Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 249 Second Substitute (2021GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows the Judicial Council, by rule, to allow members of the public to have access to records on the Xchange database for a fee without having to pay a monthly subscription; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC ACCESS TO COURT RECORDS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill allows for public access to the Xchange database.
Highlighted Provisions:
This bill:
▸ allows the Judicial Council, by rule, to allow members of the public to have access
to records on the Xchange database for a fee without having to pay a monthly
subscription; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-2-301
, as last amended by Laws of Utah 2020, Chapter 230
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 $375.
(b) The fee for filing a complaint or petition is:
(i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii) $200 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) $375 if the claim for damages or amount in interpleader is $10,000 or more;
(iv) $325 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
;
(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) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000 and less than $10,000;
(iii) $170 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) $130 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) $240 for trial de novo of an adjudication of the justice court or of the small claims
department; and
(ii) $80 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 $240.
(i) The fee for filing a petition for expungement is $150.
(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
] 
into
 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) Thirty 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
] 
into
 the restricted account, Court Security Account, as provided in Section
78A-2-602
.
(v) Twenty 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
] 
into
 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
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 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 Rules of Civil Procedure, Rule 30 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) 
and
(cc)
 shall be credited to the court as a reimbursement of expenditures.
(cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of
the public to conduct a limited amount of searches on the Xchange database without having to
pay a monthly subscription fee.
[
(cc)
] 
(dd)
 There is no fee for services or the filing of documents not listed in this
section or otherwise provided by law.
[
(dd)
] 
(ee)
 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)
] 
(ff)
 The filing fees under this section may not be charged to the state, [
its
] 
the
state's
 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)
]
(ff)
 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 state court administrator 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
] 
into
 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
] 
into
 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 state court administrator 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 state court
administrator into the restricted account created by this section.
(d) (i) From May 1, 1995, until June 30, 1998, the state court administrator 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 state court administrator 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 state
court administrator 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.