First Substitute H.B. 253

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 10, 2014 at 11:40 AM by lerror. -->

Representative Mike K. McKell proposes the following substitute bill:

1 STATE FAIR CORPORATION BOARD AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mike K. McKell
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 63H, Chapter 6, Utah State Fair Corporation Act, by amending
10 provisions regarding the Utah State Fair Corporation board of directors.
11 Highlighted Provisions:
12 This bill:
13 . provides that certain Utah State Fair Corporation board members must be residents
14 of different counties;
15 . adds the director of the Division of Facilities Construction and Management and the
16 commissioner of agriculture and food to the board; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 63H-6-104 , as renumbered and amended by Laws of Utah 2011, Chapter 370
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63H-6-104 is amended to read:
28 63H-6-104. Board of Directors -- Membership -- Term -- Quorum -- Vacancies.
29 (1) The corporation is governed by a board of directors.
30 (2) The board is composed of 13 members as follows:
31 (a) the director of the Division of Facilities Construction and Management H. or the
31a director's designee .H ;
32 (b) the commissioner of agriculture and food H. or the commissioner's
32a designee .H ; and
33 (c) 11 members appointed by the governor with the consent of the Senate[.] as follows:
34 [(3) The governor shall ensure that:]
35 [(a)] (i) two members of the board who are residents of Salt Lake County in which the
36 state fair is held;
37 [(b) there is at least one member of the board from each judicial district;]
38 [(c) two members of the board are residents of the First Congressional District;]
39 [(d) two members of the board are residents of the Second Congressional District;]
40 [(e) two members of the board are residents of the Third Congressional District; and]
41 (ii) seven members of the board who are not residents of Salt Lake County and are
42 each a resident of a different county than any other member under this Subsection (2)(c)(ii);
43 and
44 [(f)] (iii) two members of the board who represent agricultural interests.
45 [(4)] (3) (a) (i) Except as provided in Subsection [(4)] (3)(a)(ii), the governor shall
46 appoint board members to serve terms that expire on the December 1 four years after the year
47 that the board member was appointed.
48 (ii) In making appointments to the board, the governor shall ensure that the terms of
49 approximately 1/4 of the board expire each year.
50 (b) Except as provided in Subsection [(4)] (3)(c), appointed board members serve until
51 their successors are appointed and qualified.
52 (c) (i) If [a] an appointed board member is absent from three consecutive board
53 meetings without excuse, that member's appointment is terminated, the position is vacant, and
54 the governor shall appoint a replacement.
55 (ii) The governor may remove [any] an appointed member of the board at will.
56 (d) The governor shall fill any vacancy that occurs on the board for any reason by

57 appointing a person according to the procedures of this section for the unexpired term of the
58 vacated member.
59 [(5)] (4) The governor shall select the board's chair.
60 [(6)] (5) [Six] Seven members of the board are a quorum for the transaction of
61 business.
62 [(7)] (6) The board may elect a vice chair and any other board offices.