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    CHAPTER 173STATE FAIRReferred to in 8.32, 8A.502, 163.32, 165B.5, 174.2, 307.24, 322.5, 421.17, 423.3, 717E.1, 717F.7
    173.1State fair authority.
    173.1ADefinitions.
    173.2Convention.
    173.3Certification of state aid associations.
    173.4Voting power — election of district directors.
    173.4AState fair board districts.
    173.5Duties of the convention.
    173.6Terms of office.
    173.7Vacancies.
    173.8Compensation and expenses.
    173.9Secretary.
    173.10Salary of secretary.
    173.11Treasurer.
    173.12Salary of treasurer. Repealed by 2011 Acts, ch 131, §131, 158.
    173.13Executive committee — meetings.
    173.14Functions of the board.
    173.14AGeneral corporate powers of the authority.
    173.14BBonds and notes.
    173.15Management of state fair.
    173.16Maintenance of state fair.
    173.17Claims.
    173.18Warrants.
    173.19Examination of financial affairs.
    173.20Report.
    173.21Annual report to governor.
    173.22Iowa state fair foundation foundation fund.
    173.22AIowa state fairgrounds trust fund.
    173.23Lien on property.
    173.24Exemption of state fair by the state’s purchasing procedures.
    173.1State fair authority.The Iowa state fair authority is established as a public instrumentality of the state. The authority is not an agency of state government. However, the authority is considered a state agency and its employees state employees for the purposes of chapters 17A, 20, 91B, 97B, 509A, and 669. The authority is established to conduct an annual state fair and exposition on the Iowa state fairgrounds and to conduct other interim events consistent with its rules. The powers of the authority are vested in the Iowa state fair board. The Iowa state fair board consists of the following:1.  The governor of the state, the secretary of agriculture, and the president of the Iowa state university of science and technology or their qualified representatives.2.  Two district directors from each state fair board district to be elected at a convention as provided in section 173.4.3.  A president and vice president to be elected by the state fair board from the elected directors.4.  A treasurer to be elected by the board from the elected directors.5.  A secretary to be appointed by the board who shall serve as a nonvoting member.[S13, §1657-c; C24, 27, 31, 35, 39, §2873; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.1; 1981 Acts, ch 67, §1]86 Acts, ch 1245, §625, 626, 87 Acts, ch 233, §225, 91 Acts, ch 248, §1, 2, 95 Acts, ch 13, §2, 98 Acts, ch 1114, §1, 2001 Acts, ch 29, §1, 2010 Acts, ch 1069, §22, 2011 Acts, ch 131, §130, 158Referred to in 99D.13, 173.1A, 673.1173.1ADefinitions.As used in this chapter, unless the context otherwise requires:1.  “Board” means the Iowa state fair board as provided in section 173.1.2.  “Convention” means the convention held each year, to elect members of the state fair board and conduct other business of the board, as provided in section 173.2.3.  “District director” means a director of the Iowa state fair board who represents a state fair board district.4.  “State fair board district” or “district” means any of the six geographic regions established in section 173.4A.2001 Acts, ch 29, §2; 2002 Acts, ch 1119, §25173.2Convention.A convention shall be held at a time and place in Iowa to be designated by the Iowa state fair board each year, to elect members of the state fair board and conduct other business of the board. The board shall give sixty days’ notice of the location of the convention to all agricultural associations and persons eligible to attend. The convention shall be composed of:1.  The members of the state fair board as then organized.2.  The president or secretary of each county or district agricultural society entitled to receive aid from the state, or a regularly elected delegate therefrom accredited in writing, who shall be a resident of the county.3.  One delegate, a resident of the county, to be appointed by the board of supervisors in each county where there is no such society, or when such society fails to report to the association of Iowa fairs in the manner provided by law as a basis for state aid. The association shall promptly report such failure to the county auditor.[R60, §1701, 1704; C73, §1103, 1112; C97, §1653, 1661; S13, §1657-d; SS15, §1661-a; C24, 27, 31, 35, 39, §2874; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.2; 1981 Acts, ch 67, §2-4]1987 Acts, ch 115, §29; 1996 Acts, ch 1028, §1; 1998 Acts, ch 1114, §2; 1999 Acts, ch 204, §28Referred to in 173.1A, 173.3, 174.2, 174.12, 331.321173.3Certification of state aid associations.On or before November 15 of each year, the secretary of agriculture shall certify to the secretary of the state fair board the names of the various associations, fairs, and societies which have qualified for state aid under the provisions of chapters 176A through 178, 181, 182, 186, and 352, and which are entitled to representation in the convention as provided in section 173.2.[C24, 27, 31, 35, 39, §2875; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.3]1990 Acts, ch 1009, §2; 1998 Acts, ch 1032, §5; 2002 Acts, ch 1017, §3,8; 2003 Acts, ch 44, §43,116; 2004 Acts, ch 1019, §5173.4Voting power — election of district directors.1.  Except as provided in this subsection, each member present at the convention shall be entitled to not more than one vote. A member shall not vote by proxy.2.  A successor to a district director shall be elected by a majority of convention members from the same state fair board district as the district director, according to rules adopted by the convention. A member who is also a district director shall not be entitled to vote for a successor to a district director.[S13, §1657-d; C24, 27, 31, 35, 39, §2876; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.4]1991 Acts, ch 248, §3; 1998 Acts, ch 1114, §3; 2001 Acts, ch 29, §3Referred to in 173.1, 173.5173.4AState fair board districts.The state shall be divided into six geographic regions known as state fair board districts. The regions shall include all of the following:1.  The northwest state fair board district which shall contain all of the following counties: Buena Vista, Calhoun, Cherokee, Clay, Dickinson, Emmet, Ida, Lyon, O’Brien, Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, and Woodbury.2.  The north central state fair board district which shall contain all of the following counties: Boone, Butler, Cerro Gordo, Floyd, Franklin, Grundy, Hamilton, Hancock, Hardin, Humboldt, Kossuth, Marshall, Mitchell, Story, Tama, Webster, Winnebago, Worth, and Wright.3.  The northeast state fair board district which shall contain all of the following counties: Allamakee, Benton, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Linn, and Winneshiek.4.  The southwest state fair board district which shall contain the following counties: Adair, Adams, Audubon, Carroll, Cass, Crawford, Fremont, Greene, Guthrie, Harrison, Mills, Monona, Montgomery, Page, Pottawattamie, Shelby, and Taylor.5.  The south central state fair board district which shall contain the following counties: Appanoose, Clarke, Dallas, Decatur, Jasper, Lucas, Madison, Mahaska, Marion, Monroe, Polk, Poweshiek, Ringgold, Union, Warren, and Wayne.6.  The southeast state fair board district which shall contain the following counties: Cedar, Clinton, Davis, Des Moines, Henry, Iowa, Jefferson, Johnson, Keokuk, Lee, Louisa, Muscatine, Scott, Van Buren, Wapello, and Washington.2001 Acts, ch 29, §4Referred to in 173.1A173.5Duties of the convention.1.  The convention shall establish staggered terms of office for the elected directors. Notwithstanding section 173.6, the convention may establish terms of office for initial elected directors for more or less than two years.2.  Each year, the convention shall elect a successor to one of the two district directors whose term expires following the adjournment of the convention, as provided in section 173.4.3.  The Iowa state fair board shall present a financial report to the convention. The report is not required to include an audit, but shall provide an estimate of the accounts under the authority of the board.[R60, §1700; C73, §1104; C97, §1654; S13, §1657-e; C24, 27, 31, 35, 39, §2877; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.5]1991 Acts, ch 248, §4; 1996 Acts, ch 1028, §2; 1998 Acts, ch 1114, §4; 2001 Acts, ch 29, §5173.6Terms of office.1.  The term of the president and vice president of the board shall be one year. A person shall not hold the office of president for more than three consecutive years, plus any portion of a year in which the person was first elected by the board to fill a vacancy.2.  A member of the board who is a district director shall serve a term of two years. The term of a district director shall begin following the adjournment of the convention at which the district director was elected and shall continue until a successor is elected and qualified as provided in this chapter.[R60, §1700; C73, §1104; C97, §1654; S13, §1657-e; C24, 27, 31, 35, 39, §2878; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.6]91 Acts, ch 248, §5, 98 Acts, ch 1114, §5, 99 Acts, ch 96, §18, 2001 Acts, ch 29, §6, 2020 Acts, ch 1062, §94Referred to in 173.5173.7Vacancies.If, after the adjournment of the convention, a vacancy occurs in the office of any member of the board elected by the convention the board shall fill the vacancy by election. The elected member shall qualify at once and serve until noon of the day following the adjournment of the next convention. If, by that time, the member elected by the board will not have completed the full term for which the member’s predecessor was elected, the convention shall elect a member to serve for the unexpired portion of the term. The member elected by the convention shall qualify at the same time as other members elected by the convention.[S13, §1657-e; C24, 27, 31, 35, 39, §2879; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.7]1991 Acts, ch 248, §6173.8Compensation and expenses.A member of the board elected at the annual convention shall be paid a per diem as specified in section 7E.6 and shall be reimbursed for actual and necessary expenses incurred while engaged in official duties. All per diem and expense moneys paid to a member shall be paid from funds of the state fair board.[S13, §1657-p; C24, 27, 31, 35, 39, §2880; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.8]1990 Acts, ch 1256, §32173.9Secretary.The board shall appoint a secretary who shall serve at the pleasure of the board. The secretary shall do all of the following:1.  Administer the policies set by the board.2.  Employ other employees and agents as the secretary deems necessary for carrying out the policies of the board and to conduct the affairs of the state fair. The secretary may fix the duties and compensation of any employees or agents with the approval of the board.3.  Keep a complete record of the annual convention and of all meetings of the board.4.  Draw all warrants on the treasurer of the board and keep a correct account of them.5.  Perform other duties as the board directs.[R60, §1700, 1703; C73, §1104, 1107; C97, §1654, 1656; S13, §1657-k; C24, 27, 31, 35, 39, §2881; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.9]1986 Acts, ch 1245, §627; 1987 Acts, ch 233, §226; 1993 Acts, ch 176, §34173.10Salary of secretary.The compensation and employment terms of the secretary shall be set by the Iowa state fair board with the approval of the governor, taking into consideration the level of knowledge and experience of the secretary.[S13, §1657-n; C24, 27, 31, 35, 39, §2882; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.10]1987 Acts, ch 233, §227; 2008 Acts, ch 1191, §24173.11Treasurer.The board shall elect a treasurer who shall hold office for one year, and the treasurer shall:1.  Keep a correct account of the receipts and disbursements of all moneys belonging to the board.2.  Make payments on all warrants signed by the president and secretary from any funds available for such purpose.3.  Administer the foundation fund under the control of the Iowa state fair foundation, as directed by the board in its capacity as the board of the Iowa state fair foundation. The treasurer shall administer the fund in accordance with procedures of the treasurer of state, and maintain a correct account of receipts and disbursements of assets of the foundation fund.[R60, §1700; C73, §1104; C97, §1654; S13, §1657-o; C24, 27, 31, 35, 39, §2883; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.11]91 Acts, ch 132, §1, 91 Acts, ch 248, §7, 2011 Acts, ch 79, §3, 2012 Acts, ch 1021, §48173.12Salary of treasurer.Repealed by 2011 Acts, ch 131, §131, 158.173.13Executive committee — meetings.The president, vice president, and secretary shall constitute an executive committee, which shall transact such business as may be delegated to it by the board. The president may call meetings of the board or executive committee when the interests of the work require it.[R60, §1104; C73, §1700; C97, §1654; S13, §1657-h; C24, 27, 31, 35, 39, §2885; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.13]173.14Functions of the board.The state fair board has the custody and control of the state fairgrounds, including the buildings and equipment on it belonging to the state, and may:1.  Hold an annual fair and exposition on those grounds. All revenue generated by the fair and any interim uses shall be retained solely by the board.2.  Prepare premium lists and establish rules of exhibitors for the fair which shall be published by the board not later than sixty days prior to the opening of the fair.3.  Grant a written permit to persons as it deems proper to sell fruit, provisions, and other lawful articles under rules the board prescribes.4.  Appoint, as the president deems necessary, security personnel and peace officers qualified according to standards adopted by the board.5.  Take and hold property by gift, devise, or bequest for fair purposes. The president, secretary, and treasurer of the board shall have custody and control of the property, subject to the action of the board. Those officers shall give bonds as required in the case of executors, to be approved by the board and filed with the secretary of state.6.  Erect and repair buildings on the grounds and make other necessary improvements.7.  Grant written permission to persons to use the fairgrounds when the fair is not in progress.8.  Take, acquire, hold, and dispose of property by deed, gift, devise, bequest, lease, or eminent domain. The title to real estate acquired under this subsection and improvements erected on the real estate shall be taken and held in the name of the state of Iowa and shall be under the custody and control of the board. In the exercise of the power of eminent domain the board shall proceed in the manner provided in chapters 6A and 6B.9.  Solicit and accept contributions from private sources for the purpose of financing and supporting the fair.10.  Make an agreement with the department of public safety to provide for security during the annual fair and exposition and interim events.11.  Administer the Iowa state fair foundation created in section 173.22 in its capacity as the board of the Iowa state fair foundation.a.  The board shall administer the foundation fund by authorizing all payments from the foundation fund. The board on behalf of the foundation fund may contract, sue and be sued, and adopt rules necessary to carry out the provisions of this subsection, but the board in administering the foundation fund shall not in any manner, directly or indirectly, pledge the credit of the state.b.  The board shall administer the Iowa state fairgrounds trust fund as trustees of an institutional endowment fund as provided in section 173.22A.[R60, §1702; C73, §1106; C97, §1655; S13, §1657-i, -j, -r; C24, 27, 31, 35, 39, §2886; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.14]83 Acts, ch 195, §23, 86 Acts, ch 1244, §28, 87 Acts, ch 233, §228, 88 Acts, ch 1055, §1, 91 Acts, ch 132, §2, 91 Acts, ch 248, §8, 2011 Acts, ch 79, §4173.14AGeneral corporate powers of the authority.The authority has all of the general corporate powers needed to carry out its purposes and duties, and to exercise its specific powers including, but not limited to, the power to:1.  Issue its negotiable bonds and notes as provided in this chapter.2.  Sue and be sued in its own name.3.  Have and alter a corporate seal.4.  Make and alter bylaws for its management consistent with this chapter.5.  Make and execute agreements, contracts, and other instruments, with any public or private entity.6.  Accept appropriations, gifts, grants, loans, or other aid from public or private entities.7.  Make, alter, and repeal rules consistent with this chapter, subject to chapter 17A.1987 Acts, ch 233, §229173.14BBonds and notes.1.  The board may issue and sell negotiable revenue bonds of the authority in denominations and amounts as the board deems for the best interests of the fair. However, the board must first submit a list of the purposes ranked by priority and a purpose must be authorized by a constitutional majority of each house of the general assembly and approved by the governor. A purpose must be one of the following:a.  To acquire real estate to be devoted to uses for the fair.b.  To pay any expenses or costs incidental to a building or repair project.c.  To provide sufficient funds for the advancement of any of its corporate purposes.2.  The board may issue negotiable bonds and notes of the authority in principal amounts which are necessary to provide sufficient funds for achievement of its corporate purposes, the payment of interest on its bonds and notes, the establishment of reserves to secure its bonds and notes, and all other expenditures of the board incident to and necessary or convenient to carry out its purposes and powers, subject to authorization and approval required under subsection 1. However, the total principal amount of bonds and notes outstanding at any time under subsection 1 and this subsection shall not exceed twenty-five million dollars. The bonds and notes are deemed to be investment securities and negotiable instruments within the meaning of and for all purposes of the uniform commercial code, chapter 554.3.  Bonds and notes are payable solely out of the moneys, assets, or revenues of the authority and as provided in the agreement with bondholders or noteholders pledging any particular moneys, assets, or revenues. Bonds or notes are not an obligation of this state or its political subdivisions other than the authority within the meaning of any constitutional or statutory debt limitations, but are special obligations of the authority payable solely from sources provided in this chapter, and the authority shall not pledge the credit or taxing power of this state or its political subdivisions other than the authority or make its debts payable out of any moneys except those of the authority.4.  Bonds shall:a.  State the date and series of the issue, be consecutively numbered, and state on their face that they are payable both as to principal and interest solely out of the assets of the authority and do not constitute an indebtedness of this state or its political subdivisions other than the authority within the meaning of any constitutional or statutory debt limit.b.  Be either registered, registered as to principal only, or in coupon form, issued in denominations as the board prescribes, fully negotiable instruments under the laws of this state, signed on behalf of the authority with the manual or facsimile signature of the president or vice president, attested by the manual or facsimile signature of the secretary, have impressed or imprinted on it the seal of the authority or facsimile of it, and coupons attached shall be signed with the facsimile signature of the president or vice president, be payable as to interest at rates and at times as the authority determines, be payable as to principal at times over a period not to exceed fifty years from the date of issuance, at places and with reserved rights of prior redemption, as the board prescribes, be sold at prices, at public or private sale, and in a manner as the board prescribes, and the board may pay all expenses, premiums, and commissions which it deems necessary or advantageous in connection with the issuance and sale; and be issued subject to the terms, conditions, and covenant providing for the payment of the principal, redemption premiums, if any, interest, and other terms, conditions, covenants, and protective provisions safeguarding payment, not inconsistent with this chapter, as are found to be necessary by the board for the most advantageous sale, which may include, but are not limited to, covenants with the holders of the bonds as to those matters set forth in section 16.26, subsection 4, paragraph “b”.5.  The board may issue bonds of the authority for the purpose of refunding any bonds or notes of the authority then outstanding, including the payment of any redemption premiums and any interest accrued or to accrue to the date of redemption of the outstanding bonds or notes. Until the proceeds of the bonds issued for the purpose of refunding outstanding bonds or notes are applied to the purchase or retirement of outstanding bonds or notes or the redemption of outstanding bonds or notes, the proceeds may be placed in escrow and be invested and reinvested in accordance with this chapter. The interest, income, and profits earned or realized on an investment may also be applied to the payment of the outstanding bonds or notes to be refunded by purchase, retirement, or redemption. After the terms of the escrow have been fully satisfied and carried out, any balance of proceeds and interest earned or realized on the investments may be returned to the authority for use by it in any lawful manner. All refunding bonds shall be issued and secured and subject to this chapter in the same manner and to the same extent as other bonds.6.  The board may issue negotiable bond anticipation notes of the authority and may renew them from time to time but the maximum maturity of the notes, including renewals, shall not exceed ten years from the date of issue of the original notes. Notes are payable from any available moneys of the authority not otherwise pledged or from the proceeds of the sale of bonds in anticipation of which the notes were issued. Notes may be issued for any corporate purpose of the authority. Notes shall be issued in the same manner as bonds and notes and the resolution of the board may contain any provisions, conditions, or limitations, not inconsistent with this subsection, which the bonds or a bond resolution of the board may contain. Notes may be sold at public or private sale. In case of default on its notes or violation of any obligations of the authority to the noteholders, the noteholders have all the remedies provided in this chapter for bondholders. Notes shall be as fully negotiable as bonds of the authority.7.  A copy of each pledge agreement by or to the authority, including without limitation each bond resolution, indenture of trust, or similar agreement, or any revisions or supplements to it shall be filed with the secretary of state and no further filing or other action under article 9 of the uniform commercial code as provided in chapter 554, or any other law of the state is required to perfect the security interest in the collateral or any additions to it or substitutions for it, and the lien and trust so created is binding from and after the time it is made against all parties having claims of any kind in tort, contract, or otherwise against the pledgor.8.  Members of the board and any person executing the authority’s bonds, notes, or other obligations are not liable personally on the bonds, notes, or other obligations or subject to personal liability or accountability by reason of the issuance of the authority’s bonds or notes.9.  The board shall publish a notice of intention to issue bonds or notes in a newspaper published and of general circulation in the state. The notice shall include a statement of the maximum amount of bonds or notes proposed to be issued, and in general, what net revenues will be pledged to pay the bonds or notes and interest on them. An action shall not be brought questioning the legality of the bonds or notes, the power of the board to issue the bonds or notes, or the legality of any proceedings in connection with the authorization or issuance of the bonds or notes after sixty days from the date of publication of the notice.1987 Acts, ch 233, §230; 1991 Acts, ch 268, §228,229; 1994 Acts, ch 1198, §36; 2005 Acts, ch 3, §44173.15Management of state fair.The board may delegate the management of the state fair to the executive committee and two or more additional members of the board; and in carrying on such fair it may employ such assistance as may be deemed necessary.[S13, §1657-i; C24, 27, 31, 35, 39, §2887; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.15]173.16Maintenance of state fair.1.  All expenses incurred in maintaining the state fairgrounds and in conducting the annual fair on the state fairgrounds, including the compensation and expenses of the officers, members, and employees of the board, shall be recorded by the secretary and paid from the state fair receipts, unless a specific appropriation has been provided for that purpose. The board may request special capital improvement appropriations from the state and may request emergency funding from the executive council for natural disasters. The board may request that the department of transportation provide maintenance in accordance with section 307.24, subsection 5.2.  In order to efficiently administer facilities and events on the state fairgrounds, and to promote Iowa’s conservation ethic, the Iowa state fair board shall handle or dispose of waste generated on the state fairgrounds under supervision of the department of natural resources.[S13, §1657-i, -t; C24, 27, 31, 35, 39, §2888; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.16]87 Acts, ch 233, §231, 89 Acts, ch 311, §25, 92 Acts, ch 1239, §21, 2001 Acts, ch 7, §2, 2002 Acts, ch 1162, §36, 2015 Acts, ch 123, §27, 2020 Acts, ch 1062, §94173.17Claims.The board shall prescribe rules for the presentation and payment of claims out of the state fair receipts and other funds of the board and no claim shall be allowed which does not comply therewith.[C24, 27, 31, 35, 39, §2889; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.17]173.18Warrants.No claim shall be paid by the treasurer except upon a warrant signed by the president and secretary of the board, but this section shall not apply to the payment of state fair premiums.[S13, §1657-o; C24, 27, 31, 35, 39, §2890; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.18]173.19Examination of financial affairs.The auditor of state shall annually examine and report to the executive council all financial affairs of the board.[S13, §1657-q; C24, 27, 31, 35, 39, §2891; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.19]1996 Acts, ch 1028, §3173.20Report.The board shall file each year with the department, at such time as the department may specify, a report containing such information relative to the state fair and exposition and the district and county fairs as the department may require.[C24, 27, 31, 35, 39, §2892; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.20]173.21Annual report to governor.The board shall file with the governor each year by February 15 a report containing the following information relative to the state fair and exposition and the district and county fairs:1.  A complete account of the annual state fair and exposition.2.  The proceedings of the annual state agricultural convention.3.  The proceedings of the annual county and district fair managers convention.[R60, §1703; C73, §1107; C97, §1656; S13, §1657-k; C24, 27, 31, 35, 39, §2893; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §173.21]1987 Acts, ch 233, §232173.22Iowa state fair foundation foundation fund.1.  An Iowa state fair foundation is established under the authority of the Iowa state fair board.2.  A foundation fund is created within the state treasury composed of moneys appropriated or available to and obtained or accepted by the foundation. The foundation fund shall also include moneys transferred to the fund.3.  The foundation may solicit or accept gifts, including donations and bequests. A gift, to the greatest extent possible, shall be used according to the expressed desires of the person providing the gift.4.  Moneys in the foundation fund shall be used to support foundation activities, including foundation administration, or capital projects or major maintenance improvements at the Iowa state fairgrounds or to property under the control of the board.5.a.  Foundation moneys credited to the foundation fund may be expended on a matching basis with public moneys or Iowa state fair authority receipts. All interest earned on moneys in the foundation fund shall be credited to and remain in the fund. Section 8.33 does not apply to moneys in the fund.b.  The auditor of state shall conduct regular audits of the foundation fund and shall make a certified report relating to the condition of the foundation fund to the treasurer of the state, and to the treasurer and secretary of the state fair board.91 Acts, ch 132, §3, 93 Acts, ch 144, §1, 6, 94 Acts, ch 1199, §3 – 6, 2011 Acts, ch 79, §5, 2019 Acts, ch 152, §48, 2021 Acts, ch 177, §76Referred to in 173.14, 173.22A173.22AIowa state fairgrounds trust fund.1.  An Iowa state fairgrounds trust fund is created as an endowment fund under the authority and in the custody of the Iowa state fair board in its capacity as the board of the Iowa state fair foundation. The Iowa state fairgrounds trust fund is not part of the state treasury. The fund shall be composed exclusively of gifts accepted by the board in trust from private donors or testators. The board may accept these gifts in trust and shall fulfill its duties as trustee of gifts accepted notwithstanding section 633.63. The trust beneficiaries shall include all future attendees of events held on the Iowa state fairgrounds. The fund shall be an endowment fund to be used exclusively for the maintenance and improvement of the Iowa state fairgrounds and for no other purpose. The board shall decline any gifts not consistent with these purposes.2.  Moneys in the Iowa state fairgrounds trust fund shall not be deposited in the state treasury, but shall be held separate and apart from both the state fair’s operating moneys and the state fair foundation fund established in section 173.22. The board as trustee shall hold only legal title to these moneys, which shall not form any part of the general fund of the state. The moneys shall not be subject to appropriation by the general assembly or subject to transfer pursuant to chapter 8. The moneys are not and shall not be deemed public funds for any purpose. The fund shall be an institutional endowment fund within the meaning of and subject to chapter 540A. The fund shall not be subject to audit by the auditor of state, but shall be audited annually by a certified public accountant. The annual audit shall be delivered to the auditor of state, who may include it in any further report that the auditor of state deems appropriate. However, an annual audit shall be a confidential record to the extent required in section 22.7, subsection 52. The moneys may be held in perpetuity, subject to the provisions for release or modification of restrictions on the moneys as provided in chapter 540A.2011 Acts, ch 79, §6Referred to in 22.7, 173.14173.23Lien on property.The board has a prior lien upon the property of any concessionaire, exhibitor, or person, immediately upon the property being brought onto the grounds, to secure existing or future indebtedness.1987 Acts, ch 233, §233173.24Exemption of state fair by the state’s purchasing procedures.The state fair is exempt from the state system of uniform purchasing procedures. However, the board may contract with the department of administrative services to purchase any items through the state system. The board shall adopt its own system of uniform standards and specifications for purchasing.1987 Acts, ch 233, §234; 2003 Acts, ch 145, §286