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--- version:Introduced+++ version:(document, no version)@@ -1,288 +1,43 @@-2026 STATE OF WYOMING 26LSO-0381+Court automation fees-amendments. 26LSO-0381, 1.0- 1 SF0075+ SF0075+FISCAL NOTE-SENATE FILE NO. SF0075+ FY 2027 FY 2028 FY 2029+NON-ADMINISTRATIVE IMPACT+Anticipated Revenue increase+Judicial Systems Automation Fund $436,825 $436,825 $441,192-Court automation fees-amendments.+Source of revenue increase: This bill removes specific amounts in Wyoming Statute+related to the court automation fee assessed on court filings and provides for the+Supreme Court to establish the court automation fees by rule. The Supreme Court+estimates an initial revenue increase in the form of court automation fees to the+Judicial Systems Automation Fund of $436,825 in FY 2027, $436,825 in FY 2028, and+$441,192 in FY 2029.-Sponsored by: Senator(s) Olsen, Crago and Nethercott and-Representative(s) Lawley, Washut and-Williams+Assumptions: The Supreme Court’s estimates assume an increase of $5.00 in the court+automation fee effective July 1, 2026. The Supreme Court indicates a $5.00 fee+increase generates revenue of approximately $900,000 per biennium. The bill requires+the fees to be set at an amount necessary to ensure that, to the extent practicable,+the total revenue generated from the court automation fees collected is sufficient+to address but not exceed the direct and indirect costs associated with items in+W.S. 5-2-120(a). The Supreme Court indicated it will carefully consider the+projected cost to the Judicial Systems Automation Fund to determine the actual+increase necessary to address but not exceed the direct and indirect costs of the+fund.-A BILL+The Office of the Attorney General indicates that the bill will result in an+indeterminate administrative expenditure increase.-for+The Department of Family Services Child Support Program is the largest filer with+the district courts, paying full court fees for approximately 3,000 filings per+year. While the Department of Family Services has in the past been able to maintain+its budget for filing fees increases through legislative appropriations, additional+fee changes may result in increased administrative expenditures.-1 AN ACT relating to courts; amending court automation fees;-2 establishing a process by which the supreme court may-3 change the amount of required court automation fees; making-4 conforming amendments; requiring reports; specifying-5 applicability; authorizing rulemaking; and providing for-6 effective dates.-7-8 Be It Enacted by the Legislature of the State of Wyoming:-9-10 Section 1. W.S. 2-2-401(a)(iii), 5-2-120 by creating-11 a new subsection (e), 5-2-202, 5-3-206(a)(i), (vii) and-12 (x), 5-6-108(a)(i), 5-9-135, 5-13-202, 6-10-102 and-13 6-10-103 are amended to read:-14-15 2-2-401. Schedule; additional charges.-2026 STATE OF WYOMING 26LSO-0381+The Office of the Public Defender indicates no significant or personnel impact.- 2 SF0075--1-2 (a) For probate matters filed or commenced, the clerk-3 of the district court shall collect fees as follows:-4-5 (iii) In addition to the original filing fee-6 under paragraph (a)(i) of this subsection, a court-7 automation fee in the amount of forty dollars ($40.00)-8 determined under W.S. 5-2-120(e), which shall be deposited-9 into the judicial systems automation account established by-10 W.S. 5-2-120;-11-12 5-2-120. Judicial systems automation account created;-13 purposes; court information technology equipment;-14 establishment of court automation fees.-15-16 (e) The supreme court shall promulgate rules to-17 establish the amount of the court automation fee required-18 to be collected under law, in accordance with all of the-19 following:-20-21 (i) Fees shall be set at an amount necessary to-22 ensure that, to the greatest extent practicable, the total-23 revenue generated from the court automation fees collected-2026 STATE OF WYOMING 26LSO-0381-- 3 SF0075--1 is sufficient to address but does not exceed the direct and-2 indirect costs for items specified in subsection (a) of-3 this section;-4-5 (ii) Notwithstanding paragraph (i) of this-6 subsection, the supreme court may establish a separate-7 court automation fee for chancery courts under W.S.-8 5-13-202;-9-10 (iii) The supreme court shall maintain records-11 sufficient to demonstrate that the amount of the court-12 automation fees established under this subsection comply-13 with the requirements of this subsection;-14-15 (iv) Not later than October 1 of each year, the-16 supreme court shall report to the joint judiciary interim-17 committee and the joint appropriations committee on the-18 amount of the court automation fee established under this-19 subsection and the total amount of court automation fees-20 collected in the immediately preceding fiscal year.-21-22 5-2-202. Collection of fees.-23-2026 STATE OF WYOMING 26LSO-0381-- 4 SF0075--1 The clerk of the supreme court shall collect the following-2 fees from the plaintiff in error or appellant, or in case-3 of an original proceeding the plaintiff or relator shall,-4 at the time of filing the petition in error or record on-5 appeal or when commencing the cause in this court, the sum-6 of seventy-five dollars ($75.00). At the time of filing,-7 the clerk also shall collect a court automation fee in the-8 amount of fifty-five dollars ($55.00) determined under W.S.-9 5-2-120(e), which shall be deposited into the judicial-10 systems automation account established by W.S. 5-2-120, and-11 an indigent civil legal services fee in the amount of ten-12 dollars ($10.00) which shall be deposited into the indigent-13 civil legal services account established by W.S. 5-2-121.-14 Other fees or charges to be assessed within the clerk's-15 office are to be determined under rules of the supreme-16 court.-17-18 5-3-206. Fees.-19-20 (a) For all civil matters filed or commenced, the-21 clerk of each district court shall charge the following-22 fees:-23-2026 STATE OF WYOMING 26LSO-0381-- 5 SF0075--1 (i) For filing instruments or documents in each-2 civil action and certifying one (1) copy of any order,-3 decree or judgment at the time of its filing for each-4 party, an original filing fee of one hundred sixty dollars-5 ($160.00) one hundred twenty dollars ($120.00), plus a-6 court automation fee in the amount determined under W.S.-7 5-2-120(e), which shall be paid by the plaintiff. This fee-8 shall apply to original actions commenced and to actions-9 that are reopened after a final decree previously has been-10 entered. Forty dollars ($40.00) The amount of the filing-11 court automation fee determined under W.S. 5-2-120(e) shall-12 be for court automation, ten dollars ($10.00) of the filing-13 fee shall be for indigent civil legal services and both-14 shall be remitted as provided in W.S. 5-3-205;-15-16 (vii) For all transcripts in cases appealed to-17 the supreme court, one hundred dollars ($100.00) sixty-18 dollars ($60.00), plus a court automation fee in the amount-19 determined under W.S. 5-2-120(e), including certificates,-20 seals and transmission. Forty dollars ($40.00) The court-21 automation fee under this paragraph determined under W.S.-22 5-2-120(e) shall be for court automation, ten dollars-23 ($10.00) of the transcript fee shall be for indigent civil-2026 STATE OF WYOMING 26LSO-0381-- 6 SF0075--1 legal services and both shall be remitted as provided in-2 W.S. 5-3-205;-3-4 (x) For docketing and in payment of clerk's fee-5 after docketing incident to any appeal or bill of exception-6 from a circuit court, one hundred dollars ($100.00) sixty-7 dollars ($60.00), plus a court automation fee in the amount-8 determined under W.S. 5-2-120(e), and for docketing any-9 transcript of judgment from a circuit court upon the-10 judgment and execution dockets, one hundred dollars-11 ($100.00) sixty dollars ($60.00), plus a court automation-12 fee in the amount determined under W.S. 5-2-120(e), which-13 amount shall be paid by appellant, or by judgment holder to-14 the clerk at time of docketing. Forty dollars ($40.00) The-15 amount of any court automation fee imposed under this-16 paragraph shall be for court automation, ten dollars-17 ($10.00) of the filing fee shall be for indigent civil-18 legal services and both shall be remitted as provided in-19 W.S. 5-3-205.-20-21 5-6-108. Costs.-22-2026 STATE OF WYOMING 26LSO-0381-- 7 SF0075--1 (a) Each city or town in the state of Wyoming may-2 prescribe by ordinance such costs in all trials before-3 municipal courts as may be necessary or deemed expedient.-4 However, the costs shall not exceed ten dollars ($10.00).-5 All costs collected shall be turned into the treasury of-6 the city or town. By ordinance a city or town may-7 prescribe:-8-9 (i) A court automation fee of forty dollars-10 ($40.00) in the amount determined under W.S. 5-2-120(e) as-11 a cost to be paid by every person guilty of a violation of-12 a city or town ordinance;-13-14 5-9-135. Filing fee.-15-16 For all civil matters, the circuit court shall collect from-17 the plaintiff an original filing fee of twenty dollars-18 ($20.00), a court automation fee of forty dollars ($40.00),-19 in the amount determined under W.S. 5-2-120(e) and an-20 indigent civil legal services fee of ten dollars ($10.00)-21 excluding small claims civil actions as provided in W.S.-22 1-21-201 through 1-21-205, which shall have a filing fee of-23 ten dollars ($10.00). The court automation fee shall be-2026 STATE OF WYOMING 26LSO-0381-- 8 SF0075--1 deposited into the judicial systems automation account and-2 the indigent civil legal services fee shall be deposited-3 into the indigent civil legal services account as provided-4 by W.S. 5-9-144.-5-6 5-13-202. Collection of fees.-7-8 The clerk of the chancery court shall collect all fees and-9 charges as required and set by the supreme court under W.S.-10 5-13-104(b). At the time of the original filing, the clerk-11 also shall collect a court automation fee in the amount of-12 one hundred dollars ($100.00) determined under W.S.-13 5-2-120(e) or (e)(ii), which shall be deposited into the-14 judicial systems automation account established by W.S.-15 5-2-120, and an indigent civil legal services fee in the-16 amount of ten dollars ($10.00), which shall be deposited-17 into the indigent civil legal services account established-18 by W.S. 5-2-121.-19-20 6-10-102. Imposition of fine for any felony; maximum-21 fine where not established by statute; court automation-22 fee; indigent civil legal services fee.-23-2026 STATE OF WYOMING 26LSO-0381-- 9 SF0075--1 The court may impose a fine as part of the punishment for-2 any felony. If the statute does not establish a maximum-3 fine, the fine shall be not more than ten thousand dollars-4 ($10,000.00). The court shall impose a court automation fee-5 of forty dollars ($40.00) in the amount determined under-6 W.S. 5-2-120(e) in every criminal case wherein the-7 defendant is found guilty, enters a plea of guilty or no-8 contest or is placed on probation under W.S. 7-13-301. The-9 fee shall be remitted as provided by W.S. 5-3-205. In-10 addition to the court automation fee the court shall impose-11 an indigent civil legal services fee of ten dollars-12 ($10.00) in every criminal case wherein the defendant is-13 found guilty, enters a plea of guilty or no contest or is-14 placed on probation under W.S. 7-13-301 or 35-7-1037. The-15 indigent civil legal services fee shall be remitted as-16 provided in W.S. 5-3-205(a)(ii).-17-18 6-10-103. Penalties for misdemeanors where not-19 prescribed by statute; court automation fee; indigent civil-20 legal services fee.-21-22 Unless a different penalty is prescribed by law, every-23 crime declared to be a misdemeanor is punishable by-2026 STATE OF WYOMING 26LSO-0381-- 10 SF0075--1 imprisonment in the county jail for not more than six (6)-2 months, a fine of not more than seven hundred fifty dollars-3 ($750.00), or both. The court shall impose a court-4 automation fee of forty dollars ($40.00) in the amount-5 determined under W.S. 5-2-120(e) in every criminal case-6 wherein the defendant is found guilty, enters a plea of-7 guilty or no contest or is placed on probation under W.S.-8 7-13-301. The fee shall be remitted as provided by W.S.-9 5-3-205. In addition to the court automation fee the court-10 shall impose an indigent civil legal services fee of ten-11 dollars ($10.00) in every criminal case wherein the-12 defendant is found guilty, enters a plea of guilty or no-13 contest or is placed on probation under W.S. 7-13-301. The-14 indigent civil legal services fee shall be remitted as-15 provided in W.S. 5-3-205(a)(ii).-16-17 Section 2. This act shall apply to all new cases,-18 matters, proceedings and filings initially filed on and-19 after July 1, 2026.-20-21 Section 3. The supreme court may take any action-22 necessary to implement this act.-23-2026 STATE OF WYOMING 26LSO-0381-- 11 SF0075--1 Section 4.-2-3 (a) Except as provided in subsection (b) of this-4 section, this act is effective July 1, 2026.-5-6 (b) Sections 3 and 4 of this act are effective-7 immediately upon completion of all acts necessary for a-8 bill to become law as provided by Article 4, Section 8 of-9 the Wyoming Constitution.-10-11 (END)+Prepared by: Pierre Chesnais, LSO Phone: 777-7881+(Information provided by Claire Smith, Supreme Court, 777-7502; April+Christensen, Attorney General's Office, 777-7840; Brandon Booth, Public Defenders+Office, 777-7519; Kristie Gordy, Department of Family Services, 777-6031)
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