11-68-301. Board — Membership — Term — Quorum — Vacancies — Duties.
| (1) |
The authority is governed by a board. |
Terms Used In Utah Code 11-68-301
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Authority: means the State Fair Park Authority, created in Section 11-68-201. See Utah Code 11-68-101
- Board: means the authority board, created in Section 11-68-301. See Utah Code 11-68-101
- Business related experience: means at least three years of professional experience in business administration, marketing, advertising, economic development, or a related field. See Utah Code 11-68-101
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 11-68-101
- Fair park land: includes any land acquired by the authority under Subsection 11-68-201(6)(i). See Utah Code 11-68-101
- Land: includes :Utah Code 68-3-12.5
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
The board is composed of:
| (a) |
the director of the Division of Facilities Construction and Management or the director’s designee; |
| (b) |
the commissioner of agriculture and food or the commissioner’s designee; |
| (c) |
two members, appointed by the president of the Senate:
| (i) |
who have business related experience; and |
| (ii) |
of whom only one may be a legislator, in accordance with Subsection (3)(e); |
|
| (d) |
two members, appointed by the speaker of the House:
| (i) |
who have business related experience; and |
| (ii) |
of whom only one may be a legislator, in accordance with Subsection (3)(e); |
|
| (e) |
five members, of whom only one may be a legislator, in accordance with Subsection (3)(e), appointed by the governor with the advice and consent of the Senate in accordance with 2 as follows:
| (i) |
two members who represent agricultural interests; |
| (ii) |
two members who have business related experience; and |
| (iii) |
one member who is recommended by the Utah Farm Bureau Federation; |
|
| (f) |
one member, appointed by the mayor of Salt Lake City with the advice and consent of the Senate, who is a resident of the neighborhood located adjacent to the fair park land; |
| (g) |
a representative of Salt Lake County, if Salt Lake County is party to an executed lease agreement with the authority; and |
| (h) |
a representative of the Days of ’47 Rodeo. |
|
| (3) |
| (a) |
| (i) |
Except as provided in Subsection (3)(a)(ii), a board member appointed under Subsection (2)(c), (d), (e), or (f) shall serve a term that expires on the December 1 four years after the year that the board member was appointed. |
| (ii) |
In making appointments to the board, the president of the Senate, the speaker of the House, the governor, and the mayor of Salt Lake City shall ensure that the terms of approximately 1/4 of the appointed board members expire each year. |
|
| (b) |
Except as provided in Subsection (3)(c), appointed board members serve until their successors are appointed and qualified. |
| (c) |
| (i) |
If an appointed board member is absent from three consecutive board meetings without excuse, that member’s appointment is terminated, the position is vacant, and the individual who appointed the board member shall appoint a replacement. |
| (ii) |
The president of the Senate, the speaker of the House, the governor, or the mayor of Salt Lake City, as applicable, may remove an appointed member of the board at will. |
|
| (d) |
The president of the Senate, the speaker of the House, the governor, or the mayor of Salt Lake City, as appropriate, shall fill any vacancy that occurs on the board for any reason by appointing an individual in accordance with the procedures described in this section for the unexpired term of the vacated member. |
| (e) |
No more than a combined total of two legislators may be appointed under Subsections (2)(c), (d), and (e). |
|
| (4) |
The governor shall select the board’s chair. |
| (5) |
A majority of the members of the board is a quorum for the transaction of business. |
| (6) |
The board may elect a vice chair and any other board offices. |
| (7) |
The board may create one or more subcommittees to advise the board on any issue related to the state fair park. |
| (8) |
A member described in Subsection (2)(e) shall comply with the conflict of interest provisions described in 3. |
| (9) |
The board shall create and may, as the board considers appropriate, modify:
| (a) |
a business plan for the authority; |
| (b) |
a financial plan for the authority that projects self-sufficiency for the authority within two years; and |
| (c) |
a master plan for the fair park land. |
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Renumbered and Amended by Chapter 502, 2023 General Session
