Department of Commerce Amendments

5
13-1-2
13-1a-6
13-1-2
13-1a-6
0
Department of Commerce Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: R. Neil Walter
LONG TITLE
General Description:
This bill amends provisions relating to the Department of Commerce.
Highlighted Provisions:
This bill:
creates the Department of Commerce Technology, Education, and Training Fund (fund);
provides that the Department of Commerce (department) may maintain any portion of the
fund in an interest bearing account;
requires that the department deposit all interest earned on the fund into the fund;
provides the sources of the funds that will comprise the fund;
provides the permitted uses of the fund;
requires the Division of Corporations and Commercial Code (division) sell or license bulk
or subscription copies of records filed with the division;
authorizes the division to charge a fee for a subscription or bulk data sale; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-1-2
, as last amended by Laws of Utah 2023, Chapter 26
13-1a-6
, as last amended by Laws of Utah 2010, Chapter 378
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
provides
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
that
each division and
by
the department
collect
.
(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.
(iii)
(A)
The department may maintain any portion of the fund in an interest
bearing account.
(B)
The department shall deposit all interest earned on the fund into 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)
, "fund" means the Department of Commerce
Technology, Education, and Training Fund created in Subsection
(5)(b)
.
(b)
There is created an expendable special revenue fund known as the Department of
Commerce Technology, Education, and Training Fund.
(c)
(i)
The department may maintain any portion of the fund in an interest bearing
account.
(ii)
The department shall deposit all interest earned on the fund into the fund.
(d)
The fund consists of:
(i)
fees the Division of Corporations and Commercial Code collects under
Subsections
13-1a-6(4)
and
70A-9a-523(6)
; and
(ii)
fees the Division of Professional Licensing collects for making lists of licensees
public under Subsection
58-1-106(1)(k)
.
(e)
The department shall use the money in the fund to:
(i)
pay each cost the department incurs in providing a subscription service and data to
a requester;
(ii)
provide public education that covers professional licensing, business entities,
commercial code filings, and trademarks;
(iii)
publish brochures, laws, policy statements, or other material relevant to the
department's work;
(iv)
purchase equipment for employees of the Division of Corporation and
Commercial Code;
(v)
train employees of the Division of Corporation and Commercial Code;
(vi)
employ temporary staff; and
(vii)
fund purchases of technology and technology maintenance used in business
registrations, licensing, and commercial filings.
(5)
(6)
(a)
As used in this Subsection
(5)
(6)
:
(i)
"Costs of electronic payments" means:
(A)
any
a
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
a
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)
(6)
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
a
person who applies for or
renews a license or registration
issued by
that
the department or a division of the
department
issues
; 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)
(6)
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)
(6)(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)
(6)(c)(i)
.
Section 2. Section
13-1a-6
is amended to read:
13-1a-6
. Powers of Division of Corporations and Commercial Code -- Document
retention.
(1)
The Division of Corporations and Commercial Code shall have the power and authority
reasonably necessary to enable
it
the division
to efficiently administer the laws and
rules for which
it
the division
is responsible and to perform the duties imposed upon
it
the division
by law.
(2)
The division has authority under
Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
, to make rules and procedures for the processing, retention, and disposal of filed
documents to efficiently utilize electronic and computerized document image storage
and retrieval.
(3)
Notwithstanding the provisions of Section
63A-12-105
, original documents filed in the
division offices may not be considered property of the state if
the division retains
electronic image reproductions
thereof which
of the original documents that
comply
with the provisions of
Title 63G, Chapter 2, Government Records Access and
Management Act
, are retained by the division
.
(4)
(a)
The division shall offer to sell or license to the public on a nonexclusive basis, in
bulk or through subscription, copies of each filed record in every medium available
to the filing office.
(b)
The division may charge a fee for subscription data services and bulk data sales in
accordance with Section
63J-1-504
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-11-26 12:07 PM