No. 30509 (Amendment): R622-2. Use of the Great Seal of the State of Utah.

DAR File No.: 30509
Filed: 10/01/2007, 05:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Capitol Preservation Board wishes to sell memorabilia featuring the state seal through its Capitol building gift shop. This is not permitted under the current rule. Also, the section on permitted uses is confusing as to when the application is required and when it is not.

Summary of the rule or change:

This rule change makes use of the state seal on memorabilia sold by the Capitol Preservation Board through its Capitol building gift shop a permitted use of the State Seal. It also categorizes permitted uses of the state seal to clarify when documentation does or does not need to be filed.

State statutory or constitutional authorization for this rule:

Sections 67-1a-7, 67-1a-8, and 76-6-501, and Subsections 67-1a-2(1)(d), (e), and (f)

Anticipated cost or savings to:

the state budget:

None--The changes to this rule create neither costs nor savings for the Lieutenant Governor's Office or state agencies as it does not change workload, staff deployment, revenues, or expenditures.

local governments:

None--The changes to this rule do not apply to local government as local government will not be utilizing the state seal or selling products with the state seal on them.

small businesses and persons other than businesses:

None--The changes to this rule do not apply to small businesses and/or persons other than businesses as they will not be utilizing the state seal or selling products with the state seal on them.

Compliance costs for affected persons:

Compliance costs do not change as the changes to this rule do not modify the collection process for application fees.

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

The amendment of this rule shall have no fiscal impact on businesses. Gary R. Herbert, Lt. Governor

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

Lieutenant Governor
Administration
Room 210 STATE CAPITOL
350 N STATE ST
SALT LAKE CITY UT 84114-1103

Direct questions regarding this rule to:

Hunter Finch at the above address, by phone at 801-538-1553, by FAX at 801-538-1547, or by Internet E-mail at [e-mail]

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:

11/14/2007

This rule may become effective on:

11/21/2007

Authorized by:

Joseph Demma, Chief of Staff

RULE TEXT

R622. Lieutenant Governor, Administration.

R622-2. Use of the Great Seal of the State of Utah.

R622-2-3. Custody and Use.

Pursuant to Section 67-1a-2[(4)](1)(d), (e), (f) of the Utah Code; the lieutenant governor shall ". . . keep custody of the Great Seal of the state of Utah; to keep a register of, and attest, the official acts of the governor; and to affix the Great Seal, with an attestation, to all official documents and instruments to which the official signature of the governor is required."

 

R622-2-4. General Permitted Uses of the Seal.

(A) The seal shall be permitted for use without the written authorization of the Lieutenant Governor, in the following circumstances:

(1) printings of replicas of the seal on official state letterhead, business cards, and stationery for agencies, entities, or officers of the state[;], and

[ (2) application or display of replicas of the seal by state agencies and state political sub-divisions which delineate official state purposes, and by state elected officials in connection with their official state business. Officials of state entities/agencies shall describe and submit a list of intended uses with the lieutenant governor's office to assure uniformity and continuity of use;

] [(3)](2) exhibition of permitted reproductions of the seal on state flags[, and].

(B) The seal shall be permitted for use in the following circumstances upon describing and submitting a list of intended uses with the lieutenant governor's office to assure uniformity and continuity of use:

(1) application or display of replicas of the seal by state agencies and state political sub-divisions which delineate official state purposes, and by state elected officials in connection with their official state business;

[(4)](2) for educational and academic uses by schools, colleges and universities to convey information about official state functions[. Such uses shall not attempt to endorse, authenticate, recognize or promote persons or roles, or be part of administrative or promotional functions. Each such use shall also be itemized, described and submitted to the lieutenant governor's office.];

(3) for use on a product or article offered to the public, for profit or without charge, through the Utah State Capitol gift shop.

(4) Such uses shall not attempt to endorse, authenticate, recognize or promote persons or roles, or be part of administrative or promotional functions.

 

R622-2-5. Prohibited Usage.

(A) The seal, or replica, shall not be committed for general use, including:

(1) for personal financial gain;

(2) for, or in connection with, any advertising or promotion of any product, business, organization, service, or article whether offered for sale, for profit or without charge, except as provided in R622-2-4(B)(3);

(3) in a political campaign, or in ways that may legitimize or assist to defeat another candidate for elective office; or

(4) to function as, or be construed to function in any way as an endorsement of any business, organization, product, service or article.

(B) No symbol shall be used that imitates or appears similar to the seal in a way that intends to deceive, or is displayed in a manner that conveys improper use of the official Great Seal itself.

(C) When the seal is used, no mark, insignia, letter, word, figure, design, picture, or drawing of any nature may be placed upon the seal, or any part of it.

(D) A state agency, or an elected official, other than the lieutenant governor, shall not have authority to permit an individual or entity associated with a state agency or state elected official, to use the seal or replica for a commercial purpose whereby items will be distributed for sale, even though such purpose may include the providing of goods or services to the state.

(E) The seal shall not be displayed in a manner which lessens or detracts from its dignity or impact.

 

R622-2-6. Application For Use.

(A) Persons or entities seeking permission to use the seal or replica, excepting uses outlined in R622-2-4, will complete and file a legible application with the Lt. Governor, on a form provided by that office, which shall include:

(1) a specific description of the intended usage involving the Great Seal of the State of Utah, or replica of the seal,

(2) the payment of an administrative filing fee in the amount of $ 5.00, (non-refundable) and

(3) a precise description and specification of the actual product or item to bear the seal, or replica, in the form of an architectural drawing, engineering draft-to-scale, brochure, or lucid photograph or computer-graphic. The application, and supporting documents shall become the property of the lieutenant governor's office.

(B) Upon approval of a complete application, the applicant shall be issued a certificate bearing an identification number, by the lieutenant governor, which shall be kept by the applicant on file for four years following use of the seal. State agencies and entities which use the state seal or replica for official state functions have no application or fee requirement.

(C) An application may be denied for (1) failure to comply with relevant statutes or this rule, (2) failure to include the required fee, or (3) if the intended use is found to be detrimental to the image of the state and not in its best interest.

 

KEY: great seal, lt. governor, state flag

Date of Enactment or Last Substantive Amendment: [June 22, 1999]2007

Notice of Continuation: June 9, 2004

Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-8; 67-1a-2[(4)](1)(d), (e), (f); 76-6-501