No. 28934: R131-10. Solicitations

DAR File No.: 28934
Filed: 10/16/2006, 03:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this change is to clarify the Board's policy regarding commercial solicitation activities at the Capitol Hill Complex.

Summary of the rule or change:

This changes the rule from "solicitations" to "commercial solicitations" and clarifies what commercial solicitations are and that free speech solicitation is allowed. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the September 1, 2006, issue of the Utah State Bulletin, on page 10. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 63C-9-301

Anticipated cost or savings to:

the state budget:

There is no difference in cost or savings between the original proposed rule and the change in the proposed rule. Therefore, there are no anticipated costs or savings to the state budget.

local governments:

There is no difference in cost or savings between the original proposed rule and the change in the proposed rule. Therefore, there are no anticipated costs or savings to local government.

other persons:

There is no difference in cost or savings between the original proposed rule and the change in the proposed rule. Therefore, there are no anticipated costs or savings to other persons.

Compliance costs for affected persons:

There is no difference in cost or savings between the original proposed rule and the change in the proposed rule.

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

The action of the Capitol Preservation Board does not affect businesses. David Hart, AIA, Executive Director

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

Capitol Preservation Board (State)
Administration
Room E110 EAST BUILDING
420 N STATE ST
SALT LAKE CITY UT 84114-2110

Direct questions regarding this rule to:

Sarah Whitney or David H. Hart at the above address, by phone at 801-538-3074 or 801-538-3074, by FAX at 801-538-3221 or 801-538-3221, or by Internet E-mail at [e-mail] or [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:

12/01/2006

This rule may become effective on:

12/08/2006

Authorized by:

David H. Hart, AIA, Executive Director

RULE TEXT

R131. Capitol Preservation Board (State), Administration.

R131-10. Commercial Solicitations.

R131-10-1. Purpose and Authority; Free Speech Solicitation Allowed.

(1) The purpose of this rule is to define and implement Board policy regarding commercial solicitation activities at the Utah State Capitol Hill Complex.[ In general, commercial solicitation is not allowed; except as defined by this rule and as may be permitted by the management of the Capitol Hill Complex for functions that maintain public purposes, or that comport with interests of the state.]

(2) In general, commercial solicitation is prohibited.

(3) Nothing in this rule shall be interpreted as to infringe upon anyone's constitutional right of freedom of expression and freedom of association in the Utah State Capitol Hill Complex.

(4) This rule is promulgated pursuant to Section 63C-9-301, Utah Code.

[

R131-10-2. Authority.

(1) This rule is promulgated pursuant to Section 63C-9-301, Utah Code, which directs the Board, except as provided in Subsection 63C-9-301(2), to exercise complete jurisdiction over the Capitol Hill Complex.]

 

R131-10-[3]2. Definitions.

(1) The definitions of rule R131-2-3 shall apply.

[(2) The following definitions shall also apply:

(a) "Capitol Hill Complex Facility Use" means as defined in rule R131-2 et seq.

(b)](2) "Commercial Solicitation(s)" means any commercial activity conducted for the purpose of advertising, promoting, fund-raising, buying or selling any product or service, encouraging membership in any group, association or organization, or the marketing of commercial activities by distributing handbills, leaflets, circulars, advertising or dispersing printed materials for commercial purposes.

(a) "Commercial Solicitation" for the purpose of this rule does not include free speech activities as defined in rule R131-11, Utah Administrative Code.

(b) "Commercial Solicitation" for the purpose of this rule does not include filming or photographic activities, but such activities shall be subject to rule R131-2 et seq.

(c) "Commercial Solicitation" for the purpose of this rule does not include solicitation by the state or federal government; solicitation related to the business of the state, solicitation related to the procurement responsibilities of the state, solicitation allowed as a matter of right under applicable federal or state law; or solicitation made pursuant to a contract or lease with the state.

 

[R131-10-4. Solicitation Permit Not Required.

(1) The following forms of solicitation are allowed on the Capitol Hill Complex in accordance with the requirements of rule R131-2, Utah Administrative Code. Solicitors described in R131-10-4 do not need to obtain a Facility Use Permit, but when posting notices, they shall only use bulletin boards which are approved by the Executive Director:

(a) Notices of on-Capitol Hill Complex meetings, information or announcements related to state or other governmental business. Notices shall be posted at locations within the buildings on the Capitol Hill Complex which have been approved by the Executive Director. If any posting is to be done by a person not officed in the Capitol Hill Complex, the Executive Director shall be notified prior to the posting for approval of the location(s) and duration of the posting. Such persons are also responsible to remove the notices after the related meeting or activity within 24-48 hours.

(b) Posting of handbills, leaflets, circulars, advertising or other printed materials by state employees officed in the Capitol Hill Complex on designated bulletin boards approved by the Executive Director.

(c) Persons authorized to conduct governmental activities of the state including those soliciting pursuant to a contract with the state.

(d) Notices of activities conducted by elected officials of the state, the judiciary, the Governor's Office, the State Auditor's Office, the State Treasurer's Office, and the Attorney General's Office.

(e) Activities of lobbyists who are registered under state law.

(f) Information responding to a solicitation that has been requested by the state or if customarily associated with the conduct of official state business.

(g) Solicitation activities conducted in conjunction with on-Capitol Hill Complex state employees or on-Capitol Hill Complex agency fund-raising events as allowed under applicable law and personnel policies.

(h) Solicitations which are allowed on the Capitol Hill Complex as a matter of right under applicable constitutional provisions or applicable law.

 

R131-10-5. Solicitations Requiring Permit.

(1) The following solicitations may be permitted on the Capitol Hill Complex in accordance with the requirements of R131-2. Persons conducting these activities are required to obtain a Facility Use Permit under rule R131-2, and such permit shall be obtained in advance of the solicitation activity:

(a) Solicitation activities in conjunction with an activity that requires a Facility Use Permit under rule R131-2.

(b) Solicitation activities conducted by an entity which has previously obtained a Section 501(c)(3) Internal Revenue Code tax-exempt designation.]

 

R131-10-3. Commercial Solicitation Allowed under a Facility Use Permit.

(1) Commercial solicitation, not prohibited by R131-10-4, may be allowed in conjunction with the issuance of a facility use permit under rule R131-2 and such commercial solicitation must comply with the facility use rules of R131-2 et seq.

(2) All materials allowed shall be displayed only on bulletin boards or in areas that have been approved in advance by the executive director.

(3) The issuance of a facility use permit shall not be construed as state endorsement of the solicitor's product, service, charity or event.

(4) Soliciting activities are subject to all littering laws and regulations.

 

R131-10-[6]4. Prohibited Commercial Solicitation.

(1) The following commercial solicitation activities are prohibited on the Capitol Hill Complex and no facility use permit shall be issued for such:

(a) Door-to-door commercial solicitation[s] of items, services or donations.[ unless any of such is related to the conduct of state business.]

[(b) Solicitations involving the exchange of currency on the Capitol Hill Complex except as allowed regarding state business, or pursuant to a contract or other written agreement.

(c)](b) Commercial solicitation[Solicitation] to persons in vehicles or by leaving any commercial solicitation materials on vehicles or parking lots.

[(d)](c) Any sale of food or beverage products except by an entity under contract with the Board. Any sale of other products may only occur as allowed under a contract with the Board or as an integral part of Board/governmental business on the Capitol Hill Complex.

 

[R131-10-7. General Requirements.

(1) All materials allowed shall be displayed only on bulletin boards or in areas that have been approved in advance by the Executive Director.

(2) With the exception of bulletin boards used in accordance with (1) above, no state owned materials, supplies, services or equipment may be used in conjunction with a solicitation activity, except for a state function, or joint state and private entity function authorized by an agency of the state and involving state related business or state sponsored purposes. This provision may be waived by the Executive Director when it is in the interest of the state and complies with applicable law.

(3) Handouts, flyers, leaflets or other such solicitation materials that are not related to state business may not be distributed during a solicitation activity except at the request of the recipient.

(4) There shall be no solicitation activity that involves an exchange of cash during an event or activity in the Capitol Hill Complex, unless it is related to state business or is authorized by the Executive Director.

(5) Unless expressly stated otherwise in writing by a state elected official or director of a state agency:

(a) The state does not guarantee the accuracy of any representation or warrant that any statement made by the solicitation permit-holder is truthful;

(b) The state makes no representation as to the worthiness, legal standing or validity of any organization on whose behalf a solicitation is made; and

(c) The issuance of a Facility Use Permit shall not be construed as state endorsement of the solicitor's product, service, charity or event.

(6) Unless the person responsible for the solicitation has an express written state endorsement of their solicitation, the person shall not state or act in any manner that would cause a reasonable person to believe that the solicitation is endorsed by the state. If a reasonable person could logically conclude that such appearance is created, the solicitation must include a disclaimer that the solicitation is not endorsed by the state.

(7) Unless the person responsible for the solicitation has an express written state endorsement of their solicitation, any advertisements that use pictures of, or depictions of any part of the Capitol Hill Complex that may lead people to reasonably believe that the state endorses the solicitation, must include a disclaimer that the state does not endorse the solicitation.

(8) Soliciting activities are subject to all littering laws and regulations.

(9) Separate soliciting activities undertaken by those under contract with the state or pursuant to a Facility Use Permit, including entities such as gift shops, food services, and special event photographers, shall be conducted in accordance with the specific contract or Facility Use Permit.]

 

KEY: commercial solicitations, leafleting, posting notices

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 63C-9-301