Utah 2023 Regular Session

Utah House Bill HB0012 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 12
	1	+	1st Sub. H.B. 12
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Shewan 6
	4	+	6 01-16-23 5:26 PM 6
	5	+	H.B. 12
	6	+	1st Sub. (Buff)
	7	+	Representative Jordan D. Teuscher proposes the following substitute bill:
2	8		1 DEPARTMENT OF COMMERCE ELECTRONI C PAYMENT
3	9		2 FEES
4	10		3 2023 GENERAL SESSION
5	11		4 STATE OF UTAH
6	12		5 Chief Sponsor: Jordan D. Teuscher
7	13		6 Senate Sponsor: Curtis S. Bramble
8	14		7
9	15		8LONG TITLE
10	16		9General Description:
11	17		10 This bill amends provisions related to revenue collected by the Department of
12	18		11Commerce.
13	19		12Highlighted Provisions:
14	20		13 This bill:
15	21		14 <allows the Department of Commerce (department) to collect a fee to defray the costs
16	22		15of electronic payments;
17	23		16 <creates the Commerce Electronic Payment Fee Restricted Account (restricted
18	24		17account);
19	25		18 <requires the department to deposit electronic payment fees into the restricted
20	26		19account; and
21	27		20 <provides that appropriations from the restricted account are nonlapsing.
22	28		21Money Appropriated in this Bill:
23	29		22 This bill appropriates in fiscal year 2024:
24	30		23 <to the Department of Commerce as an ongoing appropriation:
25	31		24 Cfrom the Commerce Service Account, ($800,000).
26	32		25 Cfrom the Commerce Electronic Payment Fee Restricted Account, $800,000.
	33	+	HB0012S01 1st Sub. (Buff) H.B. 12 01-16-23 5:26 PM
	34	+	- 2 -
27	35		26Other Special Clauses:
28	36		27 None
29	37		28Utah Code Sections Affected:
30		-	29AMENDS: H.B. 12 Enrolled Copy
31		-	- 2 -
	38	+	29AMENDS:
32	39		30 13-1-2, as last amended by Laws of Utah 2022, Chapter 415
33	40		31 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
34	41		32and 451
35	42		33ENACTS:
36	43		34 13-1-17, Utah Code Annotated 1953
37	44		35
38	45		36Be it enacted by the Legislature of the state of Utah:
39	46		37 Section 1. Section 13-1-2 is amended to read:
40	47		38 13-1-2. Creation and functions of department -- Divisions created -- Fees --
41	48		39Commerce Service Account.
42	49		40 (1) (a) There is created the Department of Commerce.
43	50		41 (b) The department shall:
44	51		42 (i) execute and administer state laws regulating business activities and occupations
45	52		43affecting the public interest; and
46	53		44 (ii) ensure that any training or certification required of a public official or public
47	54		45employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
48	55		4622, State Training and Certification Requirements, if the training or certification is required:
49	56		47 (A) under this title;
50	57		48 (B) by the department; or
51	58		49 (C) by an agency or division within the department.
52	59		50 (2) Within the department the following divisions are created:
53	60		51 (a) the Division of Professional Licensing;
54	61		52 (b) the Division of Real Estate;
55	62		53 (c) the Division of Securities;
56	63		54 (d) the Division of Public Utilities;
57	64		55 (e) the Division of Consumer Protection; and
58		-	56 (f) the Division of Corporations and Commercial Code.
59		-	57 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of Enrolled Copy H.B. 12
	65	+	56 (f) the Division of Corporations and Commercial Code. 01-16-23 5:26 PM 1st Sub. (Buff) H.B. 12
60	66		- 3 -
	67	+	57 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
61	68		58fees assessed for services provided by the department by following the procedures and
62	69		59requirements of Section 63J-1-504.
63	70		60 (b) The department shall submit each fee established in this manner to the Legislature
64	71		61for the Legislature's approval as part of the department's annual appropriations request.
65	72		62 (c) (i) There is created a restricted account within the General Fund known as the
66	73		63"Commerce Service Account."
67	74		64 (ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by
68	75		65each division and by the department.
69	76		66 (iii) The undesignated account balance may not exceed $1,000,000 at the end of each
70	77		67fiscal year.
71	78		68 (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
72	79		69into the General Fund any undesignated funds in the account that exceed the amount necessary
73	80		70to maintain the undesignated account balance at $1,000,000.
74	81		71 (d) The department may not charge or collect a fee or expend money from the
75	82		72restricted account without approval by the Legislature.
76	83		73 (4) (a) As used in this Subsection (4):
77	84		74 (i) "Business entity" means a sole proprietorship, partnership, limited partnership,
78	85		75limited liability company, corporation, or other entity or association used to carry on a business
79	86		76for profit.
80	87		77 (ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in
81	88		78Subsection (4)(c).
82	89		79 (iii) "Renewal fee" means a fee that the Division of Corporations and Commercial
83	90		80Code, established in Section 13-1a-1, is authorized or required to charge a business entity in
84	91		81connection with the business entity's periodic renewal of the business entity's status with the
85	92		82Division of Corporations and Commercial Code.
86	93		83 (iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the
87	94		84establishment and maintenance of the single sign-on business portal.
88		-	85 (v) "Single sign-on business portal" means the same as that term is defined in Section H.B. 12 Enrolled Copy
	95	+	85 (v) "Single sign-on business portal" means the same as that term is defined in Section
	96	+	8663A-16-802.
	97	+	87 (b) (i) The schedule of fees adopted by the department under Subsection (3) shall 1st Sub. (Buff) H.B. 12 01-16-23 5:26 PM
89	98		- 4 -
90		-	8663A-16-802.
91		-	87 (b) (i) The schedule of fees adopted by the department under Subsection (3) shall
92	99		88include a single sign-on fee, not to exceed $5, as part of a renewal fee.
93	100		89 (ii) The department shall deposit all single sign-on fee revenue into the fund.
94	101		90 (c) (i) There is created the Single Sign-On Expendable Special Revenue Fund.
95	102		91 (ii) The fund consists of:
96	103		92 (A) money that the department collects from the single sign-on fee; and
97	104		93 (B) money that the Legislature appropriates to the fund.
98	105		94 (d) The department shall use the money in the fund to pay for costs:
99	106		95 (i) to design, create, operate, and maintain the single sign-on business portal; and
100	107		96 (ii) incurred by:
101	108		97 (A) the Department of Technology Services, created in Section 63A-16-103; or
102	109		98 (B) a third-party vendor working under a contract with the Department of Technology
103	110		99Services.
104	111		100 (e) The department shall report on fund revenues and expenditures to the Public
105	112		101Utilities, Energy, and Technology Interim Committee of the Legislature annually and at any
106	113		102other time requested by the committee.
107	114		103 (5) (a) As used in this Subsection (5):
108	115		104 (i) "Costs of electronic payments" means:
109	116		105 (A) any charge, discount fee, or processing fee that a credit card company or processing
110	117		106agent charges to process an electronic payment; or
111	118		107 (B) the costs associated with the purchase of equipment necessary for processing
112	119		108electronic payments.
113	120		109 (ii) "Electronic payment" means any form of payment processed through electronic
114	121		110means, including a credit card, debit card, or automatic clearinghouse transaction.
115	122		111 (iii) "Electronic payment fee" means the fee the department adopts in accordance with
116	123		112this Subsection (5) to defray the costs of electronic payments.
117		-	113 (b) As part of the schedule of fees described in Subsection (3)(a), the department shall Enrolled Copy H.B. 12
118		-	- 5 -
	124	+	113 (b) As part of the schedule of fees described in Subsection (3)(a), the department shall
119	125		114establish an electronic payment fee.
120	126		115 (c) The department:
121	127		116 (i) may collect an electronic payment fee from each person who applies for or renews a
122	128		117license or registration issued by the department or a division of the department; and
123		-	118 (ii) shall deposit into the Commerce Electronic Payment Fee Restricted Account
	129	+	118 (ii) shall deposit into the Commerce Electronic Payment Fee Restricted Account 01-16-23 5:26 PM 1st Sub. (Buff) H.B. 12
	130	+	- 5 -
124	131		119created in Section 13-1-17 each electronic payment fee the department collects.
125	132		120 (d) The electronic payment fee described in this Subsection (5) is not subject to
126	133		121Subsection 63J-1-105(3) or (4).
127	134		122 (e) (i) If the department imposes an electronic payment fee, the department shall collect
128	135		123the electronic payment fee from each person described in Subsection (5)(c)(i) regardless of
129	136		124whether the person makes an electronic payment.
130	137		125 (ii) The department is not required to separately identify an electronic payment charged
131	138		126to a person described in Subsection (5)(c)(i).
132	139		127 Section 2. Section 13-1-17 is enacted to read:
133	140		128 13-1-17. Commerce Electronic Payment Fee Restricted Account.
134	141		129 (1) As used in this section:
135	142		130 (a) "Account" means the Commerce Electronic Payment Fee Restricted Account
136	143		131created in this section.
137	144		132 (b) "Costs of electronic payments" means the same as that term is defined in Section
138	145		13313-1-2.
139	146		134 (c) "Department" means the Department of Commerce.
140	147		135 (d) "Electronic payment" means the same as that term is defined in Section 13-1-2.
141	148		136 (e) "Electronic payment fee" means the same as that term is defined in Section 13-1-2.
142	149		137 (2) There is created in the General Fund a restricted account known as the "Commerce
143	150		138Electronic Payment Fee Restricted Account."
144	151		139 (3) The account consists of money that the department collects as an electronic
145	152		140payment fee in accordance with Section 13-1-2.
146		-	141 (4) Upon appropriation, the department may use money in the account to cover the H.B. 12 Enrolled Copy
147		-	- 6 -
	153	+	141 (4) Upon appropriation, the department may use money in the account to cover the
148	154		142costs of electronic payments.
149	155		143 (5) In accordance with Section 63J-1-602.1, appropriations made to the department
150	156		144from the account are nonlapsing.
151	157		145 Section 3. Section 63J-1-602.1 is amended to read:
152	158		146 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
153	159		147 Appropriations made from the following accounts or funds are nonlapsing:
154	160		148 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
155		-	149and Leadership Restricted Account created in Section 4-42-102.
	161	+	149and Leadership Restricted Account created in Section 4-42-102. 1st Sub. (Buff) H.B. 12 01-16-23 5:26 PM
	162	+	- 6 -
156	163		150 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
157	164		151 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
158	165		152Section 9-18-102.
159	166		153 (4) The National Professional Men's Soccer Team Support of Building Communities
160	167		154Restricted Account created in Section 9-19-102.
161	168		155 (5) Funds collected for directing and administering the C-PACE district created in
162	169		156Section 11-42a-106.
163	170		157 (6) Money received by the Utah Inland Port Authority, as provided in Section
164	171		15811-58-105.
165	172		159 (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
166	173		160 (8) The Clean Air Support Restricted Account created in Section 19-1-109.
167	174		161 (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
168	175		162Section 19-2a-106.
169	176		163 (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
170	177		164Section 19-5-126.
171	178		165 (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
172	179		166Section 23-14-13.5.
173	180		167 (12) Award money under the State Asset Forfeiture Grant Program, as provided under
174	181		168Section 24-4-117.
175		-	169 (13) Funds collected from the program fund for local health department expenses Enrolled Copy H.B. 12
176		-	- 7 -
	182	+	169 (13) Funds collected from the program fund for local health department expenses
177	183		170incurred in responding to a local health emergency under Section 26-1-38.
178	184		171 (14) The Children with Cancer Support Restricted Account created in Section
179	185		17226-21a-304.
180	186		173 (15) State funds for matching federal funds in the Children's Health Insurance Program
181	187		174as provided in Section 26-40-108.
182	188		175 (16) The Children with Heart Disease Support Restricted Account created in Section
183	189		17626-58-102.
184	190		177 (17) The Technology Development Restricted Account created in Section 31A-3-104.
185	191		178 (18) The Criminal Background Check Restricted Account created in Section
186	192		17931A-3-105.
187		-	180 (19) The Captive Insurance Restricted Account created in Section 31A-3-304, except
	193	+	180 (19) The Captive Insurance Restricted Account created in Section 31A-3-304, except 01-16-23 5:26 PM 1st Sub. (Buff) H.B. 12
	194	+	- 7 -
188	195		181to the extent that Section 31A-3-304 makes the money received under that section free revenue.
189	196		182 (20) The Title Licensee Enforcement Restricted Account created in Section
190	197		18331A-23a-415.
191	198		184 (21) The Health Insurance Actuarial Review Restricted Account created in Section
192	199		18531A-30-115.
193	200		186 (22) The Insurance Fraud Investigation Restricted Account created in Section
194	201		18731A-31-108.
195	202		188 (23) The Underage Drinking Prevention Media and Education Campaign Restricted
196	203		189Account created in Section 32B-2-306.
197	204		190 (24) The Drinking While Pregnant Prevention Media and Education Campaign
198	205		191Restricted Account created in Section 32B-2-308.
199	206		192 (25) The School Readiness Restricted Account created in Section 35A-15-203.
200	207		193 (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
201	208		194products or services, as provided in Section 35A-13-202.
202	209		195 (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
203	210		196 (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
204		-	197 (29) The Division of Oil, Gas, and Mining Restricted account created in Section H.B. 12 Enrolled Copy
205		-	- 8 -
	211	+	197 (29) The Division of Oil, Gas, and Mining Restricted account created in Section
206	212		19840-6-23.
207	213		199 (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
208	214		200the Motor Vehicle Division.
209	215		201 (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
210	216		202created by Section 41-3-110 to the State Tax Commission.
211	217		203 (32) The Utah Law Enforcement Memorial Support Restricted Account created in
212	218		204Section 53-1-120.
213	219		205 (33) The State Disaster Recovery Restricted Account to the Division of Emergency
214	220		206Management, as provided in Section 53-2a-603.
215	221		207 (34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
216	222		20853-2a-1302.
217	223		209 (35) The Department of Public Safety Restricted Account to the Department of Public
218	224		210Safety, as provided in Section 53-3-106.
219		-	211 (36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
	225	+	211 (36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section 1st Sub. (Buff) H.B. 12 01-16-23 5:26 PM
	226	+	- 8 -
220	227		21253-8-303.
221	228		213 (37) The DNA Specimen Restricted Account created in Section 53-10-407.
222	229		214 (38) The Canine Body Armor Restricted Account created in Section 53-16-201.
223	230		215 (39) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
224	231		216 (40) The Higher Education Capital Projects Fund created in Section 53B-22-202.
225	232		217 (41) A certain portion of money collected for administrative costs under the School
226	233		218Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
227	234		219 (42) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
228	235		220subject to Subsection 54-5-1.5(4)(d).
229	236		221 (43) Funds collected from a surcharge fee to provide certain licensees with access to an
230	237		222electronic reference library, as provided in Section 58-3a-105.
231	238		223 (44) Certain fines collected by the Division of Professional Licensing for violation of
232	239		224unlawful or unprofessional conduct that are used for education and enforcement purposes, as
233		-	225provided in Section 58-17b-505. Enrolled Copy H.B. 12
234		-	- 9 -
	240	+	225provided in Section 58-17b-505.
235	241		226 (45) Funds collected from a surcharge fee to provide certain licensees with access to an
236	242		227electronic reference library, as provided in Section 58-22-104.
237	243		228 (46) Funds collected from a surcharge fee to provide certain licensees with access to an
238	244		229electronic reference library, as provided in Section 58-55-106.
239	245		230 (47) Funds collected from a surcharge fee to provide certain licensees with access to an
240	246		231electronic reference library, as provided in Section 58-56-3.5.
241	247		232 (48) Certain fines collected by the Division of Professional Licensing for use in
242	248		233education and enforcement of the Security Personnel Licensing Act, as provided in Section
243	249		23458-63-103.
244	250		235 (49) The Relative Value Study Restricted Account created in Section 59-9-105.
245	251		236 (50) The Cigarette Tax Restricted Account created in Section 59-14-204.
246	252		237 (51) Funds paid to the Division of Real Estate for the cost of a criminal background
247	253		238check for a mortgage loan license, as provided in Section 61-2c-202.
248	254		239 (52) Funds paid to the Division of Real Estate for the cost of a criminal background
249	255		240check for principal broker, associate broker, and sales agent licenses, as provided in Section
250	256		24161-2f-204.
251		-	242 (53) Certain funds donated to the Department of Health and Human Services, as
	257	+	242 (53) Certain funds donated to the Department of Health and Human Services, as 01-16-23 5:26 PM 1st Sub. (Buff) H.B. 12
	258	+	- 9 -
252	259		243provided in Section 26B-1-202.
253	260		244 (54) The National Professional Men's Basketball Team Support of Women and
254	261		245Children Issues Restricted Account created in Section 26B-1-302.
255	262		246 (55) Certain funds donated to the Division of Child and Family Services, as provided
256	263		247in Section 80-2-404.
257	264		248 (56) The Choose Life Adoption Support Restricted Account created in Section
258	265		24980-2-502.
259	266		250 (57) Funds collected by the Office of Administrative Rules for publishing, as provided
260	267		251in Section 63G-3-402.
261	268		252 (58) The Immigration Act Restricted Account created in Section 63G-12-103.
262		-	253 (59) Money received by the military installation development authority, as provided in H.B. 12 Enrolled Copy
263		-	- 10 -
	269	+	253 (59) Money received by the military installation development authority, as provided in
264	270		254Section 63H-1-504.
265	271		255 (60) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
266	272		256 (61) The Unified Statewide 911 Emergency Service Account created in Section
267	273		25763H-7a-304.
268	274		258 (62) The Utah Statewide Radio System Restricted Account created in Section
269	275		25963H-7a-403.
270	276		260 (63) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
271	277		261 (64) The Motion Picture Incentive Account created in Section 63N-8-103.
272	278		262 (65) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
273	279		263as provided under Section 63N-10-301.
274	280		264 (66) Funds collected by the housing of state probationary inmates or state parole
275	281		265inmates, as provided in Subsection 64-13e-104(2).
276	282		266 (67) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
277	283		267and State Lands, as provided in Section 65A-8-103.
278	284		268 (68) The Amusement Ride Safety Restricted Account, as provided in Section
279	285		26972-16-204.
280	286		270 (69) Certain funds received by the Office of the State Engineer for well drilling fines or
281	287		271bonds, as provided in Section 73-3-25.
282	288		272 (70) The Water Resources Conservation and Development Fund, as provided in
283		-	273Section 73-23-2.
	289	+	273Section 73-23-2. 1st Sub. (Buff) H.B. 12 01-16-23 5:26 PM
	290	+	- 10 -
284	291		274 (71) Funds donated or paid to a juvenile court by private sources, as provided in
285	292		275Subsection 78A-6-203(1)(c).
286	293		276 (72) Fees for certificate of admission created under Section 78A-9-102.
287	294		277 (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
288	295		27878B-6-144, and 78B-6-144.5.
289	296		279 (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
290	297		280Utah Indigent Defense Commission.
291		-	281 (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in Enrolled Copy H.B. 12
292		-	- 11 -
	298	+	281 (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
293	299		282Section 79-3-403.
294	300		283 (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
295	301		284Park, and Green River State Park, as provided under Section 79-4-403.
296	302		285 (77) Funds donated as described in Section 41-1a-422 for the State Park Fees
297	303		286Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
298	304		287sky initiative.
299	305		288 (78) Certain funds received by the Division of State Parks from the sale or disposal of
300	306		289buffalo, as provided under Section 79-4-1001.
301	307		290 (79) The Commerce Electronic Payment Fee Restricted Account created in Section
302	308		29113-1-17.
303	309		292 Section 4. Appropriation.
304	310		293 The following sums of money are appropriated for the fiscal year beginning July 1,
305	311		2942023, and ending June 30, 2024. These are additions to amounts previously appropriated for
306	312		295fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
307	313		296Act, the Legislature appropriates the following sums of money from the funds or accounts
308	314		297indicated for the use and support of the government of the state of Utah.
309	315		298ITEM 1
310	316		299 To the Department of Commerce -- Commerce General Regulation
311	317		300 From the Commerce Service Account ($800,000)
312	318		301 From the Commerce Electronic Payment Fee Restricted Account $800,000