2006 Utah Code - 31A-3-103 — Fees.

     31A-3-103.   Fees.
     (1) For purposes of this section:
     (a) "Regulatory fee" is as defined in Section 63-38-3.2.
     (b) "Services" means functions that are reasonable and necessary to enable the commissioner to perform the duties imposed by this title including:
     (i) issuing and renewing licenses and certificates of authority;
     (ii) filing policy forms;
     (iii) reporting agent appointments and terminations; and
     (iv) filing annual statements.
     (c) Fees related to the renewal of licenses may be imposed no more frequently than once each year.
     (2) (a) A regulatory fee charged by the department shall be set in accordance with Section 63-38-3.2.
     (b) Fees shall be set and collected for services provided by the department.
     (3) (a) For a fee authorized by this chapter that is not a regulatory fee, the department may adopt a schedule of fees provided that each fee in the schedule of fees is:
     (i) reasonable and fair; and
     (ii) submitted to the Legislature as part of the department's annual appropriations request.
     (b) If a fee schedule described in Subsection (3)(a) is submitted as part of the department's annual appropriations request, the Legislature may, in a manner substantially similar to Section 63-38-3.2:
     (i) approve any fee in the fee schedule;
     (ii) (A) increase or decrease any fee in the fee schedule; and
     (B) approve any fee in the fee schedule as changed by the Legislature; or
     (iii) reject any fee in the fee schedule.
     (c) (i) Except as provided in Subsection (3)(c)(ii), a fee approved by the Legislature pursuant to this Subsection (3) shall be deposited into the General Fund for appropriation by the Legislature.
     (ii) A fee approved by the Legislature pursuant to this Subsection (3) that relates to the use of electronic or other similar technology to provide the services of the department shall be deposited into the General Fund as a dedicated credit to be used by the department to provide services through use of electronic commerce or other similar technology.
     (4) The commissioner shall separately publish the schedule of fees approved by the Legislature and make it available upon request for $1 per copy. This fee schedule shall also be included in any compilation of rules promulgated by the commissioner.
     (5) The commissioner shall, by rule, establish the deadlines for payment of any fee established by the department in accordance with this section.

Amended by Chapter 117, 2006 General Session