DAR File No. 28827

Natural Resources, Parks and Recreation

R651-601-12

Commercial Activity

NOTICE OF PROPOSED RULE

DAR File No.: 28827
Filed: 06/20/2006, 12:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this amendment is to clarify the overall intent of the original rule that delivery services of rental equipment are considered commercial activity.

Summary of the rule or change:

This amendment will affect all parks where formal concession contracts have been granted. It is to protect the investment and commitment of the concession contractors. There is currently a negative impact on our contract concessions that will be corrected with this rule change. Businesses who have not contracted with the Division (STATE) will have to work with the concessionaire in order to continue doing business on the state parks.

State statutory or constitutional authorization for this rule:

Sections 41-22-10, 63-11-3, and 63-11-17

Anticipated cost or savings to:

the state budget:

This change does not affect the State budget with any aggregate anticipated cost or savings. It is a change in rule to protect the investment and commitment of all concession contractors for state parks.

local governments:

No impact to local government as it is a change in an existing state rule.

other persons:

Persons who want to do business on a state park regarding delivery services of rental equipment are considered to be doing a commercial activity and must therefore work with a concession contractor, who holds a valid contract with the State, for that park, in order to deliver their rental equipment.

Compliance costs for affected persons:

Failure to comply is a Class B misdemeanor, in accordance with Section 76-201-2.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department has reviewed this rule and finds there will be no impact on businesses. Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2006

This rule may become effective on:

08/22/2006

Authorized by:

Steve Roberts, Deputy Director (Legislation)

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-601. Definitions as Used in These Rules.

R651-601-12. Commercial Activity.

"Commercial Activity" means any activity, private or otherwise, that is for the purpose of commercial gain, or that is part of any scheme or plan established for the purpose of obtaining commercial gain. This includes, but is not limited to:

(1) sales of goods or merchandise.

(2) rentals of equipment.

(3) collection of entrance or admission fees.

(4) collection of storage or use fees.

(5) sales of services.

(6) delivery service of rental equipment to the park area by a rental agency as part of a customer rental agreement.

KEY: parks, off-highway vehicles

Date of Enactment or Last Substantive Amendment: [July 19, 2004]August 22, 2006

Notice of Continuation: October 23, 2003

Authorizing, and Implemented or Interpreted Law: 41-22-10; 63-11-3; 63-11-17

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.