Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 12 First Substitute (2023GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows the Department of Commerce (department) to collect a fee to defray the costs of electronic payments;
• creates the Commerce Electronic Payment Fee Restricted Account (restricted account);
• requires the department to deposit electronic payment fees into the restricted account; and
• provides that appropriations from the restricted account are nonlapsing.

Every vote on this bill

Bill text

DEPARTMENT OF COMMERCE ELECTRONIC PAYMENT
FEES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to revenue collected by the Department of
Commerce.
Highlighted Provisions:
This bill:
▸ allows the Department of Commerce (department) to collect a fee to defray the costs
of electronic payments;
▸ creates the Commerce Electronic Payment Fee Restricted Account (restricted
account);
▸ requires the department to deposit electronic payment fees into the restricted
account; and
▸ provides that appropriations from the restricted account are nonlapsing.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to the Department of Commerce as an ongoing appropriation:
• from the Commerce Service Account, ($800,000).
• from the Commerce Electronic Payment Fee Restricted Account, $800,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-1-2
, as last amended by Laws of Utah 2022, Chapter 415
63J-1-602.1
, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
and 451
ENACTS:
13-1-17
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-1-2
 is amended to read:
13-1-2.
Creation and functions of department -- Divisions created -- Fees --
Commerce Service Account.
(1) (a) There is created the Department of Commerce.
(b) The department shall:
(i) execute and administer state laws regulating business activities and occupations
affecting the public interest; and
(ii) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(A) under this title;
(B) by the department; or
(C) by an agency or division within the department.
(2) Within the department the following divisions are created:
(a) the Division of Professional Licensing;
(b) the Division of Real Estate;
(c) the Division of Securities;
(d) the Division of Public Utilities;
(e) the Division of Consumer Protection; and
(f) the Division of Corporations and Commercial Code.
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
fees assessed for services provided by the department by following the procedures and
requirements of Section 
63J-1-504
.
(b) The department shall submit each fee established in this manner to the Legislature
for the Legislature's approval as part of the department's annual appropriations request.
(c) (i) There is created a restricted account within the General Fund known as the
"Commerce Service Account."
(ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by
each division and by the department.
(iii) The undesignated account balance may not exceed $1,000,000 at the end of each
fiscal year.
(iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
into the General Fund any undesignated funds in the account that exceed the amount necessary
to maintain the undesignated account balance at $1,000,000.
(d) The department may not charge or collect a fee or expend money from the
restricted account without approval by the Legislature.
(4) (a) As used in this Subsection (4):
(i) "Business entity" means a sole proprietorship, partnership, limited partnership,
limited liability company, corporation, or other entity or association used to carry on a business
for profit.
(ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in
Subsection (4)(c).
(iii) "Renewal fee" means a fee that the Division of Corporations and Commercial
Code, established in Section 
13-1a-1
, is authorized or required to charge a business entity in
connection with the business entity's periodic renewal of the business entity's status with the
Division of Corporations and Commercial Code.
(iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the
establishment and maintenance of the single sign-on business portal.
(v) "Single sign-on business portal" means the same as that term is defined in Section
63A-16-802
.
(b) (i) The schedule of fees adopted by the department under Subsection (3) shall
include a single sign-on fee, not to exceed $5, as part of a renewal fee.
(ii) The department shall deposit all single sign-on fee revenue into the fund.
(c) (i) There is created the Single Sign-On Expendable Special Revenue Fund.
(ii) The fund consists of:
(A) money that the department collects from the single sign-on fee; and
(B) money that the Legislature appropriates to the fund.
(d) The department shall use the money in the fund to pay for costs:
(i) to design, create, operate, and maintain the single sign-on business portal; and
(ii) incurred by:
(A) the Department of Technology Services, created in Section 
63A-16-103
; or
(B) a third-party vendor working under a contract with the Department of Technology
Services.
(e) The department shall report on fund revenues and expenditures to the Public
Utilities, Energy, and Technology Interim Committee of the Legislature annually and at any
other time requested by the committee.
(5) (a) As used in this Subsection (5):
(i) "Costs of electronic payments" means:
(A) any charge, discount fee, or processing fee that a credit card company or processing
agent charges to process an electronic payment; or
(B) the costs associated with the purchase of equipment necessary for processing
electronic payments.
(ii) "Electronic payment" means any form of payment processed through electronic
means, including a credit card, debit card, or automatic clearinghouse transaction.
(iii) "Electronic payment fee" means the fee the department adopts in accordance with
this Subsection (5) to defray the costs of electronic payments.
(b) As part of the schedule of fees described in Subsection (3)(a), the department shall
establish an electronic payment fee.
(c) The department:
(i) may collect an electronic payment fee from each person who applies for or renews a
license or registration issued by the department or a division of the department; and
(ii) shall deposit into the Commerce Electronic Payment Fee Restricted Account
created in Section 
13-1-17
 each electronic payment fee the department collects.
(d) The electronic payment fee described in this Subsection (5) is not subject to
Subsection 
63J-1-105
(3) or (4).
(e) (i) If the department imposes an electronic payment fee, the department shall collect
the electronic payment fee from each person described in Subsection (5)(c)(i) regardless of
whether the person makes an electronic payment.
(ii) The department is not required to separately identify an electronic payment charged
to a person described in Subsection (5)(c)(i).
Section 2. Section 
13-1-17
 is enacted to read:
 13-1-17.
Commerce Electronic Payment Fee Restricted Account.
(1) As used in this section:
(a) "Account" means the Commerce Electronic Payment Fee Restricted Account
created in this section.
(b) "Costs of electronic payments" means the same as that term is defined in Section
13-1-2
.
(c) "Department" means the Department of Commerce.
(d) "Electronic payment" means the same as that term is defined in Section 
13-1-2
.
(e) "Electronic payment fee" means the same as that term is defined in Section 
13-1-2
.
(2) There is created in the General Fund a restricted account known as the "Commerce
Electronic Payment Fee Restricted Account."
(3) The account consists of money that the department collects as an electronic
payment fee in accordance with Section 
13-1-2
.
(4) Upon appropriation, the department may use money in the account to cover the
costs of electronic payments.
(5) In accordance with Section 
63J-1-602.1
, appropriations made to the department
from the account are nonlapsing.
Section 3. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Latino Community Support Restricted Account" created in Section 
13-1-16
.
(8) The Clean Air Support Restricted Account created in Section 
19-1-109
.
(9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-2a-106
.
(10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-5-126
.
(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(12) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(13) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
(14) The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
(15) State funds for matching federal funds in the Children's Health Insurance Program
as provided in Section 
26-40-108
.
(16) The Children with Heart Disease Support Restricted Account created in Section
26-58-102
.
(17) The Technology Development Restricted Account created in Section 
31A-3-104
.
(18) The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(19) The Captive Insurance Restricted Account created in Section 
31A-3-304
, except
to the extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(20) The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(21) The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(22) The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(23) The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section 
32B-2-306
.
(24) The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
(25) The School Readiness Restricted Account created in Section 
35A-15-203
.
(26) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(27) The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(28) The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(29) The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
(30) The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to
the Motor Vehicle Division.
(31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section 
41-3-110
 to the State Tax Commission.
(32) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(33) The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section 
53-2a-603
.
(34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
53-2a-1302
.
(35) The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section 
53-3-106
.
(36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(37) The DNA Specimen Restricted Account created in Section 
53-10-407
.
(38) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(39) The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(40) The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(41) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(42) The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
,
subject to Subsection 
54-5-1.5
(4)(d).
(43) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-3a-105
.
(44) Certain fines collected by the Division of Professional Licensing for violation of
unlawful or unprofessional conduct that are used for education and enforcement purposes, as
provided in Section 
58-17b-505
.
(45) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-22-104
.
(46) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-55-106
.
(47) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-56-3.5
.
(48) Certain fines collected by the Division of Professional Licensing for use in
education and enforcement of the Security Personnel Licensing Act, as provided in Section
58-63-103
.
(49) The Relative Value Study Restricted Account created in Section 
59-9-105
.
(50) The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(51) Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(52) Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(53) Certain funds donated to the Department of Health and Human Services, as
provided in Section 
26B-1-202
.
(54) The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
26B-1-302
.
(55) Certain funds donated to the Division of Child and Family Services, as provided
in Section 
80-2-404
.
(56) The Choose Life Adoption Support Restricted Account created in Section
80-2-502
.
(57) Funds collected by the Office of Administrative Rules for publishing, as provided
in Section 
63G-3-402
.
(58) The Immigration Act Restricted Account created in Section 
63G-12-103
.
(59) Money received by the military installation development authority, as provided in
Section 
63H-1-504
.
(60) The Computer Aided Dispatch Restricted Account created in Section 
63H-7a-303
.
(61) The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(62) The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(63) The Utah Capital Investment Restricted Account created in Section 
63N-6-204
.
(64) The Motion Picture Incentive Account created in Section 
63N-8-103
.
(65) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
as provided under Section 
63N-10-301
.
(66) Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
(67) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section 
65A-8-103
.
(68) The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(69) Certain funds received by the Office of the State Engineer for well drilling fines or
bonds, as provided in Section 
73-3-25
.
(70) The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
(71) Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
(72) Fees for certificate of admission created under Section 
78A-9-102
.
(73) Funds collected for adoption document access as provided in Sections 
78B-6-141
,
78B-6-144
, and 
78B-6-144.5
.
(74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
Utah Indigent Defense Commission.
(75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
Section 
79-3-403
.
(76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
Park, and Green River State Park, as provided under Section 
79-4-403
.
(77) Funds donated as described in Section 
41-1a-422
 for the State Park Fees
Restricted Account created in Section 
79-4-402
 for support of the Division of State Parks' dark
sky initiative.
(78) Certain funds received by the Division of State Parks from the sale or disposal of
buffalo, as provided under Section 
79-4-1001
.
(79) The Commerce Electronic Payment Fee Restricted Account created in Section
13-1-17
.
Section 4. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To the Department of Commerce -- Commerce General Regulation
From the Commerce Service Account
($800,000)
 From the Commerce Electronic Payment Fee Restricted Account
$800,000