4-02.1 State Fair Association - North Dakota Statutes

Download pdf

Loading PDF...

CHAPTER 4-02.1STATE FAIR ASSOCIATION4-02.1-01. State fair association. A state fair association, to be known as the NorthDakota state fair association, is hereby created for the purpose of conducting an annual North
Dakota state fair and for the purpose of exhibiting at such fair the agricultural, stockbreeding,
horticultural, mining, mechanical, industrial, and other products and resources of this state. The
North Dakota state fair shall be held at Minot, North Dakota, at a site to be selected by the state
fair association. No other fair may be designated as, nor may any other fair call itself, the state
fair.4-02.1-02. Organization of state fair association - Initial members. For the purposeof organizing the state fair association, three residents from each county in the state shall
compose the initial membership in the state fair association. One member must be selected by
the county fair board, one member by the board of county commissioners, and one member by
the county agent of each county. In cases where a county does not have a county agent or
county fair board, the board of county commissioners shall select the resident that either the
county agent, or county fair board, would normally have been entitled to select as a member of
the state fair association. Within thirty days after July 1, 1965, the names of the persons selected
to serve as the initial members of the state fair association must be forwarded to the agriculture
commissioner by the agencies making such selection.The agriculture commissioner shallcompile a list of all such members and forward a copy to each member. Within three months of
their selection the initial members of the state fair association shall meet at a time and place
agreed upon by them for the purpose of adopting bylaws, electing a temporary board of directors
for one-year terms or until successors are chosen and qualified, and generally organizing the
state fair association pursuant to the provisions of this chapter. The initial members of the state
fair association shall serve one-year terms of office, or until successors are chosen and qualified,
but this provision does not prohibit such initial members from succeeding themselves as regular
members of the fair association pursuant to the provisions of this chapter. The initial members
and the board of directors selected therefrom shall have all the powers, and be subject to all the
laws, as is provided in this chapter, except that the board of directors shall serve only one-year
terms of office. The first annual meeting of the state fair association must be held at the call of
the initial board of directors. A permanent board of directors, elected pursuant to the provisions
of this chapter, must be selected at the first annual meeting and new or additional members of
the association must be received into the state fair association according to the provisions of this
chapter. The state fair association shall initiate plans at the first annual meeting for the purpose
of conducting a state fair in the year 1966.4-02.1-03. Permanent members of state fair association. The state fair association,after the expiration of the term of the initial members, must have a membership selected in the
following manner:1.Three members to be chosen annually from each of the counties of the state, such
members to be residents of such county, with one member to be selected by the
county fair board, one member by the board of county commissioners, and one
member by the county agent.2.Such individuals who, by reason of eminent services in agriculture, horticulture, or in
the arts and sciences connected therewith, or of long and faithful service in the
association, or of benefits conferred upon it, may, by two-thirds vote of the directors
at any annual meeting, be elected as honorary members.3.Members elected by societies, corporations, limited liability companies, or
associations as determined in the association bylaws, except that a majority of the
members must always be selected in accordance with subsection 1.The terms of all members, except honorary members, must be for a one-year term or until the
succeeding annual meeting after such members have qualified as members, except that eachPage No. 1member shall hold office until that member's successor is chosen and qualified and a member
who is a director shall remain a member until that member's term of office as director is
terminated. Honorary members shall continue as such for life. The election and selection of
members must be made and certified to the state fair association on or before each annual
meeting.Each member is entitled to one vote on each matter submitted to a vote of themembers, except honorary members may not vote. Any member may resign from membership
by filing a written resignation with the secretary of the association but memberships are not
transferable or assignable.The board of directors, by affirmative vote of the majority of allmembers of the board, may suspend or expel a member for cause.4-02.1-04. Meetings - Time and place - Notice.1.The annual meeting of the members of the state fair association must be held as
provided in the bylaws of the association.Such meeting must be held for thepurpose of electing directors and for the transaction of such other business as may
come before the meeting.If the election of directors is not held on the daydesignated for any annual meeting or at any adjournment thereof, the board of
directors shall cause the election to be held at a special meeting of the members as
soon thereafter as may be convenient. The failure to hold the annual meeting at the
designated time does not work a forfeiture or dissolution of the association.2.A special meeting of the members may be held at any time upon the call of the
president or by order of the board of directors, and it is the duty of the president to
call such a meeting whenever requested to do so by ten percent of the members of
the association.3.The board of directors may designate any place within the state as the place of
meeting for any annual meeting or for any special meeting called by the board of
directors.4.Written or printed notice stating the place, day, and hour of any meeting of members
must be delivered either personally or by mail to each member entitled to vote at
such meeting, not less than ten, nor more than fifty, days before the date of such
meeting by, or at the direction of, the president or the secretary or the officers or
persons calling the meeting. In case of a special meeting, or when required by law
or the bylaws, the purpose or purposes for which the meeting is called must be
stated in the notice. If mailed, the notice of the meeting must be deemed to be
delivered when deposited in the United States mail, addressed to the member at the
member's address as it appears on the records of the association with postage
thereon prepaid.4-02.1-05.Compensation of members.Each member of the board of directors isentitled to receive compensation in the amount of one hundred thirty-five dollars per day plus
reimbursement of expenses as provided by law for state officers while attending meetings or
performing duties directed by the board. The board of directors may pay to members rendering
unusual or special services to the association special compensation appropriate to the value of
the services.4-02.1-06.Board of directors - Meetings - Notice.The affairs of the state fairassociation must be managed by its board of directors, which must consist of nine members
unless changed by an amendment to the association bylaws, except that a decrease in the
number of directors may not affect the term of any incumbent director. Each director shall hold
office for a term of three years, and until that director's successor has been elected and qualified.
The terms of the directors elected at the first annual meeting must be staggered so that three
directors are elected annually thereafter.The directors must be members of the state fairassociation and residents of the state.4-02.1-07. Annual meeting - Directors to call special meetings. A regular annualmeeting of the board of directors must be held without other notice than that provided for thePage No. 2annual meeting of the state fair association, immediately after and at the same place as the
annual meeting of the association. The board of directors may provide by resolution the time and
place for the holding of additional regular meetings of the board without other notice than such
resolution. Special meetings of the board of directors may be called by the president whenever
the president deems it necessary or upon the written request of two of the directors.Thepresident shall fix the time and place for the holding of any special meeting of the board of
directors.Notice of any special meeting of the board must be given at least three days previouslythereto by written notice delivered personally or sent by mail or telegram to each director at the
address as shown by the records of the association. If mailed, such notice is deemed to be
delivered when the same is deposited in the United States mail in a sealed envelope so
addressed, with postage thereon prepaid. If notice be given by telegram, such notice is deemed
to be delivered when the telegram is delivered to the telegraph company. Any director may
waive notice of any meeting. The attendance of a director at any meeting constitutes a waiver of
notice of such meeting, except when a director attends a meeting for the express purpose of
objecting to the transaction of any business because the meeting is not lawfully called or
convened. Neither the business to be transacted, nor the purpose of any regular or special
meeting of the board of directors, need be specified in the notice or waiver of notice of such
meeting.4-02.1-08.Quorum to transact business.A majority of the board of directorsconstitutes a quorum for the transaction of business at any meeting of the board, but if less than
a majority of the directors are present at such meeting, a majority of those present may adjourn
the meeting from time to time without further notice. The act of a majority of the directors present
at a meeting at which a quorum is present is the act of the board of directors unless the act of a
greater number is required by law or by the bylaws.4-02.1-09. Vacancies and special compensation of board members. Any vacancyoccurring on the board of directors must be filled by the board of directors for the unexpired term
of the vacancy. The board of directors may contract for and pay directors rendering unusual or
exceptional services to the association special compensation appropriate to the value of such
services.4-02.1-10. Officers - Removal - Vacancies. The officers of the association must be apresident, vice president, secretary, treasurer, and such other officers as may be created by the
board of directors from time to time. All officers of the association shall perform such duties as
may be prescribed by law or by the board of directors. Any two or more offices may be held by
the same person except the offices of president and secretary. The president, vice president,
secretary, and treasurer must be elected annually by the board of directors, and any other
officers created by the board may be filled by appointment at any meeting of the board. Each
elected officer holds office until that officer's successor has been duly elected and qualified. Any
officer elected or appointed may be removed by the persons authorized to elect or appoint such
officer, whenever in their judgment the best interests of the association shall be served thereby.
The removal of any officer is without prejudice to the contractual rights, if any, of the officer.
Election or appointment of an officer or agent does not of itself create contractual rights.
Vacancies in any office because of death, resignation, removal, disqualification, or otherwise may
be filled by the board of directors for the unexpired portion of the term.4-02.1-11. Officers - Duties.1.The president is the principal executive officer of the association and shall, in
general, supervise and control all of the business and affairs of the association and
shall preside at all meetings of the members and of the board of directors. The
president may sign, with the secretary, or any other proper officer of the association
authorized by the board of directors, any deeds, mortgages, bonds, contracts, or
other instruments which the board of directors has authorized to be executed, except
in cases when the signing and direction thereof is expressly delegated by the board
of directors or by the bylaws or by law to some other officer or agent of thePage No. 3association, and, in general, the president shall perform all duties incident to the
office of president and such other duties as may be prescribed by the board of
directors from time to time.2.In the absence of the president or in the event of the president's inability or refusal to
act, the vice president, or in the event there be more than one vice president through
appointment by the board, the vice presidents in the order of their election, shall
perform the duties of the president and when so acting has all the power of and is
subject to all the restrictions upon the president. Any vice president shall perform
such other duties as from time to time may be assigned to the vice president by the
president or by the board of directors.3.If required by the board of directors, the treasurer shall give a bond for the faithful
discharge of the treasurer's duties in such sum with such surety or sureties as the
board shall determine. The treasurer shall have charge of and custody of and be
responsible for all funds and securities of the association received, and give receipts
for moneys due and payable to the association from any source whatsoever, and
deposit and manage all moneys as prescribed by this chapter. The treasurer shall
perform all the duties incident to the office of the treasurer and such other duties as
from time to time the board of directors may delegate to the treasurer.4.The secretary shall keep the minutes of the meetings of the members and of the
board of directors in one or more books provided for that purpose; see that all
notices are duly given in accordance with the provisions of the bylaws or as required
by law; be custodian of the association records; keep a register of the post-office
address of each member which shall be furnished to the secretary by such member;
and, in general, perform all duties incident to the office of secretary and such other
duties as from time to time may be assigned to the secretary by the president or by
the board of directors.5.Any other officers created by the board of directors may be required to give bonds
for the faithful discharge of their duties in such sum and with such sureties as the
board of directors may determine, and shall perform such duties as may be
assigned to them by the treasurer, secretary, president, or board of directors.4-02.1-12. Director's liability limited. The individual members of the board of directorsof the state fair association are not liable for the negligence of any person, firm, corporation, or
limited liability company staging any show, race, or other amusement at the state fair, nor for the
negligence of any person employed by them.4-02.1-13. Bylaws, rules, regulations. The state fair association may make all bylaws,ordinances, rules, and regulations, not inconsistent with law, which it may deem necessary or
proper in carrying out the provisions of this chapter and for the government of the grounds on
which the state fair is to be held, and for all fairs to be held thereon, and for the protection, health,
safety, and comfort of the public. Such bylaws, ordinances, rules, and regulations are in effect
from the time of filing with the secretary of the association.4-02.1-14. Appointment of necessary employees. The president, or any other persondelegated such authority by the board of directors, shall appoint and employ such deputies and
other subordinates, and such contractors, architects, builders, clerks, accountants and other
experts, and agents and servants as required to carry out the functions of the state fair
association.Salaries and other compensation must be set by the president and board ofdirectors and any expenses incurred in the performance of employment must be reimbursed in
the same manner and for the same amounts as is provided for officials and employees of the
state.4-02.1-15. State fair operating fund - Maintained in state treasury - Expenditures. Aspecial fund for the North Dakota state fair association to be known as the state fair operating
fund must be maintained in the state treasury, and all income, fees, rents, interest, moneys whichPage No. 4may be appropriated by the legislative assembly from time to time, and any other moneys, from
whatever source derived by the state fair association, shall be placed in such fund for the use of
the North Dakota state fair association; provided, however, that moneys which may be
appropriated by the legislative assembly must only be transferred from the general fund
appropriation, and placed in the state fair operating fund by the state treasurer, upon order of the
office of management and budget whenever the balance in such fund falls so low as to require
supplementation. Any moneys or income in the state fair operating fund shall not revert or be
canceled according to the provisions of section 54-44.1-11. All expenditures of the state fair
association from the state fair operating fund must be made upon vouchers signed by the
secretary, or other person authorized by the board of directors, and approved by the office of the
budget, upon warrant-checks prepared by the office of management and budget. The directors
of the North Dakota state fair association may, not more than fifteen days in advance of the
opening of any state fair, submit to the office of the budget a proposed budget of expenditures for
operating the state fair, together with a signed voucher or vouchers for the withdrawal from the
state fair operating fund of the total amount of the proposed expenditures. Upon approval of
such proposed budget of expenditures by the office of the budget, the director of the office of
management and budget shall prepare and issue a warrant-check or checks in such approved
amount payable to the state fair association. Such warrant-checks must be deposited to the
account of the North Dakota state fair association in the Bank of North Dakota or a Minot area
bank selected by a majority vote of the state fair board of directors and qualifying in accordance
with law as a public depository, and are subject to being withdrawn by check for the payment of
prizes and costs of operation of the state fair. Not later than sixty days after the closing day of
the state fair, the association shall file with the office of the budget a detailed and itemized
statement of expenditures together with copies of all checks issued, and shall immediately close
such account at the Bank of North Dakota or Minot area bank and transfer any remaining
balance to the state treasurer for deposit in the state fair operating fund. The treasurer, or other
officer delegated such authority by the office of the budget, shall remit monthly all income, fees,
rents, interest, or other moneys received by the state fair association, to the state treasurer who
shall credit the same to the state fair operating fund and such moneys credited to the fund are
hereby appropriated as a standing appropriation for the purposes provided in this chapter.4-02.1-16.Organization under corporation laws - Real property transactions -Contracts. The state fair association possesses all the rights, privileges, and liabilities pertaining
to corporations under the corporation laws of this state except as may be limited or specified by
this chapter. The association may purchase, hold, lease, exchange, trade, or sell real estate for
the purpose of promoting and conducting a state fair. Buildings and real estate controlled by the
state fair association may be leased, subleased, rented, or used for purposes other than the
conducting of the fair during such times when the property is not needed for fair purposes. The
state fair association may contract in its own name, but as an agency of the state, and shall
make all of its purchases pursuant to the purchasing laws of the state through the office of
management and budget, except as may be exempted therefrom by the director of the office of
management and budget as provided by law.4-02.1-17.Name in which business conducted and titles taken - Execution ofwritten instruments. All business of the association shall be conducted under the name of
"North Dakota state fair association". Title to property obtained in regard to the operation of the
association must be obtained and conveyed in the name of the state of North Dakota, doing
business as the North Dakota state fair association. Written instruments must be executed in the
name of the state of North Dakota.4-02.1-18. Certified audit of state fair association. The state fair association shallsubmit annually to the governor and the legislative audit and fiscal review committee an audit
report prepared by a certified public accountant based upon an audit of all records and accounts
of the association.4-02.1-19. Attorney general to act as legal adviser. The attorney general shall appointan assistant attorney general or a special assistant attorney general to provide legal assistance
to the state fair association.The appointment is revocable at the pleasure of the attorneygeneral. The provisions of this section do not prohibit the state fair association from employingPage No. 5any other attorney to carry out the legal functions of the association or provide additional legal
services, other than those provided through the office of the attorney general, necessary for the
proper administration of the state fair association.4-02.1-20. Law enforcement - Arrangements with local law enforcement agencies.The state fair association shall make arrangements with local law enforcement agencies for the
provision of law enforcement personnel. For the purpose of enforcing any state and local laws,
rules, regulations, bylaws, and ordinances of the state fair association, negotiations may be
entered into with local law enforcement agencies for the use of such law enforcement personnel
or the deputizing of employees of the state fair association. The cost of providing such law
enforcement personnel is the responsibility of the state fair association, except in the case of law
enforcement officials who are functioning in their normal capacity as agents of the state or its
political subdivisions. Law enforcement personnel shall wear appropriate badges of office while
acting as such.4-02.1-21. Service of process. In any action or proceeding upon a claim arising out ofthe conducting of the state fair, service of process may be made as provided for in section
53-05-04.4-02.1-22. Exhibition date of fair to be filed. The secretary or other officer delegatedsuch duty shall file with the agriculture commissioner, on or before May first of each year, the
date on which the state fair will be held.4-02.1-23.Regulation and licensing.The state fair association shall regulate allshows, exhibitions, performances, establishments, and privileges carried on during the state fair
and to such end shall supervise and ensure that such enterprises are properly licensed according
to local and state laws. The state fair association may license any enterprises not required to be
licensed by state or local laws, and is charged with the responsibility of seeing that all state and
local laws and all rules and regulations of the fair association are complied with by such shows,
exhibitions, performances, establishments, or those granted fair privileges.4-02.1-24. Unlawful acts. Repealed by S.L. 1975, ch. 106,