S.B. 161

1

CRIMINAL SURCHARGE AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 51, Chapter 9, Funds and Accounts Act, in relation to the
10 distribution of criminal surcharges.
11 Highlighted Provisions:
12 This bill:
13 . amends the pro rata division of money collected on criminal fines, penalties, and
14 forfeitures subject to a 90% surcharge, so that the local governmental collecting
15 entity retains 5% more and the state retains 5% less; and
16 . amends the pro rata division of money collected on criminal fines, penalties, and
17 forfeitures subject to a 35% surcharge, so that the local governmental collecting
18 entity retains 5% more and the state retains 5% less.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 51-9-402 , as last amended by Laws of Utah 2011, Chapter 342
26

27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 51-9-402 is amended to read:
29 51-9-402. Division of collected money retained by state treasurer and local
30 governmental collecting entity -- Purpose of surcharge -- Allocation of collections --
31 Financial information.
32 (1) The amount of the surcharge imposed under this part by courts of record shall be
33 collected before any fine and deposited with the state treasurer.
34 (2) The amount of the surcharge and the amount of criminal fines, penalties, and
35 forfeitures imposed under this part by courts not of record shall be collected concurrently.
36 (a) As money is collected on criminal fines, penalties, and forfeitures subject to the
37 90% surcharge, the money shall be divided pro rata so that the local governmental collecting
38 entity retains [53%] 58% of the collected money and the state retains [47%] 42% of the
39 collected money.
40 (b) As money is collected on criminal fines, penalties, and forfeitures subject to the
41 35% surcharge, the money shall be divided pro rata so that the local governmental collecting
42 entity retains [74%] 79% of the collected money and the state retains [26%] 21% of the
43 collected money.
44 (c) The court shall deposit with the state treasurer the surcharge portion of all money
45 as it is collected.
46 (3) Courts of record, courts not of record, and administrative traffic proceedings shall
47 collect financial information to determine:
48 (a) the total number of cases in which:
49 (i) a final judgment has been rendered;
50 (ii) surcharges and fines are paid by partial or installment payment; and
51 (iii) the judgment is fulfilled by an alternative method upon the court's order; and
52 (b) the total dollar amounts of surcharges owed to the state and fines owed to the
53 state and county or municipality, including:
54 (i) waived surcharges;
55 (ii) uncollected surcharges; and
56 (iii) collected surcharges.

57 (4) The courts of record, courts not of record, and administrative traffic proceedings
58 shall report all collected financial information monthly to the Administrative Office of the
59 Courts. The collected information shall be categorized by cases subject to the 90% and 35%
60 surcharge.
61 (5) The purpose of the surcharge is to finance the trust funds and support accounts as
62 provided in this part.
63 (6) (a) From the surcharge, the Division of Finance shall allocate in the manner and
64 for the purposes described in Sections 51-9-403 through 51-9-411 .
65 (b) Allocations shall be made on a fiscal year basis.
66 (7) The provisions of this section and Section 51-9-401 may not impact the
67 distribution and allocation of fines and forfeitures imposed in accordance with Sections
68 23-14-13 , 78A-5-110 , and 78A-7-120 .




Legislative Review Note
as of 1-27-14 10:16 AM

Office of Legislative Research and General Counsel