H.B. 234

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 11, 2003 at 4:04 PM by kholt. --> 1

ADMINISTRATIVE TREATMENT OF TRAFFIC
2 VIOLATIONS - TECHNICAL AMENDMENTS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David N. Cox
6 This act makes technical changes related to an earlier repeal of a provision regarding
7 civil penalties and adjudication for a moving traffic violation within a municipality.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 10-3-703, as last amended by Chapter 323, Laws of Utah 2000
11 10-3-703.7, as enacted by Chapter 323, Laws of Utah 2000
12 53-3-218, as last amended by Chapter 200, Laws of Utah 2002
13 63-63a-1, as last amended by Chapter 323, Laws of Utah 2000
14 63-63a-2, as last amended by Chapter 323, Laws of Utah 2000
15 78-7-35, as last amended by Chapters 250 and 329, Laws of Utah 2002
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 10-3-703 is amended to read:
18 10-3-703. Criminal penalties for violation of ordinance -- Civil penalties
19 prohibited -- Exceptions.
20 (1) The governing body of each municipality may impose a minimum criminal penalty
21 for the violation of any municipal ordinance by a fine not to exceed the maximum class B
22 misdemeanor fine under Section 76-3-301 or by a term of imprisonment up to six months, or
23 by both the fine and term of imprisonment.
24 (2) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a
25 minimum civil penalty for the violation of any municipal ordinance by a fine not to exceed the
26 maximum class B misdemeanor fine under Section 76-3-301 .
27 (b) A municipality may not impose a civil penalty and adjudication for the violation of

28 a municipal moving traffic ordinance[, except as authorized in Section 10-3-703.5 ].
29 Section 2. Section 10-3-703.7 is amended to read:
30 10-3-703.7. Administrative proceedings -- Procedures -- Appeals.
31 (1) As used in this section, "administrative proceeding" means an adjudicative hearing
32 for a violation of a civil municipal ordinance[, including an administrative traffic proceeding
33 authorized in Section 10-3-703.5 ].
34 (2) An administrative proceeding:
35 (a) shall be a public meeting with business transacted during regularly scheduled hours;
36 (b) shall be conducted by an administrative law judge;
37 (c) shall provide due process for the parties;
38 (d) shall be recorded or otherwise documented so that a true and correct transcript may
39 be made of its proceedings; and
40 (e) may not be held for a civil violation that occurs in conjunction with another
41 criminal violation as part of a single criminal episode that will be prosecuted in a criminal
42 proceeding.
43 (3) An administrative law judge:
44 (a) shall be appointed by the municipality to conduct administrative proceedings;
45 (b) may be an employee of the municipality; and
46 (c) shall make a final administrative determination for each administrative proceeding.
47 (4) (a) A final administrative determination under this section may be an order for the
48 municipality to abate the violation.
49 (b) If a final administrative determination under this section is for a violation, the final
50 administrative determination may be appealed by a party in accordance with Subsection (5).
51 (5) (a) (i) Any person adversely affected by an administrative proceeding may petition
52 a district court for review of the administrative determination.
53 (ii) In the petition, the petitioner may only allege that the administrative proceeding's
54 decision was arbitrary, capricious, or illegal.
55 (iii) The petition is barred unless it is filed within 30 days after the administrative
56 determination is final.
57 (b) (i) The administrative proceeding shall transmit to the reviewing district court the
58 record of its proceedings, including its findings, orders, and a true and correct transcript of its

59 proceedings.
60 (ii) The district court may not accept or consider any evidence that is not included in
61 the administrative proceeding's record unless the evidence was offered to the administrative
62 proceeding and the district court determines that the evidence was improperly excluded by the
63 administrative proceeding.
64 Section 3. Section 53-3-218 is amended to read:
65 53-3-218. Court to report convictions and may recommend suspension of license
66 -- Severity of speeding violation defined.
67 (1) As used in this section[: (a)], "conviction" means conviction by the court of first
68 impression or final administrative determination in an administrative traffic proceeding[; and].
69 [(b) "court" includes an administrative traffic proceeding in accordance with Section
70 10-3-703.5 .]
71 (2) (a) A court having jurisdiction over offenses committed under this chapter or any
72 other law of this state, or under any municipal ordinance regulating driving motor vehicles on
73 highways or driving motorboats on the water, shall forward to the division within ten days, an
74 abstract of the court record of the conviction or plea held in abeyance of any person in the court
75 for a reportable traffic or motorboating violation of any laws or ordinances, and may
76 recommend the suspension of the license of the person convicted.
77 (b) When the division receives a court record of a conviction or plea in abeyance for a
78 motorboat violation, the division may only take action against a person's driver license if the
79 motorboat violation is for a violation of Title 41, Chapter 6, Article 5, Driving While
80 Intoxicated and Reckless Driving.
81 (3) The abstract shall be made in the form prescribed by the division and shall include:
82 (a) the name and address of the party charged;
83 (b) the number of his license certificate, if any;
84 (c) the registration number of the motor vehicle or motorboat involved;
85 (d) whether the motor vehicle was a commercial motor vehicle;
86 (e) whether the motor vehicle carried hazardous materials;
87 (f) the nature of the offense;
88 (g) the date of the hearing;
89 (h) the plea;

90 (i) the judgment or whether bail was forfeited; and
91 (j) the severity of the violation, which shall be graded by the court as "minimum,"
92 "intermediate," or "maximum" as established in accordance with Subsection 53-3-221 (4).
93 (4) When a convicted person secures a judgment of acquittal or reversal in any
94 appellate court after conviction in the court of first impression, the division shall reinstate his
95 license immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
96 Section 4. Section 63-63a-1 is amended to read:
97 63-63a-1. Surcharge -- Application and exemptions.
98 (1) (a) A surcharge shall be paid on[: (i)] all criminal fines, penalties, and forfeitures
99 imposed by the courts[; and].
100 [(ii) a civil fine imposed by an administrative traffic proceeding in accordance with
101 Section 10-3-703.5 .]
102 (b) The surcharge shall be:
103 (i) 85% upon conviction of a:
104 (A) felony;
105 (B) class A misdemeanor;
106 (C) violation of Title 41, Chapter 6, Article 5, Driving While Intoxicated and Reckless
107 Driving; or
108 (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
109 violation of comparable county or municipal ordinances; or
110 (ii) 35% upon conviction of any other offense, including violation of county or
111 municipal ordinances not subject to the 85% surcharge.
112 (2) The surcharge may not be imposed:
113 (a) upon nonmoving traffic violations;
114 (b) upon court orders when the offender is ordered to perform compensatory service
115 work in lieu of paying a fine; and
116 (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment
117 of a case under Section 78-3a-502 .
118 (3) (a) The surcharge and the exceptions under Subsections (1) and (2) also apply to
119 all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
120 committed by an adult.

121 (b) However, the surcharge does not include amounts assessed or collected separately
122 by juvenile courts for the Juvenile Restitution Account, which is independent of this chapter
123 and does not affect the imposition or collection of the surcharge.
124 (4) The surcharge under this section shall be imposed in addition to the fine charged
125 for a civil or criminal offense, and no reduction may be made in the fine charged due to the
126 surcharge imposition.
127 (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
128 authorized and managed by this chapter rather than attached to particular offenses.
129 Section 5. Section 63-63a-2 is amended to read:
130 63-63a-2. Division of collected monies retained by state treasurer and local
131 governmental collecting entity -- Purpose of surcharge -- Allocation of collections --
132 Financial information.
133 (1) The amount of the surcharge imposed under this chapter by courts of record shall
134 be collected before any fine and deposited with the state treasurer.
135 (2) The amount of the surcharge and the amount of criminal fines, h [ civil fines, ] h penalties,
136 and forfeitures imposed under this chapter by courts not of record [and administrative traffic
137 proceedings in accordance with Section 10-3-703.5 ] shall be collected concurrently.
138 (a) As monies are collected on criminal fines, h [ civil fines, ] h penalties, and forfeitures
139 subject to the 85% surcharge, the monies shall be divided pro rata so that the local
140 governmental collecting entity retains 54% of the collected monies and the state retains 46% of
141 the collected monies.
142 (b) As monies are collected on criminal fines, h [ civil fines, ] h penalties, and forfeitures
143 subject to the 35% surcharge, the monies shall be divided pro rata so that the local
144 governmental collecting entity retains 74% of the collected monies and the state retains 26% of
145 the collected monies.
146 (c) The court shall deposit with the state treasurer the surcharge portion of all monies
147 as they are collected.
148 (3) Courts of record, courts not of record, and administrative traffic proceedings shall
149 collect financial information to determine:
150 (a) the total number of cases in which:
151 (i) a final judgment has been rendered;

152 (ii) surcharges and fines are paid by partial or installment payment; and
153 (iii) the judgment is fulfilled by an alternative method upon the court's order;
154 (b) the total dollar amounts of surcharges owed to the state and fines owed to the state
155 and county or municipality, including:
156 (i) waived surcharges;
157 (ii) uncollected surcharges; and
158 (iii) collected surcharges.
159 (4) The courts of record, courts not of record, and administrative traffic proceedings
160 shall report all collected financial information monthly to the Administrative Office of the
161 Courts. The collected information shall be categorized by cases subject to the 85% and 35%
162 surcharge.
163 (5) The purpose of the surcharge is to finance the trust funds and support accounts as
164 provided in this chapter.
165 (6) (a) From the surcharge, the Division of Finance shall allocate in the manner and for
166 the purposes described in Sections 63-63a-3 through 63-63a-9 .
167 (b) The balance of the collected surcharge shall be deposited in the General Fund.
168 (c) Allocations shall be made on a fiscal year basis.
169 (7) The provisions of Sections 63-63a-1 and 63-63a-2 may not impact the distribution
170 and allocation of fines and forfeitures imposed in accordance with Sections 23-14-13 ,
171 78-3-14.5 , and 78-5-116 .
172 Section 6. Section 78-7-35 is amended to read:
173 78-7-35. Civil fees of the courts of record -- Courts complex design.
174 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
175 court of record not governed by another subsection is $140.
176 (b) The fee for filing a complaint or petition is:
177 (i) $45 if the claim for damages or amount in interpleader exclusive of court costs,
178 interest, and attorney fees is $2,000 or less;
179 (ii) $90 if the claim for damages or amount in interpleader exclusive of court costs,
180 interest, and attorney fees is greater than $2,000 and less than $10,000;
181 (iii) $140 if the claim for damages or amount in interpleader is $10,000 or more; and
182 (iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter

183 4, Separate Maintenance.
184 (c) The fee for filing a small claims affidavit is:
185 (i) $45 if the claim for damages or amount in interpleader exclusive of court costs,
186 interest, and attorney fees is $2,000 or less; and
187 (ii) $70 if the claim for damages or amount in interpleader exclusive of court costs,
188 interest, and attorney fees is greater than $2,000.
189 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
190 complaint, or other claim for relief against an existing or joined party other than the original
191 complaint or petition is:
192 (i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is
193 $2,000 or less;
194 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
195 greater than $2,000 and less than $10,000;
196 (iii) $90 if the original petition is filed under Subsection (1)(a), the claim for relief is
197 $10,000 or more, or the party seeks relief other than monetary damages; and
198 (iv) $70 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
199 Chapter 4, Separate Maintenance.
200 (e) The fee for filing a small claims counter affidavit is:
201 (i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is
202 $2,000 or less; and
203 (ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
204 greater than $2,000.
205 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
206 action already before the court is determined under Subsection (1)(b) based on the amount
207 deposited.
208 (g) The fee for filing a petition is:
209 (i) $70 for trial de novo of an adjudication of the justice court or of the small claims
210 department; and
211 (ii) $40 for an appeal of a municipal administrative determination in accordance with
212 Section 10-3-703.7 .
213 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or

214 petition for writ of certiorari is $190.
215 (i) (i) Except for a petition filed under Subsection 77-18-10 (2), the fee for filing a
216 petition for expungement is $50.
217 (ii) There is no fee for a petition filed under Subsection 77-18-10 (2).
218 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
219 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
220 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
221 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
222 Act.
223 (ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be
224 allocated by the state treasurer to be deposited in the restricted account, Children's Legal
225 Defense Account, as provided in Section 63-63a-8 .
226 (iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
227 (1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in
228 Section 78-31b-9 .
229 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
230 United States is $25.
231 (l) The fee for filing probate or child custody documents from another state is $25.
232 (m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
233 Utah State Tax Commission is $30.
234 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
235 or a judgment, order, or decree of an administrative agency, commission, board, council, or
236 hearing officer of this state or of its political subdivisions other than the Utah State Tax
237 Commission, is $40.
238 (n) The fee for filing a judgment by confession without action under Section 78-22-3 is
239 $25.
240 (o) The fee for filing an award of arbitration for confirmation, modification, or
241 vacation under Title 78, Chapter 31a, [Utah] Arbitration Act, that is not part of an action before
242 the court is $25.
243 (p) The fee for filing a petition or counter-petition to modify a decree of divorce is $40.
244 (q) The fee for filing any accounting required by law is:

245 (i) $10 for an estate valued at $50,000 or less;
246 (ii) $20 for an estate valued at $75,000 or less but more than $50,000;
247 (iii) $40 for an estate valued at $112,000 or less but more than $75,000;
248 (iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
249 (v) $150 for an estate valued at more than $168,000.
250 (r) The fee for filing a demand for a civil jury is $75.
251 (s) The fee for filing a notice of deposition in this state concerning an action pending in
252 another state under Utah Rule of Civil Procedure 26 is $25.
253 (t) The fee for filing documents that require judicial approval but are not part of an
254 action before the court is $25.
255 (u) The fee for a petition to open a sealed record is $25.
256 (v) The fee for a writ of replevin, attachment, execution, or garnishment is $35 in
257 addition to any fee for a complaint or petition.
258 (w) The fee for a petition for authorization for a minor to marry required by Section
259 30-1-9 is $5.
260 (x) The fee for a certificate issued under Section 26-2-25 is $2.
261 (y) The fee for a certified copy of a document is $4 per document plus 50 cents per
262 page.
263 (z) The fee for an exemplified copy of a document is $6 per document plus 50 cents
264 per page.
265 (aa) The Judicial Council shall by rule establish a schedule of fees for copies of
266 documents and forms and for the search and retrieval of records under Title 63, Chapter 2,
267 Government Records Access and Management Act. Fees under this Subsection (1)(aa) shall be
268 credited to the court as a reimbursement of expenditures.
269 (bb) There is no fee for services or the filing of documents not listed in this section or
270 otherwise provided by law.
271 (cc) Except as provided in this section, all fees collected under this section are paid to
272 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
273 accepts the pleading for filing or performs the requested service.
274 (dd) The filing fees under this section may not be charged to the state, its agencies, or
275 political subdivisions filing or defending any action. In judgments awarded in favor of the

276 state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
277 shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
278 collected under this Subsection (1)(dd) shall be applied to the fees after credit to the judgment,
279 order, fine, tax, lien, or other penalty and costs permitted by law.
280 (2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts
281 shall transfer all revenues representing the difference between the fees in effect after May 2,
282 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of
283 Facilities Construction and Management Capital Projects Fund.
284 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
285 Construction and Management shall use up to $3,750,000 of the revenue deposited in the
286 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
287 initiate the development of a courts complex in Salt Lake City.
288 (B) If the Legislature approves funding for construction of a courts complex in Salt
289 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
290 Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
291 (2)(a)(ii) to construct a courts complex in Salt Lake City.
292 (C) After the courts complex is completed and all bills connected with its construction
293 have been paid, the Division of Facilities Construction and Management shall use any monies
294 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
295 District Court building.
296 (iii) The Division of Facilities Construction and Management may enter into
297 agreements and make expenditures related to this project before the receipt of revenues
298 provided for under this Subsection (2)(a)(iii).
299 (iv) The Division of Facilities Construction and Management shall:
300 (A) make those expenditures from unexpended and unencumbered building funds
301 already appropriated to the Capital Projects Fund; and
302 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
303 under this Subsection (2).
304 (b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
305 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
306 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted

307 account.
308 (c) The Division of Finance shall deposit all revenues received from the court
309 administrator into the restricted account created by this section.
310 (d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall
311 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
312 Vehicles, in a court of record to the Division of Facilities Construction and Management
313 Capital Projects Fund. The division of money pursuant to Section 78-3-14.5 shall be calculated
314 on the balance of the fine or bail forfeiture paid.
315 (ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer
316 $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in
317 a court of record [or an administrative traffic proceeding in accordance with Section
318 10-3-703.5 ] to the Division of Finance for deposit in the restricted account created by this
319 section. The division of money pursuant to Section 78-3-14.5 shall be calculated on the
320 balance of the fine or bail forfeiture paid.
321 (3) (a) There is created within the General Fund a restricted account known as the State
322 Courts Complex Account.
323 (b) The Legislature may appropriate monies from the restricted account to the
324 administrator of the courts for the following purposes only:
325 (i) to repay costs associated with the construction of the court complex that were
326 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
327 (ii) to cover operations and maintenance costs on the court complex.




Legislative Review Note
as of 1-27-03 2:00 PM

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

Office of Legislative Research and General Counsel