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HB0198 • 2024

Court automation fees-assessment on filings.

AN ACT relating to courts; imposing a court automation per-filing fee as specified; specifying distribution of per-filing fees; making conforming amendments; authorizing rulemaking; specifying applicability; and providing for an effective date.

Taxes Technology
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Nicholas
Last action
2024-02-16
Official status
inactive
Effective date
3/1/2024

Plain English Breakdown

The bill did not pass and was never introduced in the session.

Court Automation Fees for Filings

The bill proposes a $12 fee for each filing made by someone after their seventh filing in certain cases, to fund court automation.

What This Bill Does

  • Imposes a $12 fee on each filing made by an individual starting from the seventh filing in criminal and civil cases.
  • Specifies that these fees will be deposited into the 'judicial systems automation account'.
  • Authorizes the Supreme Court and district judges to create rules for implementing this new fee system.
  • Makes the rule applicable only to cases initiated on or after a specific date.

Who It Names or Affects

  • People who file court papers in criminal or civil cases.
  • Courts that handle these filings and collect fees.

Terms To Know

Court Automation
Using technology to make courts work better, like using computers instead of paper files.
Filing Fee
Money that people have to pay when they file papers with a court.

Limits and Unknowns

  • The bill did not pass and was never introduced in the session.
  • It is unclear how many people will be affected by this fee since it depends on how often cases are filed after the seventh time.
  • There is no summary provided for what happens to fees collected before the effective date.

Bill History

  1. 2024-02-16 House

    H Did not Consider for Introduction

  2. 2024-02-14 House

    H Received for Introduction

  3. 2024-02-13 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
24LSO-0373
2024
STATE OF WYOMING
24LSO-0373
Numbered
2.0

HOUSE BILL NO. HB0198

Court automation fees-assessment on filings.

Sponsored by: Representative(s) Nicholas

A BILL

for

AN ACT relating to courts; imposing a court automation per-filing fee as specified; specifying distribution of per-filing fees; making conforming amendments; authorizing rulemaking; specifying applicability; and providing for an effective date.

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

Section 1.

W.S. 6
‑
10
‑
111 is created to read:

6
‑
10
‑
111.

Court automation filing fees.

The court shall impose a court automation filing fee of twelve dollars ($12.00) on a person for each filing in a criminal case beginning with the person's seventh filing in the criminal case. The fee assessed under this section shall be in addition to any fees imposed under W.S. 6
‑
10
‑
102 and 6
‑
10
‑
103.

Section 2
.

W.S. 2
‑
2
‑
401 by creating a new subsection (c) and by renumbering (c) as (d), 5
‑
2
‑
202, 5
‑
3
‑
205(a)(i), 5
‑
3
‑
206(a) by creating a new paragraph (xi), 5
‑
9
‑
135, 5
‑
9
‑
144 and 5
‑
13
‑
202 are amended to read:

2
‑
2
‑
401.

Schedule; additional charges.

(c)

In addition to the fees collected under subsection (a) of this section, the clerk of district court shall collect a court automation filing fee of twelve dollars ($12.00) from a person for each filing in the probate matter beginning with the person's seventh filing in the matter. Fees collected under this subsection shall be deposited into the judicial systems automation account established by W.S. 5
‑
2
‑
120.

(c)
(d)

Additional fees or charges may be assessed for particular matters as ordered by the court.

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 seventy
‑
five dollars ($75.00). At the time of filing, the clerk also shall collect a court automation fee in the amount of fifty
‑
five dollars ($55.00)
,
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.
In addition to the fees charged under this section, the clerk shall also collect a court automation filing fee of twelve dollars ($12.00) from a person for each filing in the appeal beginning with the person's seventh filing for the appeal, and this fee shall be deposited into the judicial systems automation account established by W.S. 5
‑
2
‑
120.
Other fees or charges to be assessed within the clerk's office are to be determined under rules of the supreme court.

5
‑
3
‑
205.

Collection of fees in advance; payment to treasurer; liability for collection.

(a)

All fees prescribed by statute for civil business, shall be collected in advance by the clerk and except as otherwise provided in this section shall be paid to the treasurer of the county at the end of each month. The clerk shall be liable under his bond for the collection and payment of such fees. The clerk shall remit:

(i)

The court automation fee prescribed by W.S. 2
‑
2
‑
401(a)(iii)
and (c)
, 5
‑
3
‑
206(a)(i), (vii)
,

and
(x)
and (xi)
, 6
‑
10
‑
102 and 6
‑
10
‑
103 to the judicial systems automation account established by W.S. 5
‑
2
‑
120 at the end of each month;

5
‑
3
‑
206.

Fees.

(a)

For all civil matters filed or commenced,

the clerk of each district court shall charge the following fees:

(xi)

For each filing filed by a person in a civil matter beginning with the person's seventh filing in the civil matter, a court automation filing fee of twelve dollars ($12.00), which shall be remitted as provided by W.S. 5
‑
3
‑
205.

5
‑
9
‑
135.

Filing fees.

(a)

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 forty dollars ($40.00), 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.

(b)

In addition to the fees charged under subsection (a) of this section, the circuit court shall, for each filing in a civil matter by a person beginning with the person's seventh filing in the civil matter, collect a court automation filing fee of twelve dollars ($12.00), which shall be deposited into the judicial systems automation account as provided by W.S. 5
‑
9
‑
144.

5
‑
9
‑
144.

Receipts for money paid into court.

When any money is paid into a circuit court, a receipt for said amount shall be issued promptly upon a form prescribed by the Wyoming supreme court. The receipts shall be prenumbered in numerical sequence. The original copy shall be delivered to a payor making payment by cash or in person, otherwise the original shall be attached to the court file. A copy shall be filed in the office of the issuing judge. The receipts shall be prenumbered by the printer, and the printer shall give to the supreme court a receipt showing the numbers so printed. Except as provided in W.S. 5
‑
9
‑
106, the circuit court shall pay all fines, forfeitures and other penalties to the county treasurer and all fees, costs and other receipts to the state treasurer. The court automation
fee
fees
prescribed by W.S. 5
‑
9
‑
135 or established by court rule shall be deposited by the state treasurer into the judicial systems automation account established by W.S. 5
‑
2
‑
120. The indigent civil legal services fee prescribed by W.S. 5
‑
9
‑
135 shall be deposited by the state treasurer into the indigent civil legal services account established by W.S. 5
‑
2
‑
121. The police officer continuing education and training fee prescribed by W.S. 31
‑
5
‑
1201(h) shall be deposited by the state treasurer into the account in the enterprise fund under W.S. 9
‑
1
‑
633(n).

5
‑
13
‑
202.

Collection of fees.

(a)

The clerk of the chancery court shall collect all fees and charges as required and set by the supreme court under W.S. 5
‑
13
‑
104(b). At the time of the original filing, the clerk also shall collect a court automation fee in the amount of one hundred dollars ($100.00) 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.

(b)

In addition to the fees charged under subsection (a) of this section, the clerk of the chancery court shall, for each filing in an action filed in the chancery court by a person beginning with the person's seventh filing in the action, collect a court automation filing fee of twelve dollars ($12.00), which shall be deposited into the judicial systems automation account created by W.S. 5
‑
2
‑
120.

Section 3.

The supreme court and the judicial conference of the district judges created by W.S. 5
‑
3
‑
102(b) may promulgate any rules necessary to implement this act.

Section 4.

This act shall apply to all actions, matters and cases commenced on and after the effective date of this act.

Section 5
.

This act is effective July 1, 2024
.

(END)

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HB0198