Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 238 (2023GS)

Sponsor

Sen. Weiler, T.

Final action

Senate/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• allows the Judicial Council to charge and collect a fee for an electronic payment of a fee in a civil action;
• requires the Judicial Council to establish the amount of an electronic payment fee by rule;
• creates the Civil Filing Electronic Payment Fee Restricted Account;
• addresses the funding and appropriation of funds in the Civil Filing Electronic Payment Fee Restricted Account;
• requires the Judicial Council to use the funds from the Civil Filing Electronic Payment Fee Restricted Account to pay for costs associated with electronic payments;
• provides that appropriated funds from the Civil Filing Electronic Payment Fee Restricted Account are nonlapsing;
• requires the Judicial Council to deposit all electronic payment fees into the Civil Filing Electronic Payment Fee Restricted Account; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COURT FEE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
 Jordan D. Teuscher
LONG TITLE
General Description:
This bill addresses court fees.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows the Judicial Council to charge and collect a fee for an electronic payment of a
fee in a civil action;
▸ requires the Judicial Council to establish the amount of an electronic payment fee
by rule;
▸ creates the Civil Filing Electronic Payment Fee Restricted Account;
▸ addresses the funding and appropriation of funds in the Civil Filing Electronic
Payment Fee Restricted Account;
▸ requires the Judicial Council to use the funds from the Civil Filing Electronic
Payment Fee Restricted Account to pay for costs associated with electronic
payments;
▸ provides that appropriated funds from the Civil Filing Electronic Payment Fee
Restricted Account are nonlapsing;
▸ requires the Judicial Council to deposit all electronic payment fees into the Civil
Filing Electronic Payment Fee Restricted Account; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
49-17-301
, as last amended by Laws of Utah 2008, Chapter 3
49-18-301
, as last amended by Laws of Utah 2008, Chapter 3
63I-1-278
, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
63J-1-602.1
, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
and 451
78A-2-302
, as last amended by Laws of Utah 2022, Chapter 272
78A-2-408
, as last amended by Laws of Utah 2021, Chapter 224
78A-2-602
, as last amended by Laws of Utah 2018, Chapter 167
78A-8-105
, as last amended by Laws of Utah 2010, Chapter 34
78B-6-209
, as last amended by Laws of Utah 2015, Chapter 74
78B-6-1802
, as enacted by Laws of Utah 2011, Chapter 22
ENACTS:
78A-2-301.1
, Utah Code Annotated 1953
78A-2-301.3
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78A-2-301.2
, (Renumbered from 78A-2-301, as last amended by Laws of Utah 2022,
Chapters 276, 384)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-17-301
 is amended to read:
49-17-301.
Contributions by members and participating employers -- Retirement
fees -- Deductions.
(1) In addition to the money paid to this system under Subsection (3), participating
employers and members shall jointly pay the certified contribution rates to the office to
maintain this system on a financially and actuarially sound basis.
(2) The participating employer may make contributions on behalf of members of this
system in addition to the contribution required of the participating employer, except that 2% of
compensation shall be paid by the member.
(3) Fees collected under Subsection [
78A-2-301
(1)(j)(i)
] 
78A-2-301.2
(1)(j)(i)
 shall be
paid monthly to the office to maintain this system and the system established under Chapter 18,
Judges' Noncontributory Retirement Act.
(4) (a) All member contributions are credited by the office to the account of the
individual member.
(b) This amount, plus refund interest, is held in trust for the payment of benefits to the
member or the member's beneficiaries.
(c) All member contributions are vested and nonforfeitable.
(5) (a) Each member is considered to consent to payroll deductions of the member
contributions.
(b) The payment of compensation less these payroll deductions is considered full
payment for services rendered by the member.
Section 2. Section 
49-18-301
 is amended to read:
49-18-301.
Contributions by employees and employers -- Retirement fees.
(1) In addition to the money paid to this system under Subsection (2), participating
employers shall pay the certified contribution rates to the office to maintain this system on a
financially and actuarially sound basis.
(2) Fees collected under Subsection [
78A-2-301
(1)(j)(i)
] 
78A-2-301.2
(1)(j)(i)
 shall be
paid monthly to the office to maintain this system and the system established under Chapter 17,
Judges' Contributory Retirement Act.
Section 3. Section 
63I-1-278
 is amended to read:
63I-1-278.
Repeal dates: Title 78A and Title 78B.
(1) Subsections [
78A-2-301
(4)
] 
78A-2-301.2
(4)
 and 
78A-2-301.5
(12), regarding the
suspension of filing fees for petitions for expungement, are repealed on July 1, 2023.
(2) Section 
78B-3-421
, regarding medical malpractice arbitration agreements, is
repealed July 1, 2029.
(3) Subsection 
78A-7-106
(6), regarding the transfer of a criminal action involving a
domestic violence offense from the justice court to the district court, is repealed on July 1,
2024.
(4) Section 
78B-4-518
, regarding the limitation on employer liability for an employee
convicted of an offense, is repealed on July 1, 2025.
(5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
2026.
(6) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
Support Guidelines Advisory Committee, is repealed July 1, 2026.
(7) Section 
78B-22-805
, regarding the Interdisciplinary Parental Representation Pilot
Program, is repealed December 31, 2024.
Section 4. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Latino Community Support Restricted Account" created in Section 
13-1-16
.
(8) The Clean Air Support Restricted Account created in Section 
19-1-109
.
(9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-2a-106
.
(10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-5-126
.
(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(12) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(13) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
(14) The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
(15) State funds for matching federal funds in the Children's Health Insurance Program
as provided in Section 
26-40-108
.
(16) The Children with Heart Disease Support Restricted Account created in Section
26-58-102
.
(17) The Technology Development Restricted Account created in Section 
31A-3-104
.
(18) The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(19) The Captive Insurance Restricted Account created in Section 
31A-3-304
, except
to the extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(20) The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(21) The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(22) The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(23) The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section 
32B-2-306
.
(24) The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
(25) The School Readiness Restricted Account created in Section 
35A-15-203
.
(26) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(27) The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(28) The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(29) The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
(30) The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to
the Motor Vehicle Division.
(31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section 
41-3-110
 to the State Tax Commission.
(32) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(33) The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section 
53-2a-603
.
(34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
53-2a-1302
.
(35) The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section 
53-3-106
.
(36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(37) The DNA Specimen Restricted Account created in Section 
53-10-407
.
(38) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(39) The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(40) The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(41) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(42) The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
,
subject to Subsection 
54-5-1.5
(4)(d).
(43) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-3a-105
.
(44) Certain fines collected by the Division of Professional Licensing for violation of
unlawful or unprofessional conduct that are used for education and enforcement purposes, as
provided in Section 
58-17b-505
.
(45) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-22-104
.
(46) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-55-106
.
(47) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-56-3.5
.
(48) Certain fines collected by the Division of Professional Licensing for use in
education and enforcement of the Security Personnel Licensing Act, as provided in Section
58-63-103
.
(49) The Relative Value Study Restricted Account created in Section 
59-9-105
.
(50) The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(51) Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(52) Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(53) Certain funds donated to the Department of Health and Human Services, as
provided in Section 
26B-1-202
.
(54) The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
26B-1-302
.
(55) Certain funds donated to the Division of Child and Family Services, as provided
in Section 
80-2-404
.
(56) The Choose Life Adoption Support Restricted Account created in Section
80-2-502
.
(57) Funds collected by the Office of Administrative Rules for publishing, as provided
in Section 
63G-3-402
.
(58) The Immigration Act Restricted Account created in Section 
63G-12-103
.
(59) Money received by the military installation development authority, as provided in
Section 
63H-1-504
.
(60) The Computer Aided Dispatch Restricted Account created in Section 
63H-7a-303
.
(61) The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(62) The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(63) The Utah Capital Investment Restricted Account created in Section 
63N-6-204
.
(64) The Motion Picture Incentive Account created in Section 
63N-8-103
.
(65) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
as provided under Section 
63N-10-301
.
(66) Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
(67) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section 
65A-8-103
.
(68) The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(69) Certain funds received by the Office of the State Engineer for well drilling fines or
bonds, as provided in Section 
73-3-25
.
(70) The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
(71) The Civil Filing Electronic Payment Fee Restricted Account created in Section
78A-2-301.3
.
[
(71)
] 
(72)
 Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
[
(72)
] 
(73)
 Fees for certificate of admission created under Section 
78A-9-102
.
[
(73)
] 
(74)
 Funds collected for adoption document access as provided in Sections
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
[
(74)
] 
(75)
 Funds collected for indigent defense as provided in Title 78B, Chapter 22,
Part 4, Utah Indigent Defense Commission.
[
(75)
] 
(76)
 The Utah Geological Survey Oil, Gas, and Mining Restricted Account
created in Section 
79-3-403
.
[
(76)
] 
(77)
 Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
State Park, and Green River State Park, as provided under Section 
79-4-403
.
[
(77)
] 
(78)
 Funds donated as described in Section 
41-1a-422
 for the State Park Fees
Restricted Account created in Section 
79-4-402
 for support of the Division of State Parks' dark
sky initiative.
[
(78)
] 
(79)
 Certain funds received by the Division of State Parks from the sale or
disposal of buffalo, as provided under Section 
79-4-1001
.
Section 5. Section 
78A-2-301.1
 is enacted to read:
 78A-2-301.1.
Definitions.
As used in this chapter:
(1) "Convicted" means:
(a) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
illness, or no contest; and
(b) a conviction of any crime or offense.
(2) "Electronic payment" means the use of any form of payment processed through
electronic means, including a credit card, a debit card, or an automatic clearinghouse
transaction.
(3) "Electronic payment fee" means a fee imposed by the Judicial Council in
accordance with Section 
78A-2-301.3
 to pay for the costs associated with electronic payments.
(4) "Indigent" means an individual who is financially unable to pay fees and costs or
give security.
(5) "Prisoner" means an individual who has been convicted of a crime and is
incarcerated for that crime or is being held in custody for trial or sentencing.
Section 6. Section 
78A-2-301.2
, which is renumbered from Section 78A-2-301 is
renumbered and amended to read:
[
78A-2-301
].
 78A-2-301.2.
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 into the restricted account, Children's Legal
Defense Account, as provided in Section 
51-9-408
.
(iii) Five 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 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 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 80, Chapter 7,
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 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.
(dd) The Judicial Council may charge and collect an electronic payment fee in
accordance with Section 
78A-2-301.3
.
[
(dd)
] 
(ee)
 There is no fee for services or the filing of documents not listed in this
section or otherwise provided by law.
[
(ee)
] 
(ff) (i)
 Except as provided in this section, all fees collected under this section are
paid to the General Fund.
(ii)
 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.
(iii) Fees under Subsections (1)(bb) and (cc) are credited to the court as a
reimbursement of expenditures.
[
(ff)
] 
(gg) (i)
 The filing fees under this section may not be charged to the state, the
state's agencies, or political subdivisions filing or defending any action.
(ii)
 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.
(iii)
 The sums collected under this Subsection [
(1)(ff)
] 
(1)(gg)
 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 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 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.
(4) (a) The requirement of a fee for filing a petition for expungement under Subsection
(1)(i) is suspended from May 4, 2022, to June 30, 2023.
(b) An individual may not be charged a fee for filing a petition for expungement during
the time period described in Subsection (4)(a).
Section 7. Section 
78A-2-301.3
 is enacted to read:
 78A-2-301.3.
Electronic payment fee -- Civil Filing Electronic Payment Fee
Restricted Account.
(1) The Judicial Council may charge and collect a fee for an electronic payment of a
fee paid in accordance with Section 
78A-2-301
.
(2) The Judicial Council shall establish, by rule, the amount of a fee for an electronic
payment of a fee paid in accordance with Section 
78A-2-301
.
(3) (a) There is created in the General Fund a restricted account known as the "Civil
Filing Electronic Payment Fee Restricted Account."
(b) The Civil Filing Electronic Payment Fee Restricted Account is funded from the
fees deposited into the account under Subsection (4).
(c) The Legislature shall appropriate the funds in the Civil Filing Electronic Payment
Fee Restricted Account to the Judicial Council.
(d) Upon appropriation by the Legislature under Subsection (3)(c), the Judicial Council
shall use the funds from the Civil Filing Electronic Payment Fee Restricted Account to pay for:
(i) a charge, discount fee, or processing fee charged by a credit card company or a
processing agent to process an electronic payment; or
(ii) the costs associated with the purchase of equipment necessary for processing an
electronic payment.
(e) Appropriations made to the Judicial Council from the Civil Filing Electronic
Payment Fee Restricted Account are nonlapsing in accordance with Section 
63J-1-602.1
.
(4) The Judicial Council shall deposit all fees collected for an electronic payment into
the Civil Filing Electronic Payment Fee Restricted Account.
Section 8. Section 
78A-2-302
 is amended to read:
78A-2-302.
Indigent litigants -- Affidavit.
[
(1) As used in Sections 
78A-2-302
 through 
78A-2-309
:
]
[
(a) "Convicted" means:
]
[
(i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
illness, no contest; and
]
[
(ii) a conviction of any crime or offense.
]
[
(b) "Indigent" means an individual who is financially unable to pay fees and costs or
give security.
]
[
(c) "Prisoner" means an individual who has been convicted of a crime and is
incarcerated for that crime or is being held in custody for trial or sentencing.
]
[
(2)
] 
(1)
 An individual may institute, prosecute, defend, or appeal any cause in a court
in this state without prepayment of fees and costs or security if the individual submits an
affidavit demonstrating that the individual is indigent.
[
(3)
] 
(2)
 A court shall find an individual indigent if the individual's affidavit under
Subsection [
(2)
] 
(1)
 demonstrates:
(a) the individual has an income level at or below 150% of the United States poverty
level as defined by the most recent poverty income guidelines published by the United States
Department of Health and Human Services;
(b) the individual receives benefits from a means-tested government program,
including Temporary Assistance to Needy Families, Supplemental Security Income, the
Supplemental Nutrition Assistance Program, or Medicaid;
(c) the individual receives legal services from a nonprofit provider or a pro bono
attorney through the Utah State Bar; or
(d) the individual has insufficient income or other means to pay the necessary fees and
costs or security without depriving the individual, or the individual's family, of food, shelter,
clothing, or other necessities.
[
(4)
] 
(3)
 An affidavit demonstrating that an individual is indigent under Subsection
[
(3)(d)
] 
(2)(d)
 shall contain complete information on the individual's:
(a) identity and residence;
(b) amount of income, including any government financial support, alimony, or child
support;
(c) assets owned, including real and personal property;
(d) business interests;
(e) accounts receivable;
(f) securities, checking and savings account balances;
(g) debts; and
(h) monthly expenses.
[
(5)
] 
(4)
 If the individual under Subsection [
(3)
] 
(2)
 is a prisoner, the prisoner shall
disclose the amount of money held in the prisoner's trust account at the time the affidavit under
Subsection [
(2)
] 
(1)
 is executed in accordance with Section 
78A-2-305
.
[
(6)
] 
(5)
 An affidavit of indigency under this section shall state the following:
I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
the expenses of the action or legal proceedings which I am about to commence or the appeal
which I am about to take, and that I believe I am entitled to the relief sought by the action, legal
proceedings, or appeal.
Section 9. Section 
78A-2-408
 is amended to read:
78A-2-408.
Transcripts and copies -- Fees.
(1) The Judicial Council shall by rule provide for a standard page format for transcripts
of court hearings.
(2) (a) Except as provided in Subsections (2)(c) and (e), the fee for a transcript of a
court session, or any part of a court session, may not be more than $4.50 per page, which
includes the initial preparation of the transcript and one certified copy.
(b) The preparer shall:
(i) deposit the original text file and printed transcript with the clerk of the court; and
(ii) provide the person requesting the transcript with the certified copy.
(c) The cost of additional copies of the transcript shall be as provided in Subsection
[
78A-2-301
(1)
] 
78A-2-301.2
(1)
.
(d) The transcript for an appeal shall be prepared within the time period permitted by
the Utah Rules of Appellate Procedure.
(e) The fee for a transcript prepared:
(i) within three business days of the request, shall be 1-1/2 times the base rate; and
(ii) within one business day of the request, shall be double the base rate.
(3) (a) When a transcript is ordered by the court, the fees shall be paid by the parties to
the action in equal proportion or as ordered by the court.
(b) The fee for a transcript in a criminal case in which the defendant is found to be an
indigent individual, as defined in Section 
78B-22-102
, shall be paid in accordance with
Subsection 
78B-22-203
(3).
(4) (a) The fee for the preparation of a transcript of a court hearing by an official court
transcriber and the fee for the preparation of the transcript by a certified court reporter of a
hearing before any court, referee, master, board, or commission of this state shall be:
(i) in accordance with Subsection (2); and
(ii) payable to the person preparing the transcript.
(b) Payment for a transcript under this section is the responsibility of the party
requesting the transcript.
Section 10. Section 
78A-2-602
 is amended to read:
78A-2-602.
Court Security Account -- Creation -- Funding -- Uses.
(1) There is created a restricted account in the General Fund known as the "Court
Security Account."
(2) The state treasurer shall deposit in the Court Security Account money from:
(a) the surcharge established in Section 
78A-2-601
;
(b) the portions of filing fees allocated under Subsections [
78A-2-301
(1)(j)(iv)
]
78A-2-301.2
(1)(j)(iv)
 and (v); and
(c) the portions of a surcharge allocated under Subsections 
78A-7-122
(3) and (4)(b)(ii).
(3) The Court Security Account consists of money:
(a) deposited by the state treasurer under Subsection (2); and
(b) appropriated by the Legislature.
(4) Subject to appropriation, the Administrative Office of the Courts shall use the
allocation to contract for court security at all district and juvenile courts throughout the state.
Section 11. Section 
78A-8-105
 is amended to read:
78A-8-105.
Civil filing fees.
(1) Except as provided in this section, the fees for a small claims action in justice court
shall be the same as provided in Section [
78A-2-301
] 
78A-2-301.2
.
(2) Fees collected in small claims actions filed in municipal justice court are remitted
to the municipal treasurer. Fees collected in small claims actions filed in a county justice court
are remitted to the county treasurer.
(3) The fee in the justice court for filing a notice of appeal for trial de novo in a court
of record is $10. The fee covers all services of the justice court on appeal but does not satisfy
the trial de novo filing fee in the court of record.
Section 12. Section 
78B-6-209
 is amended to read:
78B-6-209.
Dispute Resolution Account -- Appropriation.
(1)
 There is created a restricted account within the General Fund known as the
"Dispute Resolution Account."
(2)
 Five dollars of the fees established in Subsections [
78A-2-301
(1)(a)
]
78A-2-301.2
(1)(a)
 through (e), (1)(g), and (1)(s) shall be allocated to and deposited into the
Dispute Resolution Account.
(3)
 The Legislature shall annually appropriate money from the Dispute Resolution
Account to the Administrative Office of the Courts to implement the purposes of Title 78B,
Chapter 6, Part 2, Alternative Dispute Resolution Act.
Section 13. Section 
78B-6-1802
 is amended to read:
78B-6-1802.
Renewal by motion.
A court of record may renew a judgment issued by a court if:
(1) a motion is filed within the original action;
(2) the motion is filed before the statute of limitations on the original judgment expires;
(3) the motion includes an affidavit that contains an accounting of the original
judgment and all postjudgment payments, credits, and other adjustments which are provided
for by law or are contained within the original judgment;
(4) the facts in the supporting affidavit are determined by the court to be accurate and
the affidavit affirms that notice was sent to the most current address known for the judgment
debtor;
(5) the time for responding to the motion has expired; and
(6) the fee required by Subsection [
78A-2-301
(1)(l)
] 
78A-2-301.2
(1)(l)
 has been paid
to the clerk of the court.