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First Substitute H.B. 425
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Budgetary Procedures Act that address fees.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . makes technical and organizational modifications;
14 . clarifies that a fee agency may not create, change, or collect a fee that has not been
15 established according to the requirements of the fee provisions of the act;
16 . clarifies that each fee agency shall submit its fee schedule and special assessment
17 amounts to the Legislature for approval on an annual basis;
18 . exempts certain fees that involve financial processing charges that are assessed by a
19 non-governmental third party from the requirement that fees be pre-approved by the
21 . modifies procedures that are required for fee changes; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 63J-1-504, as renumbered and amended by Laws of Utah 2009, Chapters 183 and 368
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63J-1-504 is amended to read:
33 63J-1-504. Fees -- Adoption, procedure, and approval -- Establishing and
34 assessing fees without legislative approval.
35 (1) As used in this section:
36 (a) (i) "Agency" means each department, commission, board, council, agency,
37 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
38 unit, bureau, panel, or other administrative unit of the state.
39 (ii) "Agency" does not mean the Legislature or its committees.
40 (b) "Fee agency" means any agency that is authorized to establish fees.
41 (c) "Fee schedule" means the complete list of fees charged by a fee agency and the
42 amount of those fees.
43 (2) Each fee agency shall[
44 by the fee agency that are:
47 Governor's Office of Planning and Budget and the director of the Division of Finance in
48 conjunction with the agency seeking to establish the fee[
49 (3) Except as provided in Subsection (6), a fee agency may not:
50 (a) set fees by rule; or
51 (b) create, change, or collect any fee unless the fee has been established according to
52 the procedures and requirements of this section.
53 (4) Each fee agency that is proposing a new fee or proposing to change a fee shall:
55 Title 52, Chapter 4, Open and Public Meetings Act; [
57 public hearing;
58 (c) except as provided in Subsection (6), submit the fee schedule to the Legislature as
59 part of the agency's annual appropriations request; and
60 (d) where necessary, modify the fee schedule to implement the Legislature's actions.
65 (5) (a) Each fee agency shall submit its fee schedule or special assessment amount to
66 the Legislature for its approval on an annual basis.
68 fee submitted to it by a fee agency.
70 agency may establish and assess fees without first obtaining legislative approval if:
72 by the Legislature; [
73 (ii) the new program's effective date is before the Legislature's next annual general
74 session; [
75 (iii) the fee agency submits the fee schedule for the new program to the Legislature for
76 its approval at a special session, if allowed in the governor's call, or at the next annual general
77 session of the Legislature, whichever is sooner;
79 assessment against qualified beneficiaries under the Residence Lien Restriction and Lien
80 Recovery Fund Act as provided in Subsection 38-11-206 (1)[
87 (c) (i) the fee agency proposes to increase or decrease an existing fee for the purpose of
88 adding or removing a financial processing fee that is charged or assessed by a
89 non-governmental third party but is included as part of the fee charged by the fee agency;
90 (ii) the amount of the increase or decrease in the fee is equal to the amount of the
91 financial processing fee charged or assessed by the non-governmental third party; and
92 (iii) the increased or decreased fee is submitted to the Legislature for its approval at a
93 special session, if allowed in the governor's call, or at the next annual session of the
94 Legislature, whichever is sooner.
99 shall submit to the governor as part of the agency's annual appropriation request a list that
101 (i) the title or purpose of the fee;
102 (ii) the present amount of the fee;
103 (iii) the proposed new amount of the fee;
104 (iv) the percent that the fee will have increased if the Legislature approves the higher
105 fee; [
106 (v) the estimated total annual revenue change that will result from the change in the
108 (vi) the account or fund into which the fee will be deposited; and
111 fee increases.
112 (ii) The governor shall transmit the list required by Subsection [
113 modifications, to the Legislative Fiscal Analyst with the governor's budget recommendations.
115 the beginning of the Legislature's annual general session, if possible.
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