No. 31366 (New Rule): R131-14. Parking on Capitol Hill

DAR File No.: 31366
Filed: 05/01/2008, 06:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is necessary to carry out the duties required by Section 63C-9-301 regarding the State Capitol Hill facilities and grounds.

Summary of the rule or change:

Section 63C-9-301 provides for and authorizes the State Capitol Preservation Board (CPB) to adopt rules governing, administering, and regulating the State Capitol Hill facilities and grounds. This rule was written to define and implement the State Capitol Preservation Board's policy regarding parking at the Utah State Capitol Hill Complex and meet the statutory requirements as set forth in H.B. 317 (2007) Capitol Hill Complex -- Legislative Space or any subsequent applicable law. (DAR NOTE: H.B. 317 (2007) is found at Chapter 317, Laws of Utah 2007, and was effective 04/30/2007.)

State statutory or constitutional authorization for this rule:

Title 63C, Chapter 9

Anticipated cost or savings to:

the state budget:

The initial assignment of parking stalls requires staff time but falls within the normal duties of the office. Beyond the initial assignment, further time will only be required as turnover occurs in affected agencies requiring new stall assignments. This will also require staff time but will also fall within the normal duties of the office. Enforcement of the parking assignments may require time but will also fall under normal duties. No fees are assessed by the board to executive or judicial agency employees who park on Capitol Hill.

local governments:

This rule pertains only to the assignment of parking spaces for state employees and should not affect local governments. If a local government representative visits Capitol Hill and parks inappropriately, there may be a cost if this person is issued a ticket. The CPB cannot reasonably foresee how may parking violations may occur.

small businesses and persons other than businesses:

This rule pertains only to the assignment of parking spaces for state employees and should not affect small businesses or other persons. If a small business representative or other person visits Capitol Hill and parks inappropriately, there may be a cost if this person is issued a ticket. The CPB cannot reasonably foresee how may parking violations may occur.

Compliance costs for affected persons:

The only compliance cost would result from inappropriate parking and the associated fine. The CPB cannot reasonably foresee how may parking violations may occur.

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 at the above address, by phone at 801-538-3074, by FAX at 801-538-3221, 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:

06/16/2008

This rule may become effective on:

06/23/2008

Authorized by:

David H. Hart, AIA, Executive Director

RULE TEXT

R131. Capitol Preservation Board (State), Administration.

R131-14. Parking on Capitol Hill.

R131-14-1. Purpose and Authority.

(1) The purpose of this rule is to define and implement the State Capitol Preservation Board's policy regarding parking at the Utah State Capitol Hill Complex.

(2) This rule is promulgated pursuant to Section 63C-9-301.

 

R131-14-2. Parking Assignments.

(1) Parking assignments on Capitol Hill are the responsibility of the Board's executive director or designee.

(2) The identification and assignment of reserved parking stalls shall follow the following process:

(a) Shall meet the statutory requirements as set forth in H.B. 317 (2007) Capitol Hill Complex - Legislative Space or any subsequent applicable law. Any delegation by the Legislative Management Committee as called for in H.B. 317 (2007) or any subsequent statute shall be included in the parking assignments.

(b) All remaining parking shall be distributed between all other elected officials, their staff and departments with preference going to the elected officials and their staff.

 

R131-14-3. Disabled Parking Assignments.

(1) The Board maintains accessible parking stalls as specified by the American with Disabilities Act (ADA) and the ADA Accessibility Guidelines (ADAAG). These parking stalls are divided between non-reserved and reserved parking in agreement with the Utah State Building Official. All provisions of this rule shall be interpreted to be consistent with the ADA and applicable federal law, and in case of conflict, the provisions of the ADA and applicable federal law shall supersede the provisions of this rule.

(2) The assignments of the reserved ADA stalls are as follows:

(a) Due to limitations, the first priority in the assignment of reserved accessible parking stalls are assigned to individuals having a permanent ADA placard which has been issued by the Utah Department of Motor Vehicles. These assignments shall be on a request basis and shall be assigned the appropriate assigned parking space as such assigned spaces become available. Prior to the availability of an assigned parking space, the individual with the permanent ADA placard may park in a non-assigned ADA parking stall located on the Capitol Hill grounds.

(b) Those individuals with temporary ADA placards will be assigned an appropriate reserved accessible parking space as such assigned spaces become available, for the length of their disability as determined by their doctor. Prior to the availability of an assigned parking space, the individual with the temporary ADA placard may park in a non-assigned ADA parking stall located on the Capitol Hill grounds.

(c) Those individuals who received parking placards and do not receive a reserved accessible parking stall are welcome to park in available non-assigned accessible parking stalls located on the Capitol Hill grounds.

(d) Unassigned, reserved accessible stalls in the underground parking plaza may be assigned to non-disabled elected officials or employees. However, when a request for an accessible stall is made by an elected official or employee with an accessible parking placard, any available accessible parking stall shall be relinquished to the elected official or employee with an accessible parking placard in accordance with the above-described priorities.

(e) In the event an accessible stall is not available, employees with disabilities may request individualized accommodations through the ADA coordinator within the Utah Division of Risk Management who will conduct a confidential individualized assessment with the employee and/or elected official and work with the Board to implement reasonable accommodations where appropriate.

 

R131-14-4. Assignment Process and Procedures.

(1) The executive director will oversee and approve the number of parking stalls assigned to Legislative, Executive and Judicial Branches of government. The executive director may designate areas of parking by departments, divisions or agencies. The executive director shall assign stall numbers, issue parking tags, personal data sheets and written agreements for each assigned individual to fill out and return to the executive director. The executive director may require those assigned a parking stall to execute a legal agreement protecting the state of Utah and the Board, in accordance with a form reviewed by the Utah Attorney General's Office and the Utah Division of Risk Management. The identification of persons with particular stalls shall be kept confidential by the Board, the Department of Public Safety and any other state officials that receive such information in the course of state business, as the release of such information creates security and property risks.

(2) Upon the completion and signature of the personal data sheet and the written agreement, the stall will be assigned and parking privileges will be added to the employee or official's access card. Those with disabilities assigned to an ADA stall will need to provide a copy of the placard to the executive director.

(3) Because of a limited number of parking stalls on the Capitol Hill Complex, it is necessary to transition parking for Legislative Sessions and Interim Legislative Sessions. Notices to employees may be sent out from the Board as a courtesy. However, it is the responsibility of the individual to know which days they may and may not have a reserved parking stall as identified in their signed agreement.

(4) Any individual that intentionally violates their signed parking agreement may lose the privilege to park in the space identified in the parking agreement, as well as have any entrance card or device deactivated, as determined by the executive director. Any determination by the executive director may be appealed to the chair of the Board Operations and Budget Development Subcommittee. However, such determination by the chair shall be final. The designation of a parking space in the Capitol Hill Complex is a privilege and not a right.

(5) Any violation of this rule may also be prosecuted under Section 63C-901(3).

 

KEY: parking, ADA parking

Date of Enactment or Last Substantive Amendment: 2008

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