H.B. 214 Enrolled

UTAH SPORTS AUTHORITY AND ADVISORY
COMMITTEE AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Jordan Tanner
AN ACT RELATING TO ADMINISTRATIVE SERVICES; AMENDING MEMBERSHIP OF
THE UTAH SPORTS AUTHORITY AND THE SPORTS ADVISORY COMMITTEE;
MAKING TECHNICAL CORRECTIONS; AND PROVIDING A COORDINATION
CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63A-7-104, as last amended by Chapters 194 and 243, Laws of Utah 1996
63A-7-111, as last amended by Chapter 243, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63A-7-104 is amended to read:
63A-7-104. Utah Sports Authority -- State controls -- Board -- Membership --
Meetings -- Removal -- Per diem and expenses.
(1) (a) There is created within the department the Utah Sports Authority.
(b) The authority is subject to all laws, rules, policies, and other conditions and limitations
that govern agencies of state government, including:
(i) the procurement procedures contained in Title 63, Chapter 56, Utah Procurement Code;
(ii) the personnel procedures contained in Title 67, Chapter 19, Utah State Personnel
Management Act; and
(iii) the laws, rules, policies, and other conditions or limitations from oversight
departments, divisions, agencies, or offices such as the Division of Finance, the Division of
Facilities Construction and Management, the state treasurer, the state auditor, and the attorney
general.
(c) (i) Notwithstanding any other provisions of this chapter, the Division of Finance shall
provide or contract for all accounting related to public sports facilities, including budgeting,

financial reporting, and internal controls of both state and nonstate funds of the authority.
(ii) All nonstate funds may be accounted for and controlled outside of the state accounting
system.
(2) The policy of the authority shall be determined by the authority board rather than the
executive director.
(3) There is created a Utah Sports Authority Board that shall consist of [15] 19 members as
follows:
(a) 18 individuals appointed by the governor, with the advice and consent of the Senate, as
follows:
[(a)] (i) five [persons] individuals from a list of ten nominees provided by the Utah League
of Cities and Towns, with not more than one being a resident of any given county;
[(b)] (ii) two [persons] individuals from a list of four nominees provided by the Utah
Association of Counties;
[(c)] (iii) three [persons] individuals from a list of six nominees provided by the mayor of
Salt Lake City;
[(d)] (iv) four [persons] individuals from the state at large; and
(v) four individuals:
(A) who prior to or at the time of appointment are athletes; and
(B) that the governor determines fairly represent the interests of athletes that will be served
by state programs or facilities overseen by the authority; and
[(e)] (b) the executive director of the Department of Community and Economic
Development.
(4) The authority board membership shall include representatives of private business and
industry[, including]. Examples of industries that may be represented on the board include the
banking, accounting, legal, financial services, and amateur sports industries.
(5) (a) In making appointments to the authority board, the governor shall consider
geographical representation.
(b) A member of the authority board may not hold an elective public office.

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(c) Each board member shall be a resident of the state as defined in Section 20A-2-105.
(d) No more than eight board members may have the same political party affiliation and the
political party affiliation of each board member and any change in that affiliation shall be disclosed
to the board.
(e) [No] A member of the authority board, any of its employees, or any employees of the
department or the Department of Community and Economic Development may not be on the board
of, be employed by, contract with, or in any way be affiliated with any private entity that is using
or seeking to use state funds to solicit, attract, organize, schedule, conduct, book, provide, operate,
or create any public sports event, or that uses or seeks to use any public sports facility, unless any
affiliation with the private entity is fully disclosed to the authority board and the advisory committee
in an open and public meeting.
(6) (a) Except as required by Subsection (6)(b), each board member shall serve a four-year
term beginning January 1, 1990.
(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of authority
members are staggered so that approximately half of the authority is appointed every two years.
(7) The governor shall appoint one of the members appointed to a four-year term as the
chair of the authority board. The members shall elect from among their number a vice chair and
other officers they may determine. The chair shall serve at the pleasure of the governor.
(8) (a) The authority board shall meet at least quarterly unless otherwise determined by a
majority of the members and at other times at the discretion of the chair.
(b) A majority of the authority board is a quorum for conducting authority business. A
majority vote of those present is required for any action to be taken by the authority.
(c) The authority board shall invite the members of the advisory committee and other
agencies and individuals listed in Subsection (8)(e) to all of its meetings. The authority shall allow
members of the advisory committee and other agencies and individuals listed in Subsection (8)(e)
to attend, participate in discussions, and review all materials presented in all meetings of the
authority.

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(d) The authority shall include at least two members of the advisory committee on each
subcommittee the authority board may create.
(e) The authority board shall provide meeting notices, agendas, and minutes of meetings:
(i) to members of the advisory committee;
(ii) the governor;
(iii) the attorney general;
(iv) the Division of Finance;
(v) the Department of Administrative Services;
(vi) the Division of Facilities Construction and Management;
(vii) the state auditor;
(viii) the legislative auditor general;
(ix) the Office of Legislative Research and General Counsel; and
(x) the Office of the Legislative Fiscal Analyst.
(9) (a) Any member may be removed from office with cause by the governor or for cause
by an affirmative vote of eight members.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment, subject to the
consent of the Senate.
(c) A member shall continue to hold office until the member's successor has been appointed
and qualified.
(d) Any member is eligible for reappointment, but may not serve more than four full
consecutive terms.
(10) The authority shall exist as long as it has obligations outstanding and until its existence
is terminated by law. Upon the termination of the existence of the authority, all its rights and
properties shall pass to and be vested in the state.
(11) (a) (i) [Members] A member who [are] is not a government [employees] employee shall
receive no compensation or benefits for [their] that member's services, but may receive per diem and
expenses incurred in the performance of the member's official duties at the rates established by the

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Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) [Members] A member may decline to receive per diem and expenses for [their] the
member's service.
(b) (i) [State] A state government officer [and] or employee [members] member who [do]
does not receive salary, per diem, or expenses from [their] the officer's or employee's agency for
[their] the officer's or employee's service may receive per diem and expenses incurred in the
performance of [their] the officer's or employee's official duties from the authority at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) [State] A state government officer [and] or employee [members] member may decline
to receive per diem and expenses for [their] the officer's or employee's service.
(c) (i) [Local] A local government [members] member who [do] does not receive salary, per
diem, or expenses from the entity that [they represent] the member represents for [their] the service
may receive per diem and expenses incurred in the performance of [their] the member's official
duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) [Local] A local government [members] member may decline to receive per diem and
expenses for [their] the member's service.
Section 2. Section 63A-7-111 is amended to read:
63A-7-111. Utah Sports Advisory Committee.
(1) There is created the Utah Sports Advisory Committee.
(2) The advisory committee shall consist of the following [15] 17 members:
(a) five representatives of the Utah League of Cities and Towns, appointed by the Utah
League of Cities and Towns;
(b) two representatives of the Utah Association of Counties, appointed by the Utah
Association of Counties;
(c) two representatives of Salt Lake City, appointed by the mayor of Salt Lake City;
(d) two individuals jointly appointed by the president of the Senate and speaker of the
House:
(i) who prior to or at the time of appointment are athletes; and

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(ii) that the president of the Senate and the speaker of the House jointly determine fairly
represent the interests of athletes that will be served by state programs or facilities related to the
responsibilities of the advisory committee;
[(d)] (e) three members of the Senate, appointed by the president of the Senate, not more
than two of whom may be from the same political party; and
[(e)] (f) three members of the House of Representatives, appointed by the speaker of the
House, not more than two of whom may be from the same political party.
(3) The president of the Senate and the speaker of the House shall each appoint a legislator
to serve as cochairs of the advisory committee.
(4) (a) Except as required by Subsection (4)(b), each advisory committee member, except
the legislative members, shall serve a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the [governor] chairs of the
committee shall, at the time of appointment or reappointment of the members appointed under
Subsections (2)(a) through (d), adjust the length of terms to ensure that the terms of those committee
members appointed under Subsections (2)(a) through (d) are staggered so that approximately half
[of the committee is] are appointed every two years.
(5) (a) If the member no longer serves in the Legislature, a vacancy is created.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment.
(c) An advisory committee member shall continue to hold office until the advisory
committee member's successor has been appointed and qualified.
(d) (i) When a vacancy occurs or a term expires in the membership of an individual
appointed under Subsection (2)(a) or (b), the appointing authority shall reappoint the individual or
appoint a replacement within 90 days of the date the vacancy occurs or member's term expires.
(ii) If the appointing authority fails to appoint a member within the 90 days required by
Subsection (5)(d)(i), the president of the Senate and the speaker of the House shall jointly make the
appointment.
(6) Any advisory committee member is eligible for reappointment but may not serve more

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than four full consecutive terms.
(7) (a) The advisory committee shall meet at least quarterly and at other times at the call of
the cochairs.
(b) A majority of the membership on the advisory committee is required for a quorum to
conduct committee business. A majority vote of the quorum is required for any action to be taken
by the advisory committee.
(c) Any member of the advisory committee may attend, participate in discussions, and
review all materials presented in any of the meetings of the authority board.
(8) The staff to the advisory committee shall be from within the professional legislative staff
offices as determined by the president of the Senate and the speaker of the House.
(9) (a) (i) [Members] A member who [are] is not a government [employees] employee shall
receive no compensation or benefits for [their] that member's services, but may receive per diem and
expenses incurred in the performance of the member's official duties at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) [Members] A member may decline to receive per diem and expenses for [their] the
member's service.
(b) (i) [State] A state government officer [and] or employee [members] member who [do]
does not receive salary, per diem, or expenses from [their] the officer's or employee's agency for
[their] the officer's or employee's service may receive per diem and expenses incurred in the
performance of [their] the officer's or employee's official duties from the committee at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) [State] A state government officer [and] or employee [members] member may decline
to receive per diem and expenses for [their] the officer's or employee's service.
(c) Legislators on the committee shall receive compensation and expenses as provided by
law and legislative rule.
(d) (i) [Local] A local government [members] member who [do] does not receive salary, per
diem, or expenses from the entity that [they represent] the member represents for [their] the service
may receive per diem and expenses incurred in the performance of [their] the member's official

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duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) [Local] A local government [members] member may decline to receive per diem and
expenses for [their] the member's service.
Section 3. Coordination clause.
If this bill and 1st Sub. H.B. 12, Boards and Commissions Amendments, both pass, it is the
intent of the Legislature that the amendments in Subsection 63A-7-11(4)(b) in this bill supersede the
amendments to Subsection 63A-7-11(4)(b) in 1st Sub. H.B. 12.

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