H.B. 2002

1

COURT SECURITY FUND AMENDMENTS
2 2003 SECOND SPECIAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Hogue
5
6 LONG TITLE
7 General Description:
8 This bill corrects a cross-reference that was inadvertently omitted from this section
9 during the 2003 General Session.
10 Highlighted Provisions:
11 This bill:
12 . redirects the five dollar increase in the filing fee for a complaint into the Court
13 Security Account.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides an immediate effective date.
18 Utah Code Sections Affected:
19 AMENDS:
20 78-7-35, as last amended by Chapters 156 and 340, Laws of Utah 2003
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78-7-35 is amended to read:
24 78-7-35. Civil fees of the courts of record -- Courts complex design.
25 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
26 court of record not governed by another subsection is $155.
27 (b) The fee for filing a complaint or petition is:

28 (i) $50 if the claim for damages or amount in interpleader exclusive of court costs,
29 interest, and attorney fees is $2,000 or less;
30 (ii) $95 if the claim for damages or amount in interpleader exclusive of court costs,
31 interest, and attorney fees is greater than $2,000 and less than $10,000;
32 (iii) $155 if the claim for damages or amount in interpleader is $10,000 or more; and
33 (iv) $95 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
34 4, Separate Maintenance.
35 (c) The fee for filing a small claims affidavit is:
36 (i) $45 if the claim for damages or amount in interpleader exclusive of court costs,
37 interest, and attorney fees is $2,000 or less; and
38 (ii) $70 if the claim for damages or amount in interpleader exclusive of court costs,
39 interest, and attorney fees is greater than $2,000.
40 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
41 complaint, or other claim for relief against an existing or joined party other than the original
42 complaint or petition is:
43 (i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is
44 $2,000 or less;
45 (ii) $75 if the claim for relief exclusive of court costs, interest, and attorney fees is
46 greater than $2,000 and less than $10,000;
47 (iii) $105 if the original petition is filed under Subsection (1)(a), the claim for relief is
48 $10,000 or more, or the party seeks relief other than monetary damages; and
49 (iv) $85 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
50 Chapter 4, Separate Maintenance.
51 (e) The fee for filing a small claims counter affidavit is:
52 (i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is
53 $2,000 or less; and
54 (ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
55 greater than $2,000.
56 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
57 action already before the court is determined under Subsection (1)(b) based on the amount
58 deposited.

59 (g) The fee for filing a petition is:
60 (i) $75 for trial de novo of an adjudication of the justice court or of the small claims
61 department; and
62 (ii) $55 for an appeal of a municipal administrative determination in accordance with
63 Section 10-3-703.7 .
64 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
65 petition for writ of certiorari is $205.
66 (i) (i) Except for a petition filed under Subsection 77-18-10 (2), the fee for filing a
67 petition for expungement is $65.
68 (ii) There is no fee for a petition filed under Subsection 77-18-10 (2).
69 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
70 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
71 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
72 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
73 Act.
74 (ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be
75 allocated by the state treasurer to be deposited in the restricted account, Children's Legal
76 Defense Account, as provided in Section 63-63a-8 .
77 (iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
78 (1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in
79 Section 78-31b-9 .
80 (iv) Fifteen dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
81 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
82 deposited in the restricted account, Court Security Account, as provided in Section 63-63c-102 .
83 (v) Five dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and
84 (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account, Court
85 Security Account, as provided in Section 63-63c-102 .
86 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
87 United States is $25.
88 (l) The fee for filing probate or child custody documents from another state is $25.
89 (m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the

90 Utah State Tax Commission is $30.
91 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
92 or a judgment, order, or decree of an administrative agency, commission, board, council, or
93 hearing officer of this state or of its political subdivisions other than the Utah State Tax
94 Commission, is $40.
95 (n) The fee for filing a judgment by confession without action under Section 78-22-3 is
96 $25.
97 (o) The fee for filing an award of arbitration for confirmation, modification, or
98 vacation under Title 78, Chapter 31a, Utah Uniform Arbitration Act, that is not part of an
99 action before the court is $25.
100 (p) The fee for filing a petition or counter-petition to modify a decree of divorce is $40.
101 (q) The fee for filing any accounting required by law is:
102 (i) $10 for an estate valued at $50,000 or less;
103 (ii) $20 for an estate valued at $75,000 or less but more than $50,000;
104 (iii) $40 for an estate valued at $112,000 or less but more than $75,000;
105 (iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
106 (v) $150 for an estate valued at more than $168,000.
107 (r) The fee for filing a demand for a civil jury is $75.
108 (s) The fee for filing a notice of deposition in this state concerning an action pending in
109 another state under Utah Rule of Civil Procedure 26 is $25.
110 (t) The fee for filing documents that require judicial approval but are not part of an
111 action before the court is $25.
112 (u) The fee for a petition to open a sealed record is $25.
113 (v) The fee for a writ of replevin, attachment, execution, or garnishment is $35 in
114 addition to any fee for a complaint or petition.
115 (w) The fee for a petition for authorization for a minor to marry required by Section
116 30-1-9 is $5.
117 (x) The fee for a certificate issued under Section 26-2-25 is $2.
118 (y) The fee for a certified copy of a document is $4 per document plus 50 cents per
119 page.
120 (z) The fee for an exemplified copy of a document is $6 per document plus 50 cents

121 per page.
122 (aa) The Judicial Council shall by rule establish a schedule of fees for copies of
123 documents and forms and for the search and retrieval of records under Title 63, Chapter 2,
124 Government Records Access and Management Act. Fees under this Subsection (1)(aa) shall be
125 credited to the court as a reimbursement of expenditures.
126 (bb) There is no fee for services or the filing of documents not listed in this section or
127 otherwise provided by law.
128 (cc) Except as provided in this section, all fees collected under this section are paid to
129 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
130 accepts the pleading for filing or performs the requested service.
131 (dd) The filing fees under this section may not be charged to the state, its agencies, or
132 political subdivisions filing or defending any action. In judgments awarded in favor of the
133 state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
134 shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
135 collected under this Subsection (1)(dd) shall be applied to the fees after credit to the judgment,
136 order, fine, tax, lien, or other penalty and costs permitted by law.
137 (2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts
138 shall transfer all revenues representing the difference between the fees in effect after May 2,
139 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of
140 Facilities Construction and Management Capital Projects Fund.
141 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
142 Construction and Management shall use up to $3,750,000 of the revenue deposited in the
143 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
144 initiate the development of a courts complex in Salt Lake City.
145 (B) If the Legislature approves funding for construction of a courts complex in Salt
146 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
147 Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
148 (2)(a)(ii) to construct a courts complex in Salt Lake City.
149 (C) After the courts complex is completed and all bills connected with its construction
150 have been paid, the Division of Facilities Construction and Management shall use any monies
151 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal

152 District Court building.
153 (iii) The Division of Facilities Construction and Management may enter into
154 agreements and make expenditures related to this project before the receipt of revenues
155 provided for under this Subsection (2)(a)(iii).
156 (iv) The Division of Facilities Construction and Management shall:
157 (A) make those expenditures from unexpended and unencumbered building funds
158 already appropriated to the Capital Projects Fund; and
159 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
160 under this Subsection (2).
161 (b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
162 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
163 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
164 account.
165 (c) The Division of Finance shall deposit all revenues received from the court
166 administrator into the restricted account created by this section.
167 (d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall
168 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
169 Vehicles, in a court of record to the Division of Facilities Construction and Management
170 Capital Projects Fund. The division of money pursuant to Section 78-3-14.5 shall be calculated
171 on the balance of the fine or bail forfeiture paid.
172 (ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer
173 $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in
174 a court of record to the Division of Finance for deposit in the restricted account created by this
175 section. The division of money pursuant to Section 78-3-14.5 shall be calculated on the
176 balance of the fine or bail forfeiture paid.
177 (3) (a) There is created within the General Fund a restricted account known as the State
178 Courts Complex Account.
179 (b) The Legislature may appropriate monies from the restricted account to the
180 administrator of the courts for the following purposes only:
181 (i) to repay costs associated with the construction of the court complex that were
182 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and

183 (ii) to cover operations and maintenance costs on the court complex.
184 Section 2. Effective date.
185 If approved by two-thirds of all the members elected to each house, this bill takes effect
186 upon approval by the governor, or the day following the constitutional time limit of Utah
187 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
188 the date of veto override.




Legislative Review Note
as of 10-20-03 12:49 PM

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

Office of Legislative Research and General Counsel

Interim Committee Note
as of 11-13-03 11:38 AM

The Judiciary Interim Committee recommended this bill.