2
3
4
5
6
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to revenue collected by the Department of
11 Commerce.
12 Highlighted Provisions:
13 This bill:
14 ▸ allows the Department of Commerce (department) to collect a fee to defray the costs
15 of electronic payments;
16 ▸ creates the Commerce Electronic Payment Fee Restricted Account (restricted
17 account);
18 ▸ requires the department to deposit electronic payment fees into the restricted
19 account; and
20 ▸ provides that appropriations from the restricted account are nonlapsing.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 13-1-2, as last amended by Laws of Utah 2021, Chapter 345
28 63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
29 ENACTS:
30 13-1-17, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 13-1-2 is amended to read:
34 13-1-2. Creation and functions of department -- Divisions created -- Fees --
35 Commerce Service Account.
36 (1) (a) There is created the Department of Commerce.
37 (b) The department shall:
38 (i) execute and administer state laws regulating business activities and occupations
39 affecting the public interest; and
40 (ii) ensure that any training or certification required of a public official or public
41 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
42 22, State Training and Certification Requirements, if the training or certification is required:
43 (A) under this title;
44 (B) by the department; or
45 (C) by an agency or division within the department.
46 (2) Within the department the following divisions are created:
47 (a) the Division of Occupational and Professional Licensing;
48 (b) the Division of Real Estate;
49 (c) the Division of Securities;
50 (d) the Division of Public Utilities;
51 (e) the Division of Consumer Protection; and
52 (f) the Division of Corporations and Commercial Code.
53 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
54 fees assessed for services provided by the department by following the procedures and
55 requirements of Section 63J-1-504.
56 (b) The department shall submit each fee established in this manner to the Legislature
57 for its approval as part of the department's annual appropriations request.
58 (c) (i) There is created a restricted account within the General Fund known as the
59 "Commerce Service Account."
60 (ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by
61 each division and by the department.
62 (iii) The undesignated account balance may not exceed $1,000,000 at the end of each
63 fiscal year.
64 (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
65 into the General Fund any undesignated funds in the account that exceed the amount necessary
66 to maintain the undesignated account balance at $1,000,000.
67 (d) The department may not charge or collect a fee or expend money from the
68 restricted account without approval by the Legislature.
69 (4) (a) As used in this Subsection (4):
70 (i) "Business entity" means a sole proprietorship, partnership, limited partnership,
71 limited liability company, corporation, or other entity or association used to carry on a business
72 for profit.
73 (ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in
74 Subsection (4)(c).
75 (iii) "Renewal fee" means a fee that the Division of Corporations and Commercial
76 Code, established in Section 13-1a-1, is authorized or required to charge a business entity in
77 connection with the business entity's periodic renewal of its status with the Division of
78 Corporations and Commercial Code.
79 (iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the
80 establishment and maintenance of the single sign-on business portal.
81 (v) "Single sign-on business portal" means the same as that term is defined in Section
82 63A-16-802.
83 (b) (i) The schedule of fees adopted by the department under Subsection (3) shall
84 include a single sign-on fee, not to exceed $5, as part of a renewal fee.
85 (ii) The department shall deposit all single sign-on fee revenue into the fund.
86 (c) (i) There is created the Single Sign-On Expendable Special Revenue Fund.
87 (ii) The fund consists of:
88 (A) money that the department collects from the single sign-on fee; and
89 (B) money that the Legislature appropriates to the fund.
90 (d) The department shall use the money in the fund to pay for costs:
91 (i) to design, create, operate, and maintain the single sign-on business portal; and
92 (ii) incurred by:
93 (A) the Department of Technology Services, created in Section 63A-16-103; or
94 (B) a third-party vendor working under a contract with the Department of Technology
95 Services.
96 (e) The department shall report on fund revenues and expenditures to the Public
97 Utilities, Energy, and Technology Interim Committee of the Legislature annually and at any
98 other time requested by the committee.
99 (5) (a) As used in this Subsection (5):
100 (i) "Costs of electronic payments" means:
101 (A) any charge, discount fee, or processing fee charged by a credit card company or
102 processing agent to process an electronic payment; or
103 (B) the costs associated with the purchase of equipment necessary for processing
104 electronic payments.
105 (ii) "Electronic payment" means any form of payment processed through electronic
106 means, including a credit card, debit card, and automatic clearinghouse transaction.
107 (iii) "Electronic payment fee" means the fee the department adopts in accordance with
108 this Subsection (5) to defray the costs of electronic payments.
109 (b) As part of the schedule of fees described in Subsection (3)(a), the department shall
110 establish an electronic payment fee.
111 (c) The department:
112 (i) may collect an electronic payment fee from each person who applies for or renews a
113 license or registration issued by the department or a division of the department; and
114 (ii) shall deposit into the Commerce Electronic Payment Fee Restricted Account
115 created in Section 13-1-17 each electronic payment fee the department collects.
116 (d) The electronic payment fee described in this Subsection (5) is not subject to
117 Subsection 63J-1-105(3) or (4).
118 (e) (i) If the department imposes an electronic payment fee, the department shall collect
119 the electronic payment fee from each person described in Subsection (5)(c)(i) regardless of
120 whether the person makes an electronic payment.
121 (ii) The department is not required to separately identify an electronic payment charged
122 to a person described in Subsection (5)(c)(i).
123 Section 2. Section 13-1-17 is enacted to read:
124 13-1-17. Commerce Electronic Payment Fee Restricted Account.
125 (1) As used in this section:
126 (a) "Account" means the Commerce Electronic Payment Fee Restricted Account
127 created in this section.
128 (b) "Costs of electronic payments" means the same as that term is defined in Section
129 13-1-2.
130 (c) "Department" means the Department of Commerce.
131 (d) "Electronic payment" means the same as that term is defined in Section 13-1-2.
132 (e) "Electronic payment fee" means the same as that term is defined in Section 13-1-2.
133 (2) There is created in the General Fund a restricted account known as the "Commerce
134 Electronic Payment Fee Restricted Account."
135 (3) The account consists of money that the department collects as an electronic
136 payment fee in accordance with Section 13-1-2.
137 (4) Upon appropriation, the department may use money in the restricted account to
138 cover the costs of electronic payments.
139 (5) In accordance with Section 63J-1-602.1, appropriations made to the department
140 from the account are nonlapsing.
141 Section 3. Section 63J-1-602.1 is amended to read:
142 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
143 Appropriations made from the following accounts or funds are nonlapsing:
144 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
145 and Leadership Restricted Account created in Section 4-42-102.
146 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
147 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
148 Section 9-18-102.
149 (4) The National Professional Men's Soccer Team Support of Building Communities
150 Restricted Account created in Section 9-19-102.
151 (5) Funds collected for directing and administering the C-PACE district created in
152 Section 11-42a-106.
153 (6) Money received by the Utah Inland Port Authority, as provided in Section
154 11-58-105.
155 (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
156 (8) The Clean Air Support Restricted Account created in Section 19-1-109.
157 (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
158 Section 19-2a-106.
159 (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
160 Section 19-5-126.
161 (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
162 Section 23-14-13.5.
163 (12) Award money under the State Asset Forfeiture Grant Program, as provided under
164 Section 24-4-117.
165 (13) Funds collected from the program fund for local health department expenses
166 incurred in responding to a local health emergency under Section 26-1-38.
167 (14) The Children with Cancer Support Restricted Account created in Section
168 26-21a-304.
169 (15) State funds for matching federal funds in the Children's Health Insurance Program
170 as provided in Section 26-40-108.
171 (16) The Children with Heart Disease Support Restricted Account created in Section
172 26-58-102.
173 (17) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
174 (18) The Technology Development Restricted Account created in Section 31A-3-104.
175 (19) The Criminal Background Check Restricted Account created in Section
176 31A-3-105.
177 (20) The Captive Insurance Restricted Account created in Section 31A-3-304, except
178 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
179 (21) The Title Licensee Enforcement Restricted Account created in Section
180 31A-23a-415.
181 (22) The Health Insurance Actuarial Review Restricted Account created in Section
182 31A-30-115.
183 (23) The Insurance Fraud Investigation Restricted Account created in Section
184 31A-31-108.
185 (24) The Underage Drinking Prevention Media and Education Campaign Restricted
186 Account created in Section 32B-2-306.
187 (25) The School Readiness Restricted Account created in Section 35A-15-203.
188 (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
189 products or services, as provided in Section 35A-13-202.
190 (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
191 (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
192 (29) The Division of Oil, Gas, and Mining Restricted account created in Section
193 40-6-23.
194 (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
195 the Motor Vehicle Division.
196 (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
197 created by Section 41-3-110 to the State Tax Commission.
198 (32) The Utah Law Enforcement Memorial Support Restricted Account created in
199 Section 53-1-120.
200 (33) The State Disaster Recovery Restricted Account to the Division of Emergency
201 Management, as provided in Section 53-2a-603.
202 (34) The Department of Public Safety Restricted Account to the Department of Public
203 Safety, as provided in Section 53-3-106.
204 (35) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
205 53-8-303.
206 (36) The DNA Specimen Restricted Account created in Section 53-10-407.
207 (37) The Canine Body Armor Restricted Account created in Section 53-16-201.
208 (38) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
209 (39) The Higher Education Capital Projects Fund created in Section 53B-22-202.
210 (40) A certain portion of money collected for administrative costs under the School
211 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
212 (41) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
213 subject to Subsection 54-5-1.5(4)(d).
214 (42) Funds collected from a surcharge fee to provide certain licensees with access to an
215 electronic reference library, as provided in Section 58-3a-105.
216 (43) Certain fines collected by the Division of Occupational and Professional Licensing
217 for violation of unlawful or unprofessional conduct that are used for education and enforcement
218 purposes, as provided in Section 58-17b-505.
219 (44) Funds collected from a surcharge fee to provide certain licensees with access to an
220 electronic reference library, as provided in Section 58-22-104.
221 (45) Funds collected from a surcharge fee to provide certain licensees with access to an
222 electronic reference library, as provided in Section 58-55-106.
223 (46) Funds collected from a surcharge fee to provide certain licensees with access to an
224 electronic reference library, as provided in Section 58-56-3.5.
225 (47) Certain fines collected by the Division of Occupational and Professional Licensing
226 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
227 Section 58-63-103.
228 (48) The Relative Value Study Restricted Account created in Section 59-9-105.
229 (49) The Cigarette Tax Restricted Account created in Section 59-14-204.
230 (50) Funds paid to the Division of Real Estate for the cost of a criminal background
231 check for a mortgage loan license, as provided in Section 61-2c-202.
232 (51) Funds paid to the Division of Real Estate for the cost of a criminal background
233 check for principal broker, associate broker, and sales agent licenses, as provided in Section
234 61-2f-204.
235 (52) Certain funds donated to the Department of Human Services, as provided in
236 Section 62A-1-111.
237 (53) The National Professional Men's Basketball Team Support of Women and
238 Children Issues Restricted Account created in Section 62A-1-202.
239 (54) Certain funds donated to the Division of Child and Family Services, as provided
240 in Section 62A-4a-110.
241 (55) The Choose Life Adoption Support Restricted Account created in Section
242 62A-4a-608.
243 (56) Funds collected by the Office of Administrative Rules for publishing, as provided
244 in Section 63G-3-402.
245 (57) The Immigration Act Restricted Account created in Section 63G-12-103.
246 (58) Money received by the military installation development authority, as provided in
247 Section 63H-1-504.
248 (59) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
249 (60) The Unified Statewide 911 Emergency Service Account created in Section
250 63H-7a-304.
251 (61) The Utah Statewide Radio System Restricted Account created in Section
252 63H-7a-403.
253 (62) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
254 (63) The Motion Picture Incentive Account created in Section 63N-8-103.
255 (64) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
256 as provided under Section 63N-10-301.
257 (65) Funds collected by the housing of state probationary inmates or state parole
258 inmates, as provided in Subsection 64-13e-104(2).
259 (66) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
260 and State Lands, as provided in Section 65A-8-103.
261 (67) The Transportation of Veterans to Memorials Support Restricted Account created
262 in Section 71-14-102.
263 (68) The Amusement Ride Safety Restricted Account, as provided in Section
264 72-16-204.
265 (69) Certain funds received by the Office of the State Engineer for well drilling fines or
266 bonds, as provided in Section 73-3-25.
267 (70) The Water Resources Conservation and Development Fund, as provided in
268 Section 73-23-2.
269 (71) Funds donated or paid to a juvenile court by private sources, as provided in
270 Subsection 78A-6-203(1)(c).
271 (72) Fees for certificate of admission created under Section 78A-9-102.
272 (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
273 78B-6-144, and 78B-6-144.5.
274 (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
275 Utah Indigent Defense Commission.
276 (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
277 Section 79-3-403.
278 (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
279 Park, and Green River State Park, as provided under Section 79-4-403.
280 (77) Certain funds received by the Division of State Parks from the sale or disposal of
281 buffalo, as provided under Section 79-4-1001.
282 (78) The Drinking While Pregnant Prevention Media and Education Campaign
283 Restricted Account created in Section 32B-2-308.
284 (79) The Commerce Electronic Payment Fee Restricted Account created in Section
285 13-1-17.