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S.B. 129






Sponsor: Gene Davis

             6      This act modifies the County Code by amending provisions relating to planetariums. The
             7      act moves the power to contract for planetarium facilities and equipment and the power to
             8      appoint the planetarium board from the county legislative body to the county executive.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          17-37-2, as last amended by Chapter 98, Laws of Utah 1991
             12          17-37-4, as last amended by Chapter 227, Laws of Utah 1993
             13          17-37-7, as last amended by Chapter 227, Laws of Utah 1993
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 17-37-2 is amended to read:
             16           17-37-2. Planetarium board of directors -- Establishment -- Expenses.
             17          (1) Upon the establishment of a county planetarium under the provisions of this chapter
             18      or upon the determination of the county [legislative body] executive to contract for planetarium
             19      facilities and equipment and other planetarium services, the county [legislative body] executive
             20      shall:
             21          (a) with the advice and consent of the county legislative body, appoint a planetarium board
             22      of directors, chosen at large based upon fitness for the office; and
             23          (b) determine the number of people to serve as the board of directors.
             24          (2) Members of the county legislative body may serve on the board of directors, [as ex
             25      officio nonvoting members,] but not more than one member of the county legislative body may
             26      be a member of the board at any one time.
             27          (3) Directors shall serve without compensation, but their actual and necessary expenses

             28      incurred in the performance of their official duties may be paid from the county planetarium fund.
             29          Section 2. Section 17-37-4 is amended to read:
             30           17-37-4. Delegation of management and control authority to directors by county
             31      legislative body -- Contract or lease with private entity for management -- Deposit of money
             32      collected -- Expenditures -- Recommendations by directors to county legislative body.
             33          (1) Upon the appointment of a planetarium board of directors, the county [legislative body]
             34      executive may delegate to the board of directors the authority to manage and control the functions,
             35      activities, operations, maintenance, and repair of any county planetarium, and shall include in its
             36      delegation the authority to approve and control all expenditures from the county planetarium fund.
             37      Any delegation of authority made to the board of directors under this section shall [be by resolution
             38      of the county legislative body, and shall] at all times be subject to the ultimate authority and
             39      responsibility of the county [legislative body] executive for the management and control of all
             40      county funds and properties as conferred upon that board by general law applicable to counties.
             41          (2) Upon the recommendation of the board of directors, the county may enter into a
             42      contract or lease agreement with a private organization or entity for partial or full management,
             43      operation and maintenance of any county planetarium and for other planetarium services, which
             44      may include providing the physical facilities and equipment for the operation of a planetarium. A
             45      contract or lease for such purposes shall not extend for more than a four-year period and shall be
             46      subject to annual review by the board of directors to determine if performance is in conformance
             47      with the terms of the contract or lease and to establish the level of the subsequent funding pursuant
             48      to the contract or lease.
             49          (3) All money collected from a county planetarium tax levy shall be deposited in the
             50      county treasury to the credit of the county planetarium fund. All money collected from operations
             51      of or from donations to any planetarium owned and operated by the county shall also be deposited
             52      in the county treasury to the credit of the planetarium fund. Any money collected from operations
             53      of a planetarium by a contracting party or lessee shall be used or deposited as the contract or lease
             54      may provide. Income or proceeds from any investment by the county treasurer of county
             55      planetarium funds shall be credited to the county planetarium fund and used only for planetarium
             56      purposes.
             57          (4) Expenditures from the county planetarium fund shall be drawn upon by the authorized
             58      officers of the county upon presentation of properly authenticated vouchers or documentation of

             59      the board of directors or other appropriate planetarium official. The fund shall not be used for any
             60      purpose other than to pay the costs of acquiring, constructing, operating, managing, equipping,
             61      furnishing, maintaining or repairing a planetarium, including appropriate, reasonable and
             62      proportionate costs allocated by the county for support of the planetarium, or to pay the cost of
             63      financing and funding a contract or lease agreement for facilities, equipment, management,
             64      operation, and maintenance of a planetarium.
             65          (5) The board of directors shall provide recommendations to the county [legislative body]
             66      executive with respect to the purchase, lease, exchange, construction, erection, or other acquisition
             67      of land, real property improvements, and fixtures or the sale, lease, exchange, or other disposition
             68      of land, real property improvements, and fixtures for the use or benefit of a county planetarium.
             69          Section 3. Section 17-37-7 is amended to read:
             70           17-37-7. Annual report -- Financial statement.
             71          To the extent that independent accounting records are prepared and maintained by the
             72      planetarium, the planetarium board of directors shall make, or in the case of a contracting entity,
             73      require that there be made, an annual report to the county executive and the county legislative body
             74      on the condition and operation of the planetarium, including a financial statement. The financial
             75      statement shall be prepared in accordance with generally accepted accounting principles
             76      consistently applied and shall be reviewed by the county auditor. The planetarium shall be included
             77      in the annual audit of the county conducted by an independent public accountant as required by
             78      Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other Local
             79      Entities.

Legislative Review Note
    as of 1-18-02 2:10 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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