H.B. 77 Enrolled

STATE SCIENCE CENTER
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: A. Lamont Tyler
This act modifies the Community and Economic Development Code to reduce the size of the
Utah Science Center Authority's board and clarify the scope of its science center. This act
repeals the Utah Science Center Authority's power to issue bonds. This act appropriates
$225,000, nonlapsing, from the General Fund for fiscal year 2001-02 only, to the Department
of Community and Economic Development for the Utah Science Center Authority for the
development of a state science center, conditioned on the authority securing a specified
contract. This act takes effect on July 1, 2001.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
9-3-402, as enacted by Chapter 309, Laws of Utah 1993
9-3-403, as last amended by Chapters 194, 242 and 243, Laws of Utah 1996
9-3-407, as enacted by Chapter 309, Laws of Utah 1993
REPEALS:
9-3-408, as enacted by Chapter 309, Laws of Utah 1993
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-3-402 is amended to read:
9-3-402. Legislative findings -- State purpose.
(1) The Legislature finds and declares that:
(a) a Utah Science Center Authority can promote science, Utah's effort in high technology,
engineering, the arts, culture, Utah's unique origins, and can enhance tourism and provide a
valuable educational forum, and other benefits for Utah's citizens;
(b) fostering the development of science, arts, tourism, culture, and educational facilities
is a state purpose affecting the welfare of all state citizens and the growth of the economy
statewide.

(2) It is therefore the purpose of this part that the state provide a means to foster the
development of science, technology, engineering, arts, tourism, cultural, and educational facilities
in order to further the welfare of the citizens of the state and its economic growth.
Section 2. Section 9-3-403 is amended to read:
9-3-403. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and expenses.
(1) There is created an independent state agency and a body politic and corporate known as
the "Utah Science Center Authority."
(2) (a) The authority shall be composed of [17] 13 members.
(b) The governor shall appoint:
(i) three members representing the informal science and arts community that could include
members from the board of directors of the Hansen Planetarium, the Hogle Zoo, the Children's
Museum of Utah, the Utah Museum of Natural History, and other related museums, centers, and
agencies;
(ii) one member of the State Board of Education;
(iii) one member of the Division of Community Development of the Department of
Community and Economic Development;
(iv) one member of the Board of Travel Development;
(v) one member of the State Board of Regents; and
(vi) [six] three public members representing Utah industry, [rural Utah] the diverse regions
of the state, and the public at large.
(c) The county legislative body of Salt Lake County shall appoint one member to represent
Salt Lake County.
(d) The mayor of Salt Lake City shall appoint one member to represent Salt Lake City
Corporation.
(e) The [executive director of the Utah Arts Council or his designee and the] State Science
Advisor or his designee [are] is also [members] a member of the authority.
(f) In appointing the [six] three public members, the governor shall ensure that there is
representation from the [arts,] science, technology, and business communities.

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(3) All members shall be residents of Utah.
(4) Each member shall be appointed for four-year terms beginning July 1 of the year
appointed.
(5) (a) Except as required by Subsection (5)(b), as terms of current authority members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(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.
(6) Any member may be removed from office by the governor or for cause by an affirmative
vote of any [eleven] nine members of the authority.
(7) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed by the governor for the unexpired term.
(8) Each public member shall hold office for the term of his appointment and until his
successor has been appointed and qualified.
(9) Any public member is eligible for reappointment, but may not serve more than two full
consecutive terms.
(10) The governor shall appoint the chair of the authority from among its members.
(11) The members shall elect from among their number a vice chair and other officers they
may determine.
(12) The chair and vice chair shall be elected for two-year terms.
(13) The powers of the authority shall be vested in its members.
(14) [Nine] Seven members constitute a quorum for transaction of authority business.
(15) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their 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 may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,

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or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their 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 government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
(d) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their
service.
Section 3. Section 9-3-407 is amended to read:
9-3-407. Authority -- Powers.
(1) (a) The authority shall create, operate, and maintain a center that shall promote the
purposes described in Section 9-3-402 .
(b) The center shall:
(i) have an extensive outreach program that serves all regions of the state; and
(ii) collaborate and coordinate with education, arts, technology, and engineering entities,
including schools and industries.
(2) The authority has perpetual succession as a body politic and corporate and may:
(a) adopt, amend, and repeal rules, policies, and procedures for the regulation of its affairs
and the conduct of its business;

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(b) sue and be sued in its own name;
(c) maintain an office at any place or places within this state it may designate;
(d) adopt, amend, and repeal bylaws and rules, not inconsistent with this part, to carry into
effect the powers and purposes of the authority and the conduct of its business;
(e) purchase, lease, sell, and otherwise dispose of property and rights-of-way;
(f) employ experts, advisory groups, and other professionals it considers necessary;
(g) employ and retain independent legal counsel;
(h) make and execute contracts and all other instruments necessary or convenient for the
performance of its duties and the exercise of its duties under this part to create, operate, and maintain
a Science Center in Utah;
(i) procure insurance for liability and against any loss in connection with its property and
other assets in amounts and from insurers it considers desirable;
(j) borrow money, receive appropriation from the Legislature, and receive other public
moneys and accept aid or contributions from any source of money, property, labor, or other things
of value to be held, used, and applied to carry out the purposes of this part subject to the conditions
upon which the grants and contributions are made, including, but not limited to, gifts or grants from
any department, agency, or instrumentality of the United States or of this state for any purpose
consistent with this part;
(k) enter into agreements with any department, agency, or instrumentality or political
subdivision of the United States or this state for the purpose of providing for the creation, operation,
and maintenance of a Science Center in Utah; and
(l) to do any act necessary or convenient to the exercise of the powers granted by this part.
(3) All monies received by the authority under Subsection (2)(j) and from any other source
shall be for the exclusive use of the authority to create, operate, maintain, improve, and provide for
a Science Center in Utah. The monies received by the authority may not be used for any other
purpose or by any other entity.
Section 4. Repealer.
This act repeals:

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Section 9-3-408, Bond issues -- Authority members and persons executing bonds not
personally liable -- Bonds and obligations not general obligation or debt -- Negotiability.
Section 5. Appropriation.
(1) For fiscal year 2001-02 only, there is appropriated from the General Fund to the
Department of Community and Economic Development for the Utah Science Center Authority
$225,000.
(2) It is the intent of the Legislature that:
(a) the Utah Science Center Authority shall create a science center, including pursuing the
Salt Lake City Library site; and
(b) the appropriation under Subsection (1) shall be used to develop a state science center.
(3) The appropriation under Subsection (1) is nonlapsing.
(4) The entire appropriation under Subsection (1) is conditioned upon the Utah Science
Center Authority securing a contract of at least 30 years for the state science center site.
Section 6. Effective date.
This act takes effect on July 1, 2001.

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