H.B. 150

1

WATER RIGHTS FEES
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: James R. Gowans
5
6 LONG TITLE
7 General Description:
8 This bill allows the state engineer to charge fees to certain public entities in certain
9 situations.
10 Highlighted Provisions:
11 This bill:
12 . allows the state engineer to charge fees to certain public entities in certain
13 situations.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 63-38-3.3, as renumbered and amended by Chapter 46 and last amended by Chapter
21 370, Laws of Utah 2001
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63-38-3.3 is amended to read:
25 63-38-3.3. Payment of fees prerequisite to service -- Exception.
26 (1) (a) State and county officers required by law to charge fees may not perform any
27 official service unless the fees prescribed for that service are paid in advance.

28 (b) When the fee is paid, the officer shall perform the services required.
29 (c) An officer is liable upon the officer's official bond for every failure or refusal to
30 perform an official duty when the fees are tendered.
31 (2) (a) Except as provided [for payment of recording fees for county and municipal
32 improvement district recordings in compliance with Sections 17A-3-207 and 17A-3-307 , and
33 as provided for payment of recording fees for judgments recorded in compliance with Sections
34 57-3-106 and 78-5-119,] in Subsection (2)(b), no fees may be charged:
35 [(a)] (i) to the officer's state, or any county or subdivision of the state;
36 [(b)] (ii) to any public officer acting for the state, county, or subdivision;
37 [(c)] (iii) in cases of habeas corpus;
38 [(d)] (iv) in criminal causes before final judgment;
39 [(e)] (v) for administering and certifying the oath of office;
40 [(f)] (vi) for swearing pensioners and their witnesses; or
41 [(g)] (vii) for filing and recording bonds of public officers.
42 (b) Fees may be charged for payment:
43 (i) of recording fees for county and municipal improvement district recordings in
44 compliance with Sections 17A-3-207 and 17A-3-307 ;
45 (ii) of recording fees for judgments recorded in compliance with Sections 57-3-106 and
46 78-5-119; and
47 (iii) to the state engineer under Section 73-2-14 .




Legislative Review Note
as of 1-24-05 5:37 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel