1     
CITATION FINES AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Don L. Ipson

5     
House Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill concerns the disposition of a justice court fine for a violation issued by the
10     Utah Highway Patrol.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires that a fine collected by a justice court for certain violations issued by the
14     Utah Highway Patrol be paid to the General Fund; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78A-7-120, as last amended by Laws of Utah 2021, Chapter 280
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78A-7-120 is amended to read:
26          78A-7-120. Disposition of fines.
27          (1) As used in this section:

28          (a) "County of the first class" means the same as that term is described in Section
29     17-50-501.
30          (b) "Highway Patrol" means the same as that term is defined in Section 53-8-102.
31          [(1)] (2) (a) Except as otherwise [specified by] provided in this section, [fines and
32     forfeitures] a fine or forfeiture collected by a justice court shall be remitted, 1/2 to the treasurer
33     of the local government responsible for the court and 1/2 to the treasurer of the local
34     government [which] that prosecutes or [which] would prosecute the violation.
35          (b) An interlocal agreement created [pursuant to] under Title 11, Chapter 13, Interlocal
36     Cooperation Act, related to justice courts may alter the ratio provided in this section if the
37     parties agree.
38          [(2)] (3) (a) For a violation of Title 23, Wildlife Resources Code of Utah, the justice
39     court shall allocate 85% to the Division of Wildlife Resources and 15% to the general fund of
40     the city or county government responsible for the justice court.
41          (b) For a violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
42     18, State Boating Act, the justice court shall allocate 85% to the Division of Recreation and
43     15% to the general fund of the city or county government responsible for the justice court.
44          (c) [Fines and forfeitures] A fine or forfeiture collected by the justice court for a
45     violation of Section 41-6a-1302 in [instances] an instance where evidence of the violation
46     [was] is obtained by an automated traffic enforcement safety device as described in Section
47     41-6a-1310 shall be remitted:
48          (i) 20% to the school district or private school that owns or contracts for the use of the
49     school bus; and
50          (ii) 80% in accordance with Subsection [(1)] (2).
51          [(3)] (4) The surcharge established by Section 51-9-401 shall be paid to the state
52     treasurer and deposited into the General Fund.
53          [(4) Fines, fees, court costs, and forfeitures] (5) A fine, fee, court cost, or forfeiture
54     collected by a [municipal or county] justice court for a violation of Section 72-7-404 or
55     72-7-406 regarding maximum weight limitations and overweight permits, minus court costs
56     not to exceed the schedule adopted by the Judicial Council, shall be paid to the state treasurer
57     and allocated to the Department of Transportation for class B and class C roads.
58          [(5)] (6) Revenue allocated for class B and class C roads [pursuant to] under

59     Subsection [(4)] (5) is supplemental to the money appropriated under Section 72-2-107 but
60     shall be expended in the same manner as other class B and class C road funds.
61          [(6)] (7) (a) [Fines and forfeitures] A fine or forfeiture collected by the justice court for
62     a second or subsequent violation under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall
63     be remitted:
64          (i) 60% to the state treasurer to be deposited [in] into the Transportation Fund; and
65          (ii) 40% in accordance with Subsection [(1)] (2).
66          (b) [Fines and forfeitures] A fine or forfeiture collected by the justice court for a
67     second or subsequent violation under Subsection 72-7-409(6)(d) shall be remitted:
68          (i) 50% to the state treasurer to be deposited [in] into the Transportation Fund; and
69          (ii) 50% in accordance with Subsection [(1)] (2).
70          (8) Notwithstanding any other provision of this section, a fine collected by the justice
71     court for a violation issued by the Highway Patrol in a county of the first class shall be paid to
72     the state treasurer and deposited into the General Fund.