Utah 2023 Regular Session

Utah House Bill HB0531 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 531
	1	+	H.B. 531
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Carlton 6
	4	+	6 02-20-23 5:06 PM 6
	5	+	H.B. 531
2	6		1 COURT FEE MODIFICATIONS
3	7		2 2023 GENERAL SESSION
4	8		3 STATE OF UTAH
5	9		4 Chief Sponsor: Kay J. Christofferson
6	10		5 Senate Sponsor: Curtis S. Bramble
7	11		6
8	12		7LONG TITLE
9	13		8General Description:
10	14		9 This bill addresses court fees.
11	15		10Highlighted Provisions:
12	16		11 This bill:
13	17		12 <defines terms related to fees;
14	18		13 <requires the Judicial Council to provide a report on fees to the Legislature; and
15	19		14 <makes technical and conforming changes.
16	20		15Money Appropriated in this Bill:
17	21		16 None
18	22		17Other Special Clauses:
19	23		18 None
20	24		19Utah Code Sections Affected:
21	25		20AMENDS:
22	26		21 63J-1-504, as last amended by Laws of Utah 2022, Chapter 73
23	27		22ENACTS:
24	28		23 78A-2-310, Utah Code Annotated 1953
25	29		24
26	30		25Be it enacted by the Legislature of the state of Utah:
27	31		26 Section 1. Section 63J-1-504 is amended to read:
28	32		27 63J-1-504. Fees -- Adoption, procedure, and approval -- Establishing and
	33	+	HB0531 H.B. 531 02-20-23 5:06 PM
	34	+	- 2 -
29	35		28assessing fees without legislative approval -- Report summarizing fees.
30		-	29 (1) As used in this section: H.B. 531 Enrolled Copy
31		-	- 2 -
	36	+	29 (1) As used in this section:
32	37		30 (a) (i) "Agency" means each department, commission, board, council, agency,
33	38		31institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
34	39		32unit, bureau, panel, or other administrative unit of the state.
35	40		33 (ii) "Agency" does not include:
36	41		34 (A) the Legislature or a committee or staff office of the Legislature[.]; or
37	42		35 (B) the Judiciary, as that term is defined in Section 78A-2-310.
38	43		36 (b) "Agency's cost" means all of a fee agency's direct and indirect costs and expenses
39	44		37for providing the goods or service for which the fee agency charges a fee or for regulating the
40	45		38industry in which the persons paying the fee operate, including:
41	46		39 (i) salaries, benefits, contracted labor costs, travel expenses, training expenses,
42	47		40equipment and material costs, depreciation expense, utility costs, and other overhead costs; and
43	48		41 (ii) costs and expenses for administering the fee.
44	49		42 (c) "Fee agency" means an agency that is authorized to establish and charge a service
45	50		43fee or a regulatory fee.
46	51		44 (d) "Fee schedule" means the complete list of service fees and regulatory fees charged
47	52		45by a fee agency and the amount of those fees.
48	53		46 (e) "Regulatory fee" means a fee that a fee agency charges to cover the agency's cost of
49	54		47regulating the industry in which the persons paying the fee operate.
50	55		48 (f) "Service fee" means a fee that a fee agency charges to cover the agency's cost of
51	56		49providing the goods or service for which the fee is charged.
52	57		50 (2) (a) A fee agency that charges or intends to charge a service fee or regulatory fee
53	58		51shall adopt a fee schedule.
54	59		52 (b) A service fee or regulatory fee that a fee agency charges shall:
55	60		53 (i) be reasonable and fair;
56	61		54 (ii) reflect and be based on the agency's cost for the fee; and
57	62		55 (iii) be established according to a cost formula determined by the executive director of
58	63		56the Governor's Office of Planning and Budget and the director of the Division of Finance in
59		-	57conjunction with the fee agency seeking to establish the fee. Enrolled Copy H.B. 531
	64	+	57conjunction with the fee agency seeking to establish the fee.
	65	+	58 (3) Except as provided in Subsection (7), a fee agency may not: 02-20-23 5:06 PM H.B. 531
60	66		- 3 -
61		-	58 (3) Except as provided in Subsection (7), a fee agency may not:
62	67		59 (a) set fees by rule; or
63	68		60 (b) create, change, or collect any fee unless the fee has been established according to
64	69		61the procedures and requirements of this section.
65	70		62 (4) Each fee agency that is proposing a new fee or proposing to change a fee shall:
66	71		63 (a) present each proposed fee at a public hearing, subject to the requirements of Title
67	72		6452, Chapter 4, Open and Public Meetings Act;
68	73		65 (b) increase, decrease, or affirm each proposed fee based on the results of the public
69	74		66hearing;
70	75		67 (c) except as provided in Subsection (8), submit the fee schedule to the Legislature as
71	76		68part of the agency's annual appropriations request; and
72	77		69 (d) modify the fee schedule as necessary to implement the Legislature's actions.
73	78		70 (5) (a) No later than November 30, 2022, the Governor's Office of Planning and
74	79		71Budget and the Division of Finance shall submit a report to the Infrastructure and General
75	80		72Government Appropriations Subcommittee of the Legislature.
76	81		73 (b) A report under Subsection (5)(a) shall:
77	82		74 (i) provide a summary of:
78	83		75 (A) the types of service fees and regulatory fees included in the fee schedules of all fee
79	84		76agencies;
80	85		77 (B) the methods used by fee agencies to determine the amount of fees;
81	86		78 (C) each estimated agency's cost related to each fee;
82	87		79 (D) whether a fee is intended to cover the agency's cost related to the fee;
83	88		80 (E) whether the fee agency intends to subsidize the fee to cover the agency's cost
84	89		81related to the fee and, if so, the fee agency's justification for the subsidy; and
85	90		82 (F) whether the fee agency set the fee at an amount that exceeds the agency's cost
86	91		83related to the fee and, if so, the fee agency's justification for the excess fee; and
87	92		84 (ii) include any recommendations for improving the process described in this section.
88		-	85 (6) (a) A fee agency shall submit the fee agency's fee schedule to the Legislature for the H.B. 531 Enrolled Copy
89		-	- 4 -
	93	+	85 (6) (a) A fee agency shall submit the fee agency's fee schedule to the Legislature for the
90	94		86Legislature's approval on an annual basis.
91	95		87 (b) The Legislature may approve, increase or decrease and approve, or reject any fee
92	96		88submitted to it by a fee agency.
93		-	89 (7) After conducting the public hearing required by this section, a fee agency may
	97	+	89 (7) After conducting the public hearing required by this section, a fee agency may H.B. 531 02-20-23 5:06 PM
	98	+	- 4 -
94	99		90establish and assess fees without first obtaining legislative approval if:
95	100		91 (a) (i) the Legislature creates a new program that is to be funded by fees to be set by the
96	101		92Legislature;
97	102		93 (ii) the new program's effective date is before the Legislature's next annual general
98	103		94session; and
99	104		95 (iii) the fee agency submits the fee schedule for the new program to the Legislature for
100	105		96its approval at a special session, if allowed in the governor's call, or at the next annual general
101	106		97session of the Legislature, whichever is sooner; or
102	107		98 (b) (i) the fee agency proposes to increase or decrease an existing fee for the purpose of
103	108		99adding or removing a transactional fee that is charged or assessed by a non-governmental third
104	109		100party but is included as part of the fee charged by the fee agency;
105	110		101 (ii) the amount of the increase or decrease in the fee is equal to the amount of the
106	111		102transactional fee charged or assessed by the non-governmental third party; and
107	112		103 (iii) the increased or decreased fee is submitted to the Legislature for the Legislature's
108	113		104approval at a special session, if allowed in the governor's call, or at the next annual session of
109	114		105the Legislature, whichever is sooner.
110	115		106 (8) (a) A fee agency that intends to change any fee shall submit to the governor, as part
111	116		107of the agency's annual appropriation request a list that identifies:
112	117		108 (i) the title or purpose of the fee;
113	118		109 (ii) the present amount of the fee;
114	119		110 (iii) the proposed new amount of the fee;
115	120		111 (iv) the percent that the fee will have increased if the Legislature approves the higher
116	121		112fee;
117		-	113 (v) the estimated total annual revenue and total estimated annual revenue change that Enrolled Copy H.B. 531
118		-	- 5 -
	122	+	113 (v) the estimated total annual revenue and total estimated annual revenue change that
119	123		114will result from the changed fee;
120	124		115 (vi) the account or fund into which the fee will be deposited;
121	125		116 (vii) the reason for the change in the fee;
122	126		117 (viii) the estimated number of persons to be charged the fee;
123	127		118 (ix) the estimated agency's cost related to the fee;
124	128		119 (x) whether the fee is a service fee or a regulatory fee;
125		-	120 (xi) whether the fee is intended to cover the agency's cost related to the fee;
	129	+	120 (xi) whether the fee is intended to cover the agency's cost related to the fee; 02-20-23 5:06 PM H.B. 531
	130	+	- 5 -
126	131		121 (xii) whether the fee agency intends to subsidize the fee to cover the agency's cost
127	132		122related to the fee and, if so, the fee agency's justification for the subsidy; and
128	133		123 (xiii) whether the fee agency set the fee at an amount that exceeds the agency's cost
129	134		124related to the fee and, if so, the fee agency's justification for the excess fee.
130	135		125 (b) (i) The governor may review and approve, modify and approve, or reject the fee
131	136		126increases.
132	137		127 (ii) The governor shall transmit the list required by Subsection (8)(a), with any
133	138		128modifications, to the legislative fiscal analyst with the governor's budget recommendations.
134	139		129 (c) Bills approving any fee change shall be filed before the beginning of the
135	140		130Legislature's annual general session, if possible.
136	141		131 (9) (a) Except as provided in Subsection (9)(b), the School and Institutional Trust
137	142		132Lands Administration, established in Section 53C-1-201, is exempt from the requirements of
138	143		133this section.
139	144		134 (b) The following fees of the School and Institutional Trust Lands Administration are
140	145		135subject to the requirements of this section: application, assignment, amendment, affidavit for
141	146		136lost documents, name change, reinstatement, grazing nonuse, extension of time, partial
142	147		137conveyance, patent reissue, collateral assignment, electronic payment, and processing.
143	148		138 Section 2. Section 78A-2-310 is enacted to read:
144	149		139 78A-2-310. Report by Judicial Council on court fees.
145	150		140 (1) As used in this section:
146		-	141 (a) "Cost" means the direct and indirect costs and expenses for providing the good or H.B. 531 Enrolled Copy
147		-	- 6 -
	151	+	141 (a) "Cost" means the direct and indirect costs and expenses for providing the good or
148	152		142service for which a fee is charged, including:
149	153		143 (i) salaries, benefits, contracted labor costs, travel expenses, training expenses,
150	154		144equipment and material costs, depreciation expenses, utility costs, and other overhead costs;
151	155		145and
152	156		146 (ii) costs and expenses for administering the fee.
153	157		147 (b) (i) "Judiciary" means the Judicial Council, the Supreme Court, the Court of
154	158		148Appeals, a district court, or a juvenile court.
155	159		149 (ii) "Judiciary" includes any board, committee, or staff office of the Judicial Council,
156	160		150the Supreme Court, the Court of Appeals, a district court, or a juvenile court.
157		-	151 (2) Before November 30 of each year, the Judicial Council shall submit a report to the
	161	+	151 (2) Before November 30 of each year, the Judicial Council shall submit a report to the H.B. 531 02-20-23 5:06 PM
	162	+	- 6 -
158	163		152Infrastructure and General Government Appropriations Subcommittee of the Legislature that:
159	164		153 (a) includes details on:
160	165		154 (i) the types of fees charged and collected by the Judiciary;
161	166		155 (ii) the methods used to determine the amount of each fee charged and collected by the
162	167		156Judiciary;
163	168		157 (iii) the Judiciary's estimated cost related to each fee;
164	169		158 (iv) whether each fee is intended to cover the Judiciary's cost related to the fee; and
165	170		159 (v) the number of fee waivers granted by the Judiciary for each type of fee charged and
166	171		160collected by the Judiciary; and
167	172		161 (b) include any recommendations regarding fees charged and collected by the
168	173		162Judiciary.
169	174		163 (3) If the Judicial Council recommends that the Legislature create a fee or modify an
170	175		164existing fee under Subsection (2)(b), the Judicial Council shall include the following
171	176		165information with the recommendation:
172	177		166 (a) the title or purpose of the fee;
173	178		167 (b) the present amount of the fee;
174	179		168 (c) the proposed amount of the fee;
175		-	169 (d) the percent that the fee will have increased or decreased if the Legislature approves Enrolled Copy H.B. 531
176		-	- 7 -
	180	+	169 (d) the percent that the fee will have increased or decreased if the Legislature approves
177	181		170the modification of the fee;
178	182		171 (e) the estimated total annual revenue and total estimated annual revenue change that
179	183		172will result from the creation or modification of the fee;
180	184		173 (f) the account or fund into which the fee will be deposited;
181	185		174 (g) the reason for the creating or modifying the fee;
182	186		175 (h) the estimated number of persons to be charged the fee;
183	187		176 (i) the Judiciary's estimated cost related to the fee; and
184	188		177 (j) whether the fee is intended to cover the Judiciary's cost related to the fee.