Representative Bruce R. Cutler proposes the following substitute bill:




Chief Sponsor: Bruce R. Cutler

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill modifies provisions relating to the single sign-on database.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Department of Commerce to include in its fees a single sign-on fee;
13          ▸     creates the Single Sign-On Expendable Special Revenue Fund into which all single
14     sign-on fees are to be deposited;
15          ▸     authorizes the use of money in the Single Sign-On Expendable Special Revenue
16     Fund to pay for the design, creation, operation, and maintenance of the single
17     sign-on web portal;
18          ▸     modifies reporting requirements applicable to the Department of Technology
19     Services;
20          ▸     requires the Department of Commerce to report on Single Sign-On Expendable
21     Special Revenue Fund revenues and expenditures to the Public Utilities, Energy,
22     and Technology Interim Committee; and
23          ▸     requires the Public Utilities, Energy, and Technology Interim Committee to review
24     the single sign-on fee.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          13-1-2, as last amended by Laws of Utah 2017, Chapter 139
32          63F-3-103, as enacted by Laws of Utah 2016, Chapter 259
33          63F-3-104, as enacted by Laws of Utah 2016, Chapter 259

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 13-1-2 is amended to read:
37          13-1-2. Creation and functions of department -- Divisions created -- Fees --
38     Commerce Service Account.
39          (1) (a) There is created the Department of Commerce.
40          (b) The department shall execute and administer state laws regulating business
41     activities and occupations affecting the public interest.
42          (2) Within the department the following divisions are created:
43          (a) the Division of Occupational and Professional Licensing;
44          (b) the Division of Real Estate;
45          (c) the Division of Securities;
46          (d) the Division of Public Utilities;
47          (e) the Division of Consumer Protection; and
48          (f) the Division of Corporations and Commercial Code.
49          (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
50     fees assessed for services provided by the department by following the procedures and
51     requirements of Section 63J-1-504.
52          (b) The department shall submit each fee established in this manner to the Legislature
53     for its approval as part of the department's annual appropriations request.
54          (c) (i) There is created a restricted account within the General Fund known as the
55     "Commerce Service Account."
56          (ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by

57     each division and by the department.
58          (iii) The undesignated account balance may not exceed $1,000,000 at the end of each
59     fiscal year.
60          (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
61     into the General Fund any undesignated funds in the account that exceed the amount necessary
62     to maintain the undesignated account balance at $1,000,000.
63          (d) The department may not charge or collect a fee or expend money from the
64     restricted account without approval by the Legislature.
65          (4) (a) As used in this Subsection (4):
66          (i) "Business entity" means a sole proprietorship, partnership, limited partnership,
67     limited liability company, corporation, or other entity or association used to carry on a business
68     for profit.
69          (ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in
70     Subsection (4)(c).
71          (iii) "Renewal fee" means a fee that the Division of Corporations and Commercial
72     Code, established in Section 13-1a-1, is authorized or required to charge a business entity in
73     connection with the business entity's periodic renewal of its status with the Division of
74     Corporations and Commercial Code.
75          (iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the
76     establishment and maintenance of the single sign-on web portal.
77          (v) "Single sign-on web portal" means the web portal described in Subsection
78     63F-3-103(2).
79          (b) (i) The schedule of fees adopted by the department under Subsection (3) shall
80     include a single sign-on fee, not to exceed $5, as part of a renewal fee.
81          (ii) The department shall deposit all single sign-on fee revenue into the fund.
82          (c) (i) There is created the Single Sign-On Expendable Special Revenue Fund.
83          (ii) The fund consists of:
84          (A) money that the department collects from the single sign-on fee; and
85          (B) money that the Legislature appropriates to the fund.
86          (d) Money in the fund is nonlapsing.
87          (e) The department shall use the money in the fund to pay for costs:

88          (i) to design, create, operate, and maintain the single sign-on web portal; and
89          (ii) incurred by:
90          (A) the Department of Technology Services, created in Section 63F-1-103; or
91          (B) a third-party vendor working under a contract with the Department of Technology
92     Services.
93          (f) The department shall report:
94          (i) on fund revenues and expenditures;
95          (ii) to the Public Utilities, Energy, and Technology Interim Committee of the
96     Legislature; and
97          (iii) annually and at any other time requested by the committee.
98          Section 2. Section 63F-3-103 is amended to read:
99          63F-3-103. Single sign-on database -- Creation.
100          (1) The department shall, in consultation with the entities described in Subsection (4),
101     design and create a prototype of a single database, and associated data entry screens, that stores
102     business data agreed upon by the entities described in Subsection (4) that is:
103          (a) secure;
104          (b) centralized; and
105          (c) interconnected.
106          (2) The department shall create a web portal that allows a person doing business in the
107     state to access, at a single point of entry, all relevant state-collected business data about the
108     person, including information related to:
109          (a) business registration;
110          (b) workers' compensation;
111          (c) tax liability and payment; and
112          (d) other information collected by the state that the department determines is relevant
113     to a person doing business in the state.
114          (3) The department shall develop the business database and the single sign-on web
115     portal:
116          (a) using an open platform that:
117          (i) facilitates participation in the database and web portal by a state entity; and
118          (ii) allows for optional participation by a political subdivision of the state; and

119          (b) in a manner that anticipates expanding the database and web portal to include:
120          (i) a database for data collected by the state on an individual; and
121          (ii) a web portal for an individual to access all relevant data collected by the state on
122     the individual.
123          (4) In developing the business database and the single sign-on web portal, the
124     department shall consult with:
125          (a) the Department of Commerce;
126          (b) the State Tax Commission;
127          (c) the Labor Commission;
128          (d) the Department of Workforce Services;
129          (e) the Governor's Office of Management and Budget;
130          (f) the Utah League of Cities and Towns;
131          (g) the Utah Association of Counties; and
132          (h) the business community that is likely to use the business database and single
133     sign-on web portal.
134          (5) The department shall ensure that the single sign-on web portal is fully operational
135     no later than May 1, 2021.
136          Section 3. Section 63F-3-104 is amended to read:
137          63F-3-104. Report.
138          (1) The department shall report to the Public Utilities, Energy, and Technology Interim
139     Committee:
140          [(1)] (a) no later than November 30, 2016, with an initial design and prototype of the
141     business database and the single sign-on web portal, together with a minimum two-year plan,
142     including projected cost, for the initial implementation phase of the project; and
143          [(2)] (b) before November 30 of each year beginning in 2017 [until the development of
144     the business database and the single sign-on web portal is complete,]:
145          (i) regarding the progress the department has made in developing the business database
146     and the single sign-on web portal[.] and, once that development is complete, regarding the
147     operation of the single sign-on web portal; and
148          (ii) whether the department recommends any change to the single sign-on fee being
149     charged under Section 13-1-2.

150          (2) The Public Utilities, Energy, and Technology Interim Committee shall annually:
151          (a) review the single sign-on fee being charged under Section 13-1-2;
152          (b) determine whether the revenue from the single sign-on fee is adequate for designing
153     and developing and then, once developed, operating and maintaining the single sign-on web
154     portal; and
155          (c) make any recommendation to the Legislature that the committee considers
156     appropriate concerning the single sign-on fee.
157          Section 4. Effective date.
158          If approved by two-thirds of all the members elected to each house, this bill takes effect
159     upon approval by the governor, or the day following the constitutional time limit of Utah
160     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
161     the date of veto override.