DAR File No. 44141

Natural Resources, Parks and Recreation

Rule R651-207

Registration Fee

Notice of Proposed Rule

(Amendment)

DAR File No.: 44141
Filed: 10/17/2019 05:03:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

At the conclusion of the 2019 General Session, $405,000 in ongoing funding was appropriated from the Division of Parks and Recreation (Division) Boating Restricted Account to the Division of Wildlife Resources (DWR) to fund Aquatic Invasive Species interdiction efforts. This appropriation created a significant reduction in funding that has been designated for boating law enforcement, education, and access efforts. This rule amendment, that was approved by the Board of Parks and Recreation, allows for a $10 yearly increase in registration fees. The fee was $30 per year and it will raise to $40 per year.

Summary of the rule or change:

The yearly boater registration fee will increase from $30 per year to $40 per year due to the reduction in funding that was appropriated from the Boating Restricted fund to the DWR Aquatic Invasive Species interdiction efforts during the 2019 General Session.

Statutory or constitutional authorization for this rule:

• Subsection 73-18-7(2)(b)

Anticipated cost or savings to:

the state budget:

This will cost the state an estimated $5,000 in time and materials in FY20 to adjust the registration database, and to provide outreach materials. The state will see an increase in income by $325,565 for FY20, and $651,130 for FY21 and FY22. The increase was derived by averaging the amount of registered boats in Utah over the calendar years 2016 to 2018 which is 65,113 boats x $10 increase.

local governments:

This cost increase in registration will not affect local governments. It affects Utah boaters and will cost the state an estimated $5,000 in time and materials to adjust the registration base, but there is no affect to local governments.

small businesses:

This will be an educated estimate on the grounds that the state does not track any data on business vs. private ownership for the registration process of watercraft. To estimate the cost or savings to small businesses, the Division of Parks and Recreation used numbers from a registered livery database. The Division requires businesses that rent watercraft to register with the Division as a livery. This is an estimate due to the Division not tracking the number of employees in this registration process so there can be no delineation between small and non-small businesses. Of those businesses that have registered with the Division as a livery (and rent motorized watercraft) it is determined that 22 of the 50 businesses registered will be affected. The level of this impact will also be estimated as an average because the Division does not track the exact amount of watercraft owned by each business. The estimated number of watercraft affected is 650, which will be a $3,250 increase for FY20 and a $6,500 increase for FY21 due to the 12-month registration cycle and $0 increase FY22 on businesses in the state.

persons other than small businesses, businesses, or local governmental entities:

Affected: Yes, subtracting the estimated small business owned watercraft (650) from the total amount of watercraft (65,113) to be affected will be 64,463 watercraft. This will equate to a $322,315 increase (32,556 x $10) for FY20 which is a half a year and a $651,130 increase (65,113 x $10) for full years of FY21 and $651,130 FY22.

Compliance costs for affected persons:

Compliance costs for affected persons will be an increase of $10 per boat registration per year.

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

This registration increase should have little impact on businesses but it will cost individual boat owners.

Michael R. Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Jeff Rasmussen, Acting Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$5,000	$0	$0
Local Government	$0	$0	$0
Small Businesses	$3,250	$6,500	$6,500
Non-Small Businesses	$0	$0	$0
Other Person	$322,315	$644,630	$644,630
Total Fiscal Costs:	$330 , 565	$651 , 130	$651,130
Fiscal Benefits
State Government	$325,565	$651,130	$651,130
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$325 , 565	$651 , 130	$651 , 130
Net Fiscal Benefits:	-$5,000	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

Inestimable impacts for non-small businesses. The Division of Parks and Recreation has no means to delineate between small business and non-small business, thus the impacts listed in the table to small businesses may include non-small businesses but levels are unknown.

 

The head of department of Natural Resources, Michael R. Styler (who was Executive Director at the time this rule was reviewed and approved), has reviewed and approved this fiscal analysis.

 

 

R651. Natural Resources, Parks and Recreation.

R651-207. Registration Fee.

R651-207-1. Yearly Registration Fee.

The registration fee shall be [$30]$40 per year.

 

KEY: boating

Date of Enactment or Last Substantive Amendment: [February 11, 2015]2019

Notice of Continuation: January 7, 2016

Authorizing, and Implemented or Interpreted Law: 73-18-7(2)(b)