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Senate Debates Major Court Filing Fee Increases and Circles Bill for Further Negotiation

Utah State Senate · March 2, 2009
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Summary

First substitute SB 184 would raise a range of civil and court filing fees to shore up court funding during fiscal shortfalls; senators debated impacts on small claims filers and whether fees would be dedicated back to the courts; after proposals to amend fee levels, the Senate circled the bill for additional work.

First substitute Senate Bill 184, presented by Senator Bell, proposes a restructuring and increase of many court filing fees to address court budget shortfalls. Sponsor Bell said the initial proposal was refined after meetings with collection agencies, apartment associations and collection lawyers; the first substitute reflects negotiated reductions and changes intended to be more sustainable.

The proposal would raise basic filing fees for certain civil complaints and increase garnishment fees, with the fiscal note estimating roughly $12 million in additional revenue. Opponents, including Senator Butters, said large percentage increases (100% in certain lines) would unduly burden small filers; Butters moved to amend the largest increase downward. Sponsor Bell and other supporters said the fee increases would go into the general fund but urged appropriators to return much of the revenue to the courts to avoid draconian service reductions.

After floor discussion about sensitivity for small claims actions, judicial staffing, and whether fees should be earmarked, Senator Bramble moved to circle the bill so sponsors and opponents could negotiate a compromise; the motion to circle was adopted and SB 184 was set aside for further work.