative interim
committees.
(4) Legislators on the task force shall receive compensation and expenses in accordance with
Section 36-2-2 and Joint Rule 15.03.
(5) The Office of Legislative Research and General Counsel shall provide staff support to the
task force.
Section 13. Duties -- Report to interim committee.
(1) The task force shall review, study, and make recommendations concerning:
(a) the decriminalization of traffic offenses, including administrative adjudication proceedings
and related fiscal issues;
(b) the oversight of the administrative proceedings, including oversight of the conduct of
administrative law judges; and
(c) other related issues of interest to the task force.

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(2) A final report, including any proposed legislation, shall be presented to the Judiciary and
the Transportation Interim Committees before November 30, 2000.
Section 14. Appropriation.
There is appropriated from the General Fund for fiscal year 2000-01 only:
(1) $3,500 to the Senate to pay for the compensation and expenses of senators on the task
force;
(2) $6,000 to the House of Representatives to pay for the compensation and expenses of
representatives on the task force; and
(3) $25,000 to the Office of Legislative Research and General Counsel to pay for staffing the
task force.
Section 15. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.
Section 16. Repeal date.
Sections 12, 13, and 14 of this act are repealed November 30, 2000.

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