78A-7-120. Disposition of fines.

563 words·~3 min read·/ut/title-78a/chapter-7/78a-7-120·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(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.

(b)An interlocal agreement created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act , and related to justice courts may alter the ratio described in Subsection (1)(a) if the parties agree.

(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.

(b)For violation of Title 41, Chapter 22, Off-highway Vehicles , or Title 73, Chapter 18, State Boating Act , the court shall allocate 85% to the Division of Outdoor Recreation 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).

(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.

(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).

(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).

(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.

Amended by Chapter 34 , 2023 General Session