Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 380 First Substitute (2015GS)

Sponsor

Rep. Edwards, R.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows for situations where a parent caring for a disabled adult child is divorced or separated from the other parent and the disabled adult dies;
• provides for a person who was a guardian of an incapacitated adult to direct the disposition of the decedent's remains if there is no other person; and
• reduces the filing fee for a guardianship when the prospective ward is the biological or adoptive child of the petitioner.

Every vote on this bill

Bill text

DISABLED ADULT GUARDIANSHIP AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca P. Edwards
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill provides for the disposition of the remains of a decedent when the decedent
was a disabled adult residing with a guardian, and reduces the filing fee for
guardianships under certain circumstances.
Highlighted Provisions:
This bill:
▸ allows for situations where a parent caring for a disabled adult child is divorced or
separated from the other parent and the disabled adult dies;
▸ provides for a person who was a guardian of an incapacitated adult to direct the
disposition of the decedent's remains if there is no other person; and
▸ reduces the filing fee for a guardianship when the prospective ward is the biological
or adoptive child of the petitioner.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-9-602
, as last amended by Laws of Utah 2013, Chapter 364
78A-2-301
, as last amended by Laws of Utah 2014, Chapters 189 and 263
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-9-602
 is amended to read:
58-9-602.
Determination of control of disposition.
The right and duty to control the disposition of a deceased person, [
including
] 
which
may include cremation as well as
 the location, manner and conditions of the disposition, and
arrangements for funeral goods and services to be provided [
vest
]
, vests
 in the following
degrees of relationship in the order named, provided the person is at least 18 and is mentally
competent:
(1) the person designated:
(a) in a written instrument, excluding a power of attorney that terminates at death under
Sections 
75-5-501
 and 
75-5-502
, if the written instrument is acknowledged before a Notary
Public or executed with the same formalities required of a will under Section 
75-2-502
; or
(b) by a service member while serving in a branch of the United States Armed Forces
as defined in 10 U.S.C. Sec. 1481 in a federal Record of Emergency Data, DD Form 93 or
subsequent form;
(2) the surviving, legally recognized spouse of the decedent, unless a personal
representative was nominated by the decedent subsequent to the marriage, in which case the
personal representative shall take priority over the spouse;
(3) the person nominated to serve as the personal representative of the decedent's estate
in a will executed with the formalities required in Section 
75-2-502
;
(4) (a) the sole surviving child of the decedent, or if there is more than one child of the
decedent, the majority of the surviving children;
(b) less than one-half of the surviving children are vested with the rights of this section
if they have used reasonable efforts to notify all other surviving children of their instructions
and are not aware of any opposition to those instructions on the part of more than one-half of
all surviving children;
(5) the surviving parent or parents of the decedent, [
and
] 
however:
(a)
 if one of the surviving parents is absent, the remaining parent is vested with the
rights and duties of this section after reasonable efforts have been unsuccessful in locating the
absent surviving parent; 
or
(b) if the parents are divorced or separated and the decedent was an incapacitated adult,
the parent who was designated as the guardian of the decedent is vested with the rights and
duties of this section;
(6) (a) the surviving brother or sister of the decedent, or if there is more than one
sibling of the decedent, the majority of the surviving siblings;
(b) less than the majority of surviving siblings [
are vested with the rights and duties of
this section
]
,
 if they have used reasonable efforts to notify all other surviving siblings of their
instructions and are not aware of any opposition to those instructions on the part of more than
one-half of all surviving siblings;
(7) the person in the classes of the next degree of kinship, in descending order, under
the laws of descent and distribution to inherit the estate of the decedent, and if there is more
than one person of the same degree, any person of that degree may exercise the right of
disposition;
(8) in the absence of any person under Subsections (1) through (7), the person who was
the decedent's guardian at the time of death;
[
(8)
] 
(9)
 any public official charged with arranging the disposition of deceased persons;
and
[
(9)
] 
(10)
 in the absence of any person under Subsections (1) through [
(8)
] 
(9)
, any
other person willing to assume the responsibilities to act and arrange the final disposition of the
decedent's remains, including the personal representative of the decedent's estate or the funeral
service director with custody of the body, after attesting in writing that a good faith effort has
been made to no avail to contact the individuals referred to in Subsections (1) through [
(8)
] 
(9)
.
Section 2. Section 
78A-2-301
 is amended to read:
78A-2-301.
Civil fees of the courts of record -- Courts complex design.
(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
court of record not governed by another subsection is $360.
(b) The fee for filing a complaint or petition is:
(i) $75 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is greater than $2,000 and less than $10,000;
(iii) $360 if the claim for damages or amount in interpleader is $10,000 or more;
(iv) $310 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
4, Separate Maintenance;
(v) $35 for a motion for temporary separation order filed under Section 
30-3-4.5
; [
and
]
(vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
Registry under Section 
77-41-112
[
.
]
; and
(vii) $35 if the petition is for guardianship and the prospective ward is the biological or
adoptive child of the petitioner.
(c) The fee for filing a small claims affidavit is:
(i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is greater than $2,000, but less than $7,500; and
(iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $7,500 or more.
(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
complaint, or other claim for relief against an existing or joined party other than the original
complaint or petition is:
(i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii) $150 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000 and less than $10,000;
(iii) $155 if the original petition is filed under Subsection (1)(a), the claim for relief is
$10,000 or more, or the party seeks relief other than monetary damages; and
(iv) $115 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
Chapter 4, Separate Maintenance.
(e) The fee for filing a small claims counter affidavit is:
(i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000, but less than $7,500; and
(iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
$7,500 or more.
(f) The fee for depositing funds under Section 
57-1-29
 when not associated with an
action already before the court is determined under Subsection (1)(b) based on the amount
deposited.
(g) The fee for filing a petition is:
(i) $225 for trial de novo of an adjudication of the justice court or of the small claims
department; and
(ii) $65 for an appeal of a municipal administrative determination in accordance with
Section 
10-3-703.7
.
(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
petition for writ of certiorari is $225.
(i) The fee for filing a petition for expungement is $135.
(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
Act.
(ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
allocated by the state treasurer to be deposited in the restricted account, Children's Legal
Defense Account, as provided in Section 
51-9-408
.
(iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
in Section 
78B-6-209
.
(iv) Fifteen dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
(1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
deposited in the restricted account, Court Security Account, as provided in Section 
78A-2-602
.
(v) Five dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and
(1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account, Court
Security Account, as provided in Section 
78A-2-602
.
(k) The fee for filing a judgment, order, or decree of a court of another state or of the
United States is $35.
(l) The fee for filing a renewal of judgment in accordance with Section 
78B-6-1801
 is
50% of the fee for filing an original action seeking the same relief.
(m) The fee for filing probate or child custody documents from another state is $35.
(n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
Utah State Tax Commission is $30.
(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
or a judgment, order, or decree of an administrative agency, commission, board, council, or
hearing officer of this state or of its political subdivisions other than the Utah State Tax
Commission, is $50.
(o) The fee for filing a judgment by confession without action under Section
78B-5-205
 is $35.
(p) The fee for filing an award of arbitration for confirmation, modification, or
vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
action before the court is $35.
(q) The fee for filing a petition or counter-petition to modify a domestic relations order
other than a protective order or stalking injunction is $100.
(r) The fee for filing any accounting required by law is:
(i) $15 for an estate valued at $50,000 or less;
(ii) $30 for an estate valued at $75,000 or less but more than $50,000;
(iii) $50 for an estate valued at $112,000 or less but more than $75,000;
(iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
(v) $175 for an estate valued at more than $168,000.
(s) The fee for filing a demand for a civil jury is $250.
(t) The fee for filing a notice of deposition in this state concerning an action pending in
another state under Utah Rule of Civil Procedure 26 is $35.
(u) The fee for filing documents that require judicial approval but are not part of an
action before the court is $35.
(v) The fee for a petition to open a sealed record is $35.
(w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
addition to any fee for a complaint or petition.
(x) (i) The fee for a petition for authorization for a minor to marry required by Section
30-1-9
 is $5.
(ii) The fee for a petition for emancipation of a minor provided in Title 78A, Chapter 6,
Part 8, Emancipation, is $50.
(y) The fee for a certificate issued under Section 
26-2-25
 is $8.
(z) The fee for a certified copy of a document is $4 per document plus 50 cents per
page.
(aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
per page.
(bb) The Judicial Council shall by rule establish a schedule of fees for copies of
documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
Government Records Access and Management Act. Fees under this Subsection (1)(bb) shall
be credited to the court as a reimbursement of expenditures.
(cc) There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(dd) Except as provided in this section, all fees collected under this section are paid to
the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
accepts the pleading for filing or performs the requested service.
(ee) The filing fees under this section may not be charged to the state, its agencies, or
political subdivisions filing or defending any action. In judgments awarded in favor of the
state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
collected under this Subsection (1)(ee) shall be applied to the fees after credit to the judgment,
order, fine, tax, lien, or other penalty and costs permitted by law.
(2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts
shall transfer all revenues representing the difference between the fees in effect after May 2,
1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of
Facilities Construction and Management Capital Projects Fund.
(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
Construction and Management shall use up to $3,750,000 of the revenue deposited in the
Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
initiate the development of a courts complex in Salt Lake City.
(B) If the Legislature approves funding for construction of a courts complex in Salt
Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
(2)(a)(ii) to construct a courts complex in Salt Lake City.
(C) After the courts complex is completed and all bills connected with its construction
have been paid, the Division of Facilities Construction and Management shall use any money
remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
District Court building.
(iii) The Division of Facilities Construction and Management may enter into
agreements and make expenditures related to this project before the receipt of revenues
provided for under this Subsection (2)(a)(iii).
(iv) The Division of Facilities Construction and Management shall:
(A) make those expenditures from unexpended and unencumbered building funds
already appropriated to the Capital Projects Fund; and
(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
under this Subsection (2).
(b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
representing the difference between the fees in effect after May 2, 1994, and the fees in effect
before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
account.
(c) The Division of Finance shall deposit all revenues received from the court
administrator into the restricted account created by this section.
(d) (i) From May 1, 1995, until June 30, 1998, the administrator of the courts shall
transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
Vehicles, in a court of record to the Division of Facilities Construction and Management
Capital Projects Fund. The division of money pursuant to Section 
78A-5-110
 shall be
calculated on the balance of the fine or bail forfeiture paid.
(ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer
$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in
a court of record to the Division of Finance for deposit in the restricted account created by this
section. The division of money pursuant to Section 
78A-5-110
 shall be calculated on the
balance of the fine or bail forfeiture paid.
(3) (a) There is created within the General Fund a restricted account known as the State
Courts Complex Account.
(b) The Legislature may appropriate money from the restricted account to the
administrator of the courts for the following purposes only:
(i) to repay costs associated with the construction of the court complex that were
funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
(ii) to cover operations and maintenance costs on the court complex.