Agency: Department of Commerce Function The Utah Department of Commerce is the licensing and registration agency for Utah's professional and corporate community. Business registrations, professional licensing, consumer protection and education, oversight of public utilities and monitoring real estate and securities industries are all department responsibilities. Department funding is primarily from the Commerce Service Fund which is made up from fees collected by the Department. By statute, funds collected to the Commerce Service Fund over the amount appropriated to the Department are deposited in the General Fund. The Department also receives revenue from Dedicated Credits, Trust Funds, and Federal Funds. The Department also protects public interest by ensuring fair commercial and professional practices. The mission of the Department of Commerce is: 'To protect the public interest by ensuring fair commercial and professional practices.' The vision of the Department of Commerce is: 'The Department of Commerce contributes to the success of, Utah businesses, professionals, and consumers by creating favorable economic environment.' Statutory Authority The overall governance of the Department of Commerce can be found in UCA 13-1-1 which states that 'The Legislature finds that many businesses and occupations in the state have a pronounced physical and economic impact on the health, safety, and welfare of the citizens of the state. The Legislature further finds that while the overall impact is generally beneficial to the public, the potential for harm and injury frequently warrants intervention by state government. The Legislature declares that it is appropriate and necessary for state government to protect its citizens from harmful and injurious acts by persons offering or providing essential or necessary goods and services to the general public. The Legislature further declares that business regulation should not be unfairly discriminatory. However, the general public interest must be recognized and regarded as the primary purpose of all regulation by state government.' The following are the specific sections of the Utah Code Annotated that the Department of Commerce governs. - Commerce and Trade sections are found in UCA 13, chapters 1 through 38.
- Collection Agencies are found in UCA-12.
- Corporations are in UCA 16, chapters 4 though 15
- Partnerships are in UCA 48, chapters 1 through 2a.
- Bail Bond Recovery are in UCA 53 (Public Safety), chapter11.
- Public Utilities is in Title 54 chapters 2 though16
- Real Estate Regulations are in UCA 57, chapters 1 through 23.
- Occupations and Professions are in UCA 58, chapters 1 though 76.
- Real Estate and Securities divisions are in UCA 61, chapters 1 through 6.
- Trademarks & Trade Names are in UCA 70, chapter 3a.
- Uniform Commercial Code is in Title 70A, chapters 1 through 11.
Funding Detail The Department of Commerce is funded primarily through the collection and assessment of fees on duties that they are statutorily charged with upholding. | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $0 | $50,000 | $50,000 | $0 | $175,000 | | General Fund, One-time | $0 | $100,000 | $20,000 | $100,000 | $650,000 | | Federal Funds | $199,100 | $249,000 | $240,800 | $214,200 | $246,200 | | Dedicated Credits Revenue | $1,483,700 | $1,557,100 | $1,881,500 | $964,400 | $1,487,500 | | GFR - Commerce Service | $14,783,400 | $15,320,900 | $17,174,500 | $18,495,400 | $18,748,100 | | GFR - CSF - PURF | $4,361,300 | $4,504,400 | $4,624,700 | $4,898,300 | $5,024,700 | | GFR - Factory Built Housing Fees | $0 | $104,700 | $104,700 | $104,700 | $104,700 | | GFR - Geologist Ed. & Enf. | $0 | $10,000 | $10,000 | $10,000 | $10,000 | | GFR - Nurses Ed & Enf Fund | $0 | $10,000 | $10,000 | $10,000 | $10,000 | | GFR - Pawnbroker Operations | $0 | $45,000 | $45,000 | $45,000 | $129,000 | | Transfers | $22,300 | $328,300 | $421,700 | $320,700 | $0 | | Transfers - Within Agency | ($22,300) | ($328,300) | ($421,700) | ($320,700) | $0 | | Pass-through | $0 | $27,200 | $36,400 | $31,700 | $50,000 | | Beginning Nonlapsing | $1,119,700 | $1,555,700 | $2,430,800 | $2,763,800 | $700,000 | | Beginning Fund Balances - CSF | $0 | ($317,800) | $100,000 | $843,900 | $0 | | Closing Nonlapsing | ($1,555,700) | ($2,212,900) | ($3,607,700) | ($3,865,700) | $0 | | Lapsing Balance | ($1,813,900) | ($1,390,700) | ($1,211,300) | ($1,186,300) | $0 | | Total | $18,577,600 | $19,612,600 | $21,909,400 | $23,429,400 | $27,335,200 |
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| | Line Items | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Commerce General Regulation | $17,864,000 | $18,871,100 | $21,539,300 | $22,510,000 | $26,335,200 | | Public Utilities Professional & Technical Services | $97,200 | $59,600 | $53,500 | $362,400 | $200,000 | | Committee of Consumer Services Professional and Technical Services | $616,400 | $681,900 | $316,600 | $557,000 | $800,000 | | Total | $18,577,600 | $19,612,600 | $21,909,400 | $23,429,400 | $27,335,200 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $13,840,500 | $14,777,900 | $15,311,800 | $16,614,200 | $18,615,100 | | In-State Travel | $69,700 | $86,200 | $102,800 | $109,900 | $137,000 | | Out of State Travel | $117,400 | $105,100 | $94,000 | $114,500 | $148,500 | | Current Expense | $3,757,400 | $3,684,800 | $4,537,700 | $4,679,900 | $6,803,500 | | DP Current Expense | $599,600 | $684,000 | $1,721,000 | $1,628,900 | $1,435,600 | | DP Capital Outlay | $53,000 | $55,200 | $0 | $179,500 | $0 | | Capital Outlay | $47,000 | $168,600 | $35,300 | $8,800 | $0 | | Other Charges/Pass Thru | $93,000 | $50,800 | $106,800 | $71,900 | $195,500 | | Transfers | $0 | $0 | $0 | $21,800 | $0 | | Total | $18,577,600 | $19,612,600 | $21,909,400 | $23,429,400 | $27,335,200 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 262.0 | 256.0 | 260.0 | 261.0 | 261.0 | | Vehicles | 34 | 36 | 36 | 36 | 36 |
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Subcommittee Table of Contents |