1     
STATE PARK NAME PROTECTION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill deals with the protection of the names of state parks.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits an individual or entity from using a commercial name that is substantially
13     similar to the name of a state park; and
14          ▸     states that the Division of Parks and Recreation shall, at a minimum, include in a
15     contract for a concessionaire a prohibition on the concessionaire using a commercial
16     name that is substantially similar to the name of a state park without the express
17     permission of the division.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          79-4-204, as renumbered and amended by Laws of Utah 2009, Chapter 344
25     ENACTS:
26          79-4-103, Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 79-4-103 is enacted to read:
30          79-4-103. State park name protection.
31          No individual or entity may, without the express permission of the division, use a
32     commercial name that is:
33          (1) substantially similar to the name of a state park; and
34          (2) likely to lead the public to believe that the commercial establishment is formally
35     associated with a state park.
36          Section 2. Section 79-4-204 is amended to read:
37          79-4-204. Division authorized to enter into contracts and agreements.
38          (1) The division, with the approval of the executive director and the governor, may
39     enter into contracts and agreements with the United States, a United States agency, any other
40     department or agency of the state, semipublic organizations, and with private individuals to:
41          (a) improve and maintain state parks and recreational grounds and the areas
42     administered by the division; and
43          (b) secure labor, quarters, materials, services, or facilities according to procedures
44     established by the Division of Finance.
45          (2) All departments, agencies, officers, and employees of the state shall give to the
46     division the consultation and assistance that the division may reasonably request.
47          (3) The division shall, at a minimum, include in a contract for a concessionaire a
48     prohibition on the concessionaire using a commercial name that is substantially similar to the
49     name of a state park without the express permission of the division.






Legislative Review Note
Office of Legislative Research and General Counsel