§ 13-1-2 — Creation and functions of department -- Divisions created -- Fees -- Commerce Service Account.

(1) (1)(a) There is created the Department of Commerce.
(1)(b) The department shall:
(1)(b)(i) execute and administer state laws regulating business activities and occupations affecting the public interest; and
(1)(b)(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:

(1)(b)(ii)(A) under this title;
(1)(b)(ii)(B) by the department; or
(1)(b)(ii)(C) by an agency or division within the department.
(2) Within the department the following divisions are created:

(2)(a) the Division of Professional Licensing;
(2)(b) the Division of Real Estate;
(2)(c) the Division of Securities;
(2)(d) the Division of Public Utilities;
(2)(e) the Division of Consumer Protection; and
(2)(f) the Division of Corporations and Commercial Code.
(3) (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.
(3)(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.
(3)(c) (3)(c)(i) There is created a restricted account within the General Fund known as the "Commerce Service Account."
(3)(c)(ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by each division and by the department.
(3)(c)(iii) The undesignated account balance may not exceed $1,000,000 at the end of each fiscal year.
(3)(c)(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.
(3)(d) The department may not charge or collect a fee or expend money from the restricted account without approval by the Legislature.
(4) (4)(a) As used in this Subsection (4):
(4)(a)(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.
(4)(a)(ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in Subsection (4)(c).
(4)(a)(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.
(4)(a)(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.
(4)(a)(v) "Single sign-on business portal" means the same as that term is defined in Section 63A-16-802.
(4)(b) (4)(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.
(4)(b)(ii) The department shall deposit all single sign-on fee revenue into the fund.
(4)(c) (4)(c)(i) There is created the Single Sign-On Expendable Special Revenue Fund.
(4)(c)(ii) The fund consists of:

(4)(c)(ii)(A) money that the department collects from the single sign-on fee; and
(4)(c)(ii)(B) money that the Legislature appropriates to the fund.
(4)(d) The department shall use the money in the fund to pay for costs:
(4)(d)(i) to design, create, operate, and maintain the single sign-on business portal; and
(4)(d)(ii) incurred by:

(4)(d)(ii)(A) the Department of Technology Services, created in Section 63A-16-103; or
(4)(d)(ii)(B) a third-party vendor working under a contract with the Department of Technology Services.
(4)(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) (5)(a) As used in this Subsection (5):
(5)(a)(i) "Costs of electronic payments" means:

(5)(a)(i)(A) any charge, discount fee, or processing fee that a credit card company or processing agent charges to process an electronic payment; or
(5)(a)(i)(B) the costs associated with the purchase of equipment necessary for processing electronic payments.
(5)(a)(ii) "Electronic payment" means any form of payment processed through electronic means, including a credit card, debit card, or automatic clearinghouse transaction.
(5)(a)(iii) "Electronic payment fee" means the fee the department adopts in accordance with this Subsection (5) to defray the costs of electronic payments.
(5)(b) As part of the schedule of fees described in Subsection (3)(a), the department shall establish an electronic payment fee.
(5)(c) The department:
(5)(c)(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
(5)(c)(ii) shall deposit into the Commerce Electronic Payment Fee Restricted Account created in Section 13-1-17 each electronic payment fee the department collects.
(5)(d) The electronic payment fee described in this Subsection (5) is not subject to Subsection 63J-1-105(3) or (4).
(5)(e) (5)(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.
(5)(e)(ii) The department is not required to separately identify an electronic payment charged to a person described in Subsection (5)(c)(i).

Legislative History

Amended by Chapter 26, 2023 General Session