Effective 7/1/2023
78A-7-120. Disposition of fines.
| (1) |
Terms Used In Utah Code 78A-7-120 v2- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Road: includes :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
Except as otherwise specified by this section, fines and forfeitures collected by a justice court shall be remitted as follows:
| (i) |
50% to the treasurer of the local government responsible for the court; and |
| (ii) |
50% to the treasurer of the local government which prosecutes or which would prosecute the violation. |
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| (2) |
| (a) |
For violation of Title 23A, Wildlife Resources Act, the court shall allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the local government responsible for the justice court. |
| (c) |
Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic enforcement safety device as described in Section 41-6a-1310 shall be remitted:
| (i) |
20% to the school district or private school that owns or contracts for the use of the school bus; and |
| (ii) |
80% in accordance with Subsection (1). |
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| (3) |
The surcharge established by Section 51-9-401 shall be paid to the state treasurer and deposited into the General Fund. |
| (4) |
Fines, fees, court costs, and forfeitures collected by a municipal or county justice court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial Council, shall be paid to the state treasurer and allocated to the Department of Transportation for class B and class C roads. |
| (5) |
Revenue allocated for class B and class C roads pursuant to Subsection (4) or Subsection (7) is supplemental to the money appropriated under Section 72-2-107 but shall be expended in the same manner as other class B and class C road funds. |
| (6) |
| (a) |
Fines and forfeitures collected by the court for a second or subsequent violation under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
| (i) |
60% to the state treasurer to be deposited into the Transportation Fund; and |
| (ii) |
40% in accordance with Subsection (1). |
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| (b) |
Fines and forfeitures collected by the court for a second or subsequent violation under Subsection 72-7-409(6)(d) shall be remitted:
| (i) |
50% to the state treasurer to be deposited into the Transportation Fund; and |
| (ii) |
50% in accordance with Subsection (1). |
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| (7) |
| (a) |
Revenue from traffic fines may not exceed 25% of a local government’s total general fund revenue for a fiscal year. |
| (b) |
No later than 30 days after the day on which a local government’s fiscal year ends, a local government that receives traffic fine revenue shall:
| (i) |
for the immediately preceding fiscal year, determine the amount of traffic fine revenue that exceeds the amount described in Subsection (7)(a); and |
| (ii) |
transfer the amount calculated under Subsection (7)(b)(i) to the state treasurer to be allocated to the Department of Transportation for class B and class C roads. |
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Amended by Chapter 34, 2023 General Session
