Utah § 51-9-402 - Division of collected money retained by state treasurer and local governmental collecting entity.

Full text of Utah Utah Code § 51-9-402 — Division of collected money retained by state treasurer and local governmental collecting entity., with citation guidance and answers to common questions.

§ 51-9-402. Division of collected money retained by state treasurer and local governmental collecting entity.

Effective 7/1/2023
51-9-402.  Division of collected money retained by state treasurer and local governmental collecting entity.
(1) The amount of the surcharge imposed under this part by courts of record shall be collected before any fine and deposited with the state treasurer.
(2) The amount of the surcharge and the amount of criminal fines, penalties, and forfeitures imposed under this part by courts not of record shall be collected concurrently.
(a) As money is collected on criminal fines, penalties, and forfeitures subject to the 90% surcharge, the money shall be divided pro rata so that the local governmental collecting entity retains 53% of the collected money and the state retains 47% of the collected money.
(b) As money is collected on criminal fines, penalties, and forfeitures subject to the 35% surcharge, the money shall be divided pro rata so that the local governmental collecting entity retains 74% of the collected money and the state retains 26% of the collected money.
(c) The court shall deposit with the state treasurer the surcharge portion of all money as it is collected.
(3) Courts of record, courts not of record, and administrative traffic proceedings shall collect financial information to determine:
(a) the total number of cases in which:
(i) a final judgment has been rendered;
(ii) surcharges and fines are paid by partial or installment payment; and
(iii) the judgment is fulfilled by an alternative method upon the court's order; and
(b) the total dollar amounts of surcharges owed to the state and fines owed to the state and county or municipality, including:
(i) waived surcharges;
(ii) uncollected surcharges; and
(iii) collected surcharges.
(4) The courts of record, courts not of record, and administrative traffic proceedings shall report all collected financial information monthly to the Administrative Office of the Courts. The collected information shall be categorized by cases subject to the 90% and 35% surcharge.
(5) The provisions of this section and Section 51-9-401 may not impact the distribution and allocation of fines and forfeitures imposed in accordance with Sections 23A-3-201, 78A-5-110, and 78A-7-120.


Amended by Chapter 34, 2023 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 51-9-402

What does Utah Code § 51-9-402 cover?

Section 51-9-402 ("Division of collected money retained by state treasurer and local governmental collecting entity.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 51-9-402?

A common citation format is "Utah Code § 51-9-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 51-9-402 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.