Section 505 – Payment of fees prerequisite to service — Exception.

• (1)
  • (a) State and county officers required by law to charge fees may not perform any official service unless the fees prescribed for that service are paid in advance.
  • (b) When the fee is paid, the officer shall perform the services required.
  • (c) An officer is liable upon the officer’s official bond for every failure or refusal to perform an official duty when the fees are tendered.

• (2)
  • (a) Except as provided in Subsection (2)(b), no fees may be charged:
    • (i) to the officer’s state, or any county or subdivision of the state;
    • (ii) to any public officer acting for the state, county, or subdivision;
    • (iii) in cases of habeas corpus;
    • (iv) in criminal causes before final judgment;
    • (v) for administering and certifying the oath of office;
    • (vi) for swearing pensioners and their witnesses; or
    • (vii) for filing and recording bonds of public officers.
  • (b) Fees may be charged for payment:
    • (i) of recording fees for assessment area recordings in compliance with Sections 11-42-205 and 11-42a-302;
    • (ii) of recording fees for judgments recorded in compliance with Sections 57-3-106 and 78A-7-105; and
    • (iii) to the state engineer under Section 73-2-14.

Amended by Chapter 470, 2017 General Session