78A-2-310. Report by Judicial Council on court fees.
| (1) |
As used in this section:
Terms Used In Utah Code 78A-2-310- Council: means the Judicial Council established by Article VIII, Sec. See Utah Code 78A-2-103
- Judicial Council: means the Judicial Council established by Utah Constitution, Article VIII, Section 12. See Utah Code 78A-2-103 v2
| (a) |
“Cost” means the direct and indirect costs and expenses for providing the good or service for which a fee is charged, including:
| (i) |
salaries, benefits, contracted labor costs, travel expenses, training expenses, equipment and material costs, depreciation expenses, utility costs, and other overhead costs; and |
| (ii) |
costs and expenses for administering the fee. |
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| (b) |
| (i) |
“Judiciary” means the Judicial Council, the Supreme Court, the Court of Appeals, a district court, or a juvenile court. |
| (ii) |
“Judiciary” includes any board, committee, or staff office of the Judicial Council, the Supreme Court, the Court of Appeals, a district court, or a juvenile court. |
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| (2) |
Before November 30 of each year, the Judicial Council shall submit a report to the Infrastructure and General Government Appropriations Subcommittee of the Legislature that:
| (a) |
includes details on:
| (i) |
the types of fees charged and collected by the Judiciary; |
| (ii) |
the methods used to determine the amount of each fee charged and collected by the Judiciary; |
| (iii) |
the Judiciary’s estimated cost related to each fee; |
| (iv) |
whether each fee is intended to cover the Judiciary’s cost related to the fee; and |
| (v) |
the number of fee waivers granted by the Judiciary for each type of fee charged and collected by the Judiciary; and |
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| (b) |
include any recommendations regarding fees charged and collected by the Judiciary. |
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| (3) |
If the Judicial Council recommends that the Legislature create a fee or modify an existing fee under Subsection (2)(b), the Judicial Council shall include the following information with the recommendation:
| (a) |
the title or purpose of the fee; |
| (b) |
the present amount of the fee; |
| (c) |
the proposed amount of the fee; |
| (d) |
the percent that the fee will have increased or decreased if the Legislature approves the modification of the fee; |
| (e) |
the estimated total annual revenue and total estimated annual revenue change that will result from the creation or modification of the fee; |
| (f) |
the account or fund into which the fee will be deposited; |
| (g) |
the reason for the creating or modifying the fee; |
| (h) |
the estimated number of persons to be charged the fee; |
| (i) |
the Judiciary’s estimated cost related to the fee; and |
| (j) |
whether the fee is intended to cover the Judiciary’s cost related to the fee. |
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Enacted by Chapter 428, 2023 General Session
