S.B. 210

1

SURCHARGE ON MOVING TRAFFIC
2 VIOLATIONS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Mike Dmitrich
6 This act modifies the State Affairs in General title by imposing a $20 peace officer
7 retirement surcharge on moving traffic violations. This act provides for the collection
8 and distribution of the surcharge monies to the public safety retirement trust funds. This
9 act takes effect on July 1, 2003.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 63-63c-101, Utah Code Annotated 1953
13 63-63c-102, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 63-63c-101 is enacted to read:
16 CHAPTER 63c. PEACE OFFICER RETIREMENT SURCHARGE
17 63-63c-101. Peace officer retirement surcharge -- Application and exemptions.
18 (1) (a) In addition to any surcharge imposed under Section 63-63a-1 , a peace officer
19 retirement surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by a
20 court for any offense described in Subsection (1)(b).
21 (b) The peace officer retirement surcharge is $20 upon conviction of any moving traffic
22 violation, including a violation of county or municipal ordinances.
23 (2) The peace officer retirement surcharge may not be imposed:
24 (a) upon nonmoving traffic violations;
25 (b) upon court orders when the offender is ordered to perform community service work
26 in lieu of paying a fine; and
27 (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment

28 of a case under Section 78-3a-502 .
29 (3) The peace officer retirement surcharge does not include amounts assessed or
30 collected separately by juvenile courts for the Juvenile Restitution Account, which is
31 independent of this chapter and does not affect the imposition or collection of the peace officer
32 retirement surcharge.
33 (4) The peace officer retirement surcharge under this section shall be imposed in
34 addition to the fine charged for a criminal offense, and no reduction may be made in the fine
35 charged due to the imposition of the peace officer retirement surcharge.
36 Section 2. Section 63-63c-102 is enacted to read:
37 63-63c-102. Distribution of collected monies -- Purpose of peace officer retirement
38 surcharge -- Allocation of collections -- Recordkeeping.
39 (1) The amount of the peace officer retirement surcharge imposed in Section
40 63-63c-101 by courts of record shall be collected after the surcharge under Section 63-63a-1 ,
41 but before any fine, and deposited with the state treasurer.
42 (2) (a) The amount of the peace officer retirement surcharge and the amount of
43 criminal fines, penalties, and forfeitures imposed under Section 63-63c-101 by courts not of
44 record shall be collected concurrently.
45 (b) As monies are collected on criminal fines, penalties, and forfeitures subject to the
46 peace officer retirement surcharge, the local governmental collecting entity shall remit the
47 peace officer retirement surcharge to the state treasurer.
48 (3) Courts of record and not of record shall collect financial information to determine:
49 (a) the total number of cases in which:
50 (i) a final judgment has been rendered;
51 (ii) peace officer retirement surcharges and fines are paid by partial or installment
52 payment; and
53 (iii) the judgment is fulfilled by an alternative method upon the court's order;
54 (b) the total dollar amounts of peace officer retirement surcharges owed, including:
55 (i) waived peace officer retirement surcharges;
56 (ii) uncollected peace officer retirement surcharges; and
57 (iii) collected peace officer retirement surcharges.
58 (4) The courts of record and not of record shall report all collected financial

59 information monthly to the Administrative Office of the Courts for cases subject to the peace
60 officer retirement surcharge.
61 (5) (a) The Division of Finance shall remit the monies from the peace officer
62 retirement surcharge to the Utah State Retirement Board to be deposited in the Public Safety
63 Contributory Retirement Trust Fund and the Public Safety Noncontributory Retirement Trust
64 Fund created under Section 49-15-104 .
65 (b) The Utah State Retirement Board shall divide the money described under
66 Subsection (5)(a) between the trust funds based upon the respective membership and liabilities
67 of the Public Safety Contributory Retirement System and the Public Safety Noncontributory
68 Retirement System.
69 (6) The provisions of this section and Section 63-63c-101 may not impact the
70 distribution and allocation of fines and forfeitures imposed in accordance with Sections
71 23-14-13 , 78-3-14.5 , and 78-5-116 .
72 Section 3. Effective date.
73 This act takes effect on July 1, 2003.




Legislative Review Note
as of 2-17-03 9:38 AM

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

Office of Legislative Research and General Counsel