1     
FACILITY OF PAYMENT TO MINOR AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Waldrip

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to payments to a minor.
10     Highlighted Provisions:
11          This bill:
12          ▸     increases the statutory threshold for a person who has a duty to pay or deliver
13     money or personal property to a minor from $10,000 per annum to $15,000 per
14     annum;
15          ▸     clarifies that, when the money or personal property owed originates from a personal
16     injury claim or a wrongful death claim, the threshold of $15,000 per annum is the
17     amount paid after other expenses;
18          ▸     provides that money from a personal injury claim or a wrongful death claim shall be
19     held for the minor in a trust until the minor reaches 18 years old;
20          ▸     allows a parent or guardian of the minor to petition the court to request
21     disbursement of the money in the trust before the minor is 18 years old; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          75-5-102, as last amended by Laws of Utah 2004, Chapter 198
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 75-5-102 is amended to read:
33          75-5-102. Facility of payment or delivery.
34          (1) Any person under a duty to pay or deliver money or personal property to a minor
35     may perform [this duty] the duty to pay or deliver money or personal property, in amounts not
36     exceeding [$10,000] $15,000 per annum, by paying or delivering the money or personal
37     property to:
38          (a) the minor[, if he] if:
39          (i) the minor is married; or [if]
40          (ii) payment to the minor is expressly authorized by statute;
41          (b) any person having the care and custody of the minor with whom the minor resides;
42     or
43          (c) a guardian of the minor.
44          (2) This section does not apply if the person making payment or delivery has actual
45     knowledge that a conservator has been appointed or proceedings for appointment of a
46     conservator of the estate of the minor are pending.
47          [(3) The persons]
48          (3) (a) Any person, other than the minor, receiving money or property for a minor [are]:
49          (i) is obligated to apply the money to the support and education of the minor; and
50          (ii) may not pay [themselves] oneself except by way of reimbursement for
51     out-of-pocket expenses for goods and services necessary for the minor's support.
52          (b) Any excess sums of money under Subsection (3)(a) shall be preserved for future
53     support of the minor.
54          (c) Any balance [not so] of money that is not used and any property received for the
55     minor must be turned over to the minor when [he] the minor attains [majority] the age of 18.
56          (4) (a) If any money under Subsection (1) is the result of a personal injury claim or
57     wrongful death claim, the threshold amount of $15,000 per annum described in Subsection (1)
58     shall be the amount payable to the minor after the payment of medical bills, attorney fees, and
59     costs of litigation that were incurred by the claim.
60          (b) Any person, other than the minor, receiving money under Subsection (4)(a) for a
61     minor shall hold the money in a trust for the sole benefit of the minor.
62          (c) Any money that is held in a trust for a minor under Subsection (4)(b) shall be turned
63     over to the minor when the minor attains the age of 18.
64          (d) Notwithstanding Subsection (4)(c), a parent or guardian of the minor may petition
65     the court to request the disbursement of the money held in the trust for the minor under
66     Subsection (4)(b) at any time before the minor is 18 years old.
67          [(4) Persons]
68          (5) Any person receiving money under this section on behalf of a minor shall have the
69     power to settle and release in whole or in part the claims belonging to the minor giving rise to
70     the duty to pay money to the minor.
71          [(5) Persons who pay or deliver]
72          (6) Any person who pays or delivers in accordance with provisions of this section [are]
73     is not responsible for the proper application thereof.