H.B. 371 Enrolled

COURT SECURITY FEE
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Hogue
This act increases court fees to fund the creation of a Court Security Account. The fund
is to be used to contract for security at courts across the state, and appropriates funds to
the Administrative Office of the Courts for that purpose only.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-7-35, as last amended by Chapters 250 and 329, Laws of Utah 2002
ENACTS:
63-63c-101, Utah Code Annotated 1953
63-63c-102, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-63c-101 is enacted to read:
CHAPTER 63c. COURT SECURITY
63-63c-101. Security surcharge -- Application and exemptions -- Deposit in
restricted account.
(1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
of $25 shall be assessed in all courts of record on all criminal convictions and juvenile
delinquency judgments.
(2) The security surcharge may not be imposed upon:
(a) nonmoving traffic violations;
(b) community service; and
(c) penalties assessed by the juvenile court as part of the nonjudicial adjustment of a
case under Section 78-3a-502 .
(3) The security surcharge shall be collected after the surcharge under Section
63-63a-1 , but before any fine, and deposited with the state treasurer. A fine that would
otherwise have been charged may not be reduced due to the imposition of the security

surcharge.
(4) The state treasurer shall deposit the collected security surcharge in the restricted
account, Court Security Account, as provided in Section 63-63c-102 .
Section 2. Section 63-63c-102 is enacted to read:
63-63c-102. Court Security Account established -- Funding -- Uses.
(1) There is created a restricted account in the General Fund known as the Court Security
Account.
(2) The state treasurer shall deposit in the Court Security Account collected monies from
the surcharge established in Section 63-63c-101 and from the portion of filing fees established in
Subsections 78-7-35 (1)(j)(iv) and (v).
(3) The Administrative Office of the Courts shall use the allocation only to contract for
court security.
Section 3. Section 78-7-35 is amended to read:
78-7-35. 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 [$140] $155.
(b) The fee for filing a complaint or petition is:
(i) [$45] $50 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii) [$90] $95 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) [$140] $155 if the claim for damages or amount in interpleader is $10,000 or more;
and
(iv) [$80] $95 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) $45 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less; and

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(ii) $70 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) [$70] $75 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] $105 if the original petition is filed under Subsection (1)(a), the claim for
relief is $10,000 or more, or the party seeks relief other than monetary damages; and
(iv) [$70] $85 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] $75 for trial de novo of an adjudication of the justice court or of the small
claims department; and
(ii) [$40] $55 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] $205.

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(i) (i) Except for a petition filed under Subsection 77-18-10 (2), the fee for filing a
petition for expungement is [$50] $65.
(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 and between the Judges' Contributory Retirement Trust Fund and the Judges'
Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory 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 .
(iv) Fifteen dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
(1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
deposited in the restricted account, Court Security Account, as provided in Section 63-63c-102 .
(v) Five dollars of the fees established by Subsections (1)(b)(ii), (1)(d)(ii) and (1)(g)(i)
shall be allocated by the state treasurer to be deposited in the restricted account, Court Security
Account, as provided in Section 63-63c-102 .
(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.

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(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 $40.
(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 $75.
(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 $35 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 $4 per document plus 50 cents per page.
(z) The fee for an exemplified copy of a document is $6 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,

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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.
(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

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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 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.

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(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 4. Appropriation.
(1) There is appropriated from the Court Security Account for fiscal year 2002-03,
$550,000 to the Administrative Office of the Courts, to be used only for court security purposes.
(2) There is appropriated from the Court Security Account for fiscal year 2003-04,
$2,200,000 to the Administrative Office of the Courts, to be used only for court security
purposes.

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