H.B. 322 Enrolled

STATE FAIR PARK AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Bill Wright
AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; MODIFYING
LEASE TERM AND REQUIREMENTS FOR STATE FAIR PARK; ADDRESSING
MAINTENANCE OF FACILITIES; CLARIFYING RESPONSIBILITY FOR STATE
FAIR; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
9-4-1103, as enacted by Chapter 260, Laws of Utah 1995
63A-5-306, as enacted by Chapter 260, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-4-1103 is amended to read:
9-4-1103. Utah State Fair Corporation -- Legal Status -- Powers.
(1) There is created an independent public nonprofit corporation known as the "Utah State
Fair Corporation."
(2) The board shall file articles of incorporation for the corporation with the Division of
Corporations and Commercial Code.
(3) The corporation shall, subject to this part, have all powers and authority permitted
nonprofit corporations by law.
(4) The corporation shall, subject to approval of the board:
[(a) arrange and plan expositions of livestock, poultry, agriculture, domestic science,
horticulture, floriculture, mineral and industry, manufactured articles, and domestic animals to
stimulate and promote livestock breeding, agriculture, horticulture, mining, manufacturing,
mechanical arts, sciences, current and emerging industry arts, creative arts, and educational
pursuits of the people of Utah; ]
[(b)] (a) have general management, supervision, and control over all activities relating to
the state fair and have charge of all state expositions except as otherwise provided by statute;

[(c) provide, sponsor, and arrange] (b) for public entertainment, displays, and exhibits [and]
or similar events:
(i) provide, sponsor, or arrange the events;
(ii) publicize and promote the [various] events[, securing]; and
(iii) secure funds to cover the cost of the exhibits from:
(A) private contributions [and];
(B) public appropriations[,];
(C) admission charges[,]; and [by]
(D) other lawful means;
[(d)] (c) establish the time, place, and purpose of state expositions; and
[(e)] (d) acquire and designate exposition sites.
(5) (a) The corporation shall:
(i) use generally accepted accounting principals in accounting for its assets, liabilities, and
operations;
(ii) seek corporate sponsorships for the state fair park and for individual buildings or
facilities within the fair park;
(iii) work with county and municipal governments, the Salt Lake Convention and Visitor's
Bureau, the Utah Travel Council, and other entities to develop and promote expositions and the use
of the state fair park;
(iv) develop and maintain a marketing program to promote expositions and the use of the
state fair park;
(v) in cooperation with the Division of Facilities Construction and Management, maintain
the physical appearance and structural integrity of the state fair park and the buildings located at the
state fair park;
(vi) hold an annual [exposition at the state fair park;] exhibition that:
(A) is called the state fair or a similar name;
(B) includes expositions of livestock, poultry, agricultural, domestic science, horticultural,
floricultural, mineral, and industrial products, manufactured articles, and domestic animals that, in

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the corporation's opinion will best stimulate agricultural, industrial, artistic, and educational pursuits
and the sharing of talents among the people of Utah;
(C) includes the award of premiums for the best specimens of the exhibited articles and
animals;
(D) permits competition by livestock exhibited by citizens of other states and territories of
the United States; and
(E) is arranged according to plans approved by the board;
(vii) fix the conditions of entry to the exposition described in Subsection (5)(a)(vi); and
(viii) publish a list of premiums that will be awarded at the exhibition described in
Subsection (5)(a)(vi) for the best specimens of exhibited articles and animals.
(b) [The] In addition to the state fair to be held in accordance with Subsection (5)(a)(vi), the
corporation may[: (i)] hold [an annual exhibition] other exhibitions of livestock, poultry,
agricultural, domestic science, horticultural, floricultural, mineral, and industrial products,
manufactured articles, and domestic animals that, in its opinion, will best stimulate agricultural,
industrial, artistic, and educational pursuits and the sharing of talents among the people of Utah[;].
[(ii) award premiums for the best specimens of the exhibited articles and animals; and]
[(iii) permit competition by livestock exhibited by citizens of other states and territories of
the United States.]
(6) The corporation may:
(a) employ advisers, consultants, and agents, including financial experts and independent
legal counsel, and fix their compensation;
(b) procure insurance against any loss in connection with its property and other assets,
including mortgage loans;
(c) receive and accept aid or contributions of money, property, labor, or other things of value
from any source, including any grants or appropriations from any department, agency, or
instrumentality of the United States or Utah;
(d) hold, use, loan, grant, and apply that aid and those contributions to carry out the purposes
of the corporation, subject to the conditions, if any, upon which the aid and contributions were made;

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(e) enter into management agreements with any person or entity for the performance of its
functions or powers;
(f) establish whatever accounts and procedures as necessary to budget, receive, and disburse,
account for, and audit all funds received, appropriated, or generated;
(g) enter into agreements for the leasing of any of the facilities at the state fair park, if
approved by the board; and
(h) sponsor events as approved by the board.
(7) (a) As an independent agency of the state of Utah, the corporation is exempt from:
(i) Title 63, Chapter 38, Budgetary Procedures Act;
(ii) Title 51, Chapter 7, State Money Management Act;
(iii) Title 63A, Utah Administrative Services Code;
(iv) Title 51, Chapter 5, Funds Consolidation Act;
(v) Title 63, Chapter 56, Utah Procurement Code; and
(vi) Title 67, Chapter 19, Utah State Personnel Management Act.
(b) The board shall adopt policies parallel to and consistent with:
(i) Title 63, Chapter 38, Budgetary Procedures Act;
(ii) Title 51, Chapter 7, State Money Management Act;
(iii) Title 63A, Utah Administrative Services Code;
(iv) Title 51, Chapter 5, Funds Consolidation Act; and
(v) Title 63, Chapter 56, Utah Procurement Code.
Section 2. Section 63A-5-306 is amended to read:
63A-5-306. Leasing of State Fair Park -- Lease -- Terms.
(1) As used in this section:
(a) "Corporation" means the Utah State Fair Corporation created in Section 9-4-1103.
(b) "Division" means the Division of Facilities Construction and Management.
(c) "State fair park" means the property and buildings owned by the state located at 155
North 1000 West, Salt Lake City, Utah.
(2) The division shall:

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(a) beginning July 1, 1997, lease the state fair park to the corporation [on a year-to-year lease
beginning July 1, 1995] for a period of 20 years, at which time the lease may be renewed:
(i) at the discretion of the division; and
(ii) for any time-period negotiated with the corporation.
(b) ensure that the lease [defines]:
(i) defines which party is responsible for repairs and maintenance to the grounds and
buildings;
(ii) defines any restrictions on the use of the property or buildings[.], including the
construction of any new buildings or facilities at the state fair park;
(iii) requires that for each year under the lease the corporation holds a state fair meeting the
requirements of Subsection 9-4-1103(5)(a)(vi); and
(iv) provides for the renegotiation of the lease if the corporation no longer operates as an
independent public nonprofit corporation as provided in Title 9, Chapter 4, Part 11, Utah State Fair
Corporation Act.
(3) Notwithstanding Subsection (2), the division may review and adjust the amount of any
payments made by the corporation under the lease every three years beginning July 1, 2000.
(4) The state shall assume the responsibilities of the corporation under any contract that is
in effect on the day a lease between the division and the corporation terminates if:
(a) the contract is for the lease or construction of a building or facility at the state park; and
(b) the lease between the division and the corporation is terminated in accordance with the
renegotiation provided for under Subsection (2)(b)(iv).
(5) (a) Payments made by the corporation under a lease with the division shall be deposited
into the Capital Project Fund.
(b) If in accordance with Subsection (3), the payments made by the corporation under a lease
with the division are increased from the amount paid on July 1, 1997, the lease payments made by
the division shall be dedicated to capital improvements at the state fair park unless, as part of the
capital budget, the Legislature directs that the monies be used for other capitol improvements.

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