Court automation fee-2.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0192

ENROLLED ACT NO. 75,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to court fees; increasing the court automation fee; conforming provisions; providing an exception for state agencies; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 2
‑
2
‑
401(a)(iii), 5
‑
2
‑
202, 5
‑
3
‑
206(a)(i), (vii) and (x), 5
‑
6
‑
108(a)(i), 5
‑
6
‑
204, 5
‑
6
‑
303, 5
‑
9
‑
135, 6
‑
10
‑
102 and 6
‑
10
‑
103 are amended to read:

2
‑
2
‑
401
.

Schedule; additional charges.

(a)

For probate matters filed or commenced, the clerk of the district court shall collect fees as follows:

(iii)

In addition to the original filing fee under paragraph (a)(i) of this subsection, a court automation fee in the amount of
ten dollars ($10.00)
twenty
‑
five
dollars ($2
5
.00)
which shall be deposited into the judicial systems automation account established by W.S. 5
‑
2
‑
120;

5
‑
2
‑
202
.

Collection of fees.

The clerk of the supreme court shall collect the following fees from the plaintiff in error or appellant, or in case of an original proceeding the plaintiff or relator shall, at the time of filing the petition in error or record on appeal or when commencing the cause in this court, the sum of twenty
‑
five dollars ($25.00). At the time of filing, the clerk also shall collect a court automation fee in the amount of
ten dollars ($10.00)
twenty
‑
five
dollars ($2
5
.00)
which shall be deposited into the judicial systems
automation account established by W.S. 5
‑
2
‑
120, and an indigent civil legal services fee in the amount of ten dollars ($10.00) which shall be deposited into the indigent civil legal services account established by W.S. 5
‑
2
‑
121. Other fees or charges to be assessed within the clerk's office are to be determined under rules of the
supreme court
.

5
‑
3
‑
206
.

Fees.

(a)

For all civil matters filed or commenced
, the
clerk of each district court shall charge the following fees:

(i)

For filing instruments or documents in each civil action and certifying one (1) copy of any order, decree or judgment at the time of its filing for each party, an original filing fee of
seventy dollars ($70.00)
eighty
‑
five
dollars ($8
5
.00)
which shall be paid by the plaintiff. This fee shall apply to original actions commenced and to actions that are reopened after a final decree previously has been entered.
Ten dollars ($10.00)
Twenty
‑
five
dollars ($2
5
.00)
of the filing fee shall be for court automation, ten dollars ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5
‑
3
‑
205;

(vii)

For all transcripts in cases appealed to the
supreme court
,
seventy dollars ($70.00)
eighty
‑
five
dollars ($8
5
.00)
, including certificates, seals and transmission.
Ten dollars ($10.00)
Twenty
‑
five
dollars ($2
5
.00)
of the fee under this paragraph shall be for court automation, ten dollars ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5
‑
3
‑
205;

(x)

For docketing and in payment of clerk's fee after docketing incident to any appeal or bill of exception from a
justice's
circuit
court,
forty dollars ($40.00)
eighty
‑
five
dollars ($8
5
.00)
, and for docketing any transcript of judgment from
justice's
a circuit
court upon the judgment and execution dockets,
thirty dollars ($30.00)
eighty
‑
five
dollars ($8
5
.00)
, which amount shall be paid by appellant, or by judgment holder to the clerk at time of docketing.
Ten dollars ($10.00)
Twenty
‑
five
dollars ($2
5
.00)
of any fee imposed under this paragraph shall be for court automation, ten dollars ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5
‑
3
‑
205.

5
‑
6
‑
108
.

Costs.

(a)

Each city or town in the state of Wyoming may prescribe by ordinance such costs in all trials before municipal courts as may be necessary or deemed expedient. However, the costs shall not exceed ten dollars ($10.00). All costs collected shall be turned into the treasury of the city or town. By ordinance a city or town may prescribe:

(i)

A court automation fee of
ten dollars ($10.00)
twenty
‑
five
dollars ($2
5
.00)
as a cost to be paid by every person guilty of a violation of a city or town ordinance;

5
‑
6
‑
204
.

Fines and penalties to be paid to city treasurer; report of cases; failure to comply with section.

All fines and penalties collected and arising from a breach of a city ordinance shall be deposited with the city
treasurer, and the municipal judge shall report at the end of each calendar month a list of all cases for violations of city ordinances instituted in his court, and the disposition thereof, with a statement of the fines, penalties and costs received. At the end of each month the judge shall deposit with the city treasurer all fines, penalties and costs received. If the municipal judge fails to report and deposit all fines, penalties and costs for a period of twenty
‑
five (25) days, his office shall be declared vacant. If a city enacts an ordinance prescribing a court automation fee as provided in W.S. 5
‑
6
‑
108(
a)(i), up to
one
‑
half (1/2)
ten
dollars ($
10
.00)
of the fee may be retained by the city solely for the purpose of defraying costs and expenses related to establishing and maintaining an electronic citation system. The system shall collect and submit data in a form and manner prescribed by the
supreme court
to comply with the requirements of the judicial systems automation account under W.S. 5
‑
2
‑
120. The remaining portion of the fee shall be remitted to the judicial systems automation account established by W.S. 5
‑
2
‑
120. If a city enacts an ordinance prescribing the indigent civil legal services fee as provided in W.S. 5
‑
6
‑
108(
a)(ii), the fee shall be remitted to the indigent civil legal services account established by W.S. 5
‑
2
‑
121.

5
‑
6
‑
303
.

Disposition of fines and penalties.

All fines and penalties collected, arising from a breach of the ordinances of the town, shall be paid into the town treasury. If a town enacts an ordinance prescribing a court automation fee as provided in W.S. 5
‑
6
‑
108(
a)(i), up to
one
‑
half (1/2)
ten dollars ($10
.00)
of the fee may be retained by the town solely for the purpose of defraying costs and expenses related to establishing and maintaining an electronic citation system. The system shall collect and
submit data in a form and manner prescribed by the
supreme court
to comply with the requirements of the judicial systems automation account under W.S. 5
‑
2
‑
120. The remaining portion of the fee shall be remitted to the judicial systems automation account established by W.S. 5
‑
2
‑
120. If a town enacts an ordinance prescribing an indigent civil legal services fee as provided in W.S. 5
‑
6
‑
108(
a)(ii), the fee shall be remitted to the indigent civil legal services account established by W.S. 5
‑
2
‑
121.

5
‑
9
‑
135
.

Filing fee.

For all civil matters the circuit court shall collect from the plaintiff an original filing fee of twenty dollars ($20.00), a court automation fee of
ten dollars ($10.00)
twenty
‑
five dollars ($25
.00)
, and an indigent civil legal services fee of ten dollars ($10.00) excluding small claims civil actions as provided in W.S. 1
‑
21
‑
201 through 1
‑
21
‑
205 which shall have a filing fee of ten dollars ($10.00). The court automation fee shall be deposited into the judicial systems automation account and the indigent civil legal services fee shall be deposited into the indigent civil legal services account as provided by W.S. 5
‑
9
‑
144.

6
‑
10
‑
102
.

Imposition of fine for any felony; maximum fine where not established by statute; court automation fee; indigent civil legal services fee.

The court may impose a fine as part of the punishment for any felony. If the statute does not establish a maximum fine, the fine shall be not more than ten thousand dollars ($10,000.00). The court shall impose a court automation fee of
ten dollars ($10.00)
twenty
‑
five
dollars ($2
5
.00)
in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on
probation under W.S. 7
‑
13
‑
301. The fee shall be remitted as provided by W.S. 5
‑
3
‑
205. In addition to the court automation fee the court shall impose an indigent civil legal services fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
‑
13
‑
301 or 35
‑
7
‑
1037. The indigent civil legal services fee shall be remitted as provided in W.S. 5
‑
3
‑
205(
a)(ii).

6
‑
10
‑
103
.

Penalties for misdemeanors where not prescribed by statute; court automation fee; indigent civil legal services fee.

Unless a different penalty is prescribed by law, every crime declared to be a misdemeanor is punishable by imprisonment in the county jail for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. The court shall impose a court automation fee of
ten dollars ($10.00)
twenty
‑
five
dollars ($2
5
.00)
in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
‑
13
‑
301. The fee shall be remitted as provided by W.S. 5
‑
3
‑
205. In addition to the court automation fee the court shall impose an indigent civil legal services fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
‑
13
‑
301. The indigent civil legal services fee shall be remitted as provided in W.S. 5
‑
3
‑
205(
a)(ii).

Section 2
.

No state agency that is a party to legal proceedings shall be subject to any court automation fee increase pursuant to this act unti
l July 1, 2018 and thereafter.

Section
3
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1