Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                              S.B. 238
Approved for Filing: J. Carlton 6
         6 02-14-23 12:34 PM 6
                                  COURT FEE AMENDMENTS
                                       2023 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Todd D. Weiler
                               House Sponsor: Jordan D. Teuscher
 6
 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
                                                                                                        S.B. 238
 Filing Electronic Payment Fee Restricted Account; and
         < makes technical and conforming changes.
     *SB0238*
       S.B. 238                                                                 02-14-23 12:34 PM
 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)
51
 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-
       02-14-23 12:34 PM                                                                        S.B. 238
        (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,
                                                     -3-
       S.B. 238                                                                  02-14-23 12:34 PM
 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.
                                                     -4-
       02-14-23 12:34 PM                                                                     S.B. 238
        (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
                                                    -5-
       S.B. 238                                                                 02-14-23 12:34 PM
 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
                                                     -6-
       02-14-23 12:34 PM                                                                       S.B. 238
 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.
                                                     -7-
        S.B. 238                                                                  02-14-23 12:34 PM
         (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
                                                      -8-
        02-14-23 12:34 PM                                                                       S.B. 238
 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 cont