Utah 2023 Regular Session

Utah House Bill HB0430 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 430
	1	+	H.B. 430
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: E.A. Evans 6
	4	+	6 02-09-23 11:58 AM 6
	5	+	H.B. 430
2	6		1 STATE OLYMPIC COORDINATION AMENDMENTS
3	7		2 2023 GENERAL SESSION
4	8		3 STATE OF UTAH
5	9		4 Chief Sponsor: Jon Hawkins
6		-	5 Senate Sponsor: ~~Michael K. McKell~~
	10	+	5 Senate Sponsor: ____________
7	11		6
8	12		7LONG TITLE
9	13		8General Description:
10	14		9 This bill enacts the Olympic and Paralympic Winter Games Act.
11	15		10Highlighted Provisions:
12	16		11 This bill:
13	17		12 <defines terms;
14	18		13 <creates and describes the duties of the Olympic and Paralympic Winter Games
15	19		14Coordination Committee;
16	20		15 <renames the "Winter Sports Venue Grant Fund" to the "Olympic and Paralympic
17	21		16Venues Grant Fund";
18	22		17 <subject to certain requirements, authorizes the governor to sign agreements and
19	23		18make other assurances concerning the state's hosting of the Olympic and Paralympic
20	24		19Winter Games;
21	25		20 <addresses the state's liability under agreements and assurances concerning the state's
22	26		21hosting of the Olympic and Paralympic Winter Games;
23	27		22 <includes reporting requirements; and
24	28		23 <makes technical and conforming changes.
25	29		24Money Appropriated in this Bill:
26	30		25 None
27	31		26Other Special Clauses:
28	32		27 None
	33	+	HB0430 H.B. 430 02-09-23 11:58 AM
	34	+	- 2 -
29	35		28Utah Code Sections Affected:
30		-	29ENACTS: H.B. 430 Enrolled Copy
31		-	- 2 -
	36	+	29ENACTS:
32	37		30 63G-28-101, Utah Code Annotated 1953
33	38		31 63G-28-201, Utah Code Annotated 1953
34	39		32 63G-28-202, Utah Code Annotated 1953
35	40		33 63G-28-203, Utah Code Annotated 1953
36	41		34 63G-28-401, Utah Code Annotated 1953
37	42		35 63G-28-402, Utah Code Annotated 1953
38	43		36RENUMBERS AND AMENDS:
39	44		37 63G-28-301, (Renumbered from 51-11-102, as last amended by Laws of Utah 2020,
40	45		38Chapters 152, 354)
41	46		39 63G-28-302, (Renumbered from 51-11-201, as enacted by Laws of Utah 2018, Chapter
42	47		40253)
43	48		41REPEALS:
44	49		42 51-11-101, as enacted by Laws of Utah 2018, Chapter 253
45	50		43
46	51		44Be it enacted by the Legislature of the state of Utah:
47	52		45 Section 1. Section 63G-28-101 is enacted to read:
48	53		46 CHAPTER 28. OLYMPIC AND PARALYMPIC WINTER GAMES ACT
49	54		47 Part 1. General Provisions
50	55		48 63G-28-101. Definitions.
51	56		49 As used in this chapter:
52	57		50 (1) "Games" means the 2030 or 2034 Olympic and Paralympic Winter Games.
53	58		51 (2) "Games committee" means the Olympic and Paralympic Winter Games
54	59		52Coordination Committee created in Section 63G-28-201.
55	60		53 (3) "Host agreement" means an agreement with a site selection committee that is made
56	61		54in connection with the selection of the state for the location of the games.
57	62		55 (4) "Host assurance" means a written assurance to a site selection committee that is
58	63		56made in connection with the selection of the state for the location of the games.
59		-	57 (5) "Host committee" means a nonprofit corporation, including a successor in interest, Enrolled Copy H.B. 430
	64	+	57 (5) "Host committee" means a nonprofit corporation, including a successor in interest,
	65	+	58that may: 02-09-23 11:58 AM H.B. 430
60	66		- 3 -
61		-	58that may:
62	67		59 (a) provide an application and bid to a site selection committee for selection of the state
63	68		60as the location of the games; and
64	69		61 (b) execute an agreement with the United States Olympic and Paralympic Committee
65	70		62regarding a bid and the bid process to host the games.
66	71		63 (6) "Site selection committee" means the International Olympic Committee or the
67	72		64International Paralympic Committee.
68	73		65 (7) "State security" means a financial obligation undertaken by the state under a host
69	74		66agreement.
70	75		67 Section 2. Section 63G-28-201 is enacted to read:
71	76		68 Part 2. Olympic and Paralympic Winter Games Coordination Committee
72	77		69 63G-28-201. Olympic and Paralympic Winter Games Coordination Committee --
73	78		70Creation -- Membership -- Chairs -- Quorum -- Compensation -- Staff.
74	79		71 (1) There is created the Olympic and Paralympic Winter Games Coordination
75	80		72Committee to review and advise the Legislature on issues related to the state's hosting of the
76	81		73games.
77	82		74 (2) The games committee consists of the following members:
78	83		75 (a) three members of the Senate, appointed by the president of the Senate, no more
79	84		76than two of whom may be from the same political party; and
80	85		77 (b) three members of the House of Representatives, appointed by the speaker of the
81	86		78House of Representatives, no more than two of whom may be from the same political party.
82	87		79 (3) (a) The president of the Senate shall designate a member of the Senate appointed
83	88		80under Subsection (2) as co-chair of the games committee.
84	89		81 (b) The speaker of the House of Representatives shall designate a member of the House
85	90		82of Representatives appointed under Subsection (2) as co-chair of the games committee.
86	91		83 (4) (a) A majority of the members of the games committee constitutes a quorum.
87	92		84 (b) The action of a majority of a quorum constitutes action of the games committee.
88		-	85 (5) A member of the games committee shall be paid salary and expenses in accordance H.B. 430 Enrolled Copy
89		-	- 4 -
	93	+	85 (5) A member of the games committee shall be paid salary and expenses in accordance
90	94		86with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
91	95		87 (6) The Office of Legislative Research and General Counsel shall:
92	96		88 (a) provide staff support to the games committee; and
93		-	89 (b) consult with the Office of the Legislative Fiscal Analyst on fiscal issues reviewed
	97	+	89 (b) consult with the Office of the Legislative Fiscal Analyst on fiscal issues reviewed H.B. 430 02-09-23 11:58 AM
	98	+	- 4 -
94	99		90by the games committee.
95	100		91 Section 3. Section 63G-28-202 is enacted to read:
96	101		92 63G-28-202. Games committee duties.
97	102		93 The games committee shall:
98	103		94 (1) review issues related to:
99	104		95 (a) the state's bid to host or hosting of the games;
100	105		96 (b) the impact of hosting the games on the state; and
101	106		97 (c) any state security;
102	107		98 (2) review a report provided to the games committee under Section 63G-28-203;
103	108		99 (3) review a host agreement or host assurance provided to the games committee under
104	109		100Section 63G-28-401; and
105	110		101 (4) make recommendations to the Legislature regarding a host agreement, a host
106	111		102assurance, and the state's role in hosting the games.
107	112		103 Section 4. Section 63G-28-203 is enacted to read:
108	113		104 63G-28-203. Host committee reports to games committee.
109	114		105 At least twice each year and at the request of the games committee, the host committee
110	115		106shall provide a report to the games committee regarding:
111	116		107 (1) the state's bid to host or hosting of the games;
112	117		108 (2) the projected budget for the games; and
113	118		109 (3) the financial impact of the games on the state.
114	119		110 Section 5. Section 63G-28-301, which is renumbered from Section 51-11-102 is
115	120		111renumbered and amended to read:
116	121		112 Part 3. Funds, Accounts, and Grant Programs
117		-	113 [51-11-102]. 63G-28-301. Definitions. Enrolled Copy H.B. 430
118		-	- 5 -
	122	+	113 [51-11-102]. 63G-28-301. Definitions.
119	123		114As used in this [chapter] part:
120	124		115 (1) "Division" means the Division of Facilities Construction and Management created
121	125		116in Section 63A-5b-301.
122	126		117 (2) "Fund" means the [Winter Sports Venue] Olympic and Paralympic Venues Grant
123	127		118Fund.
124	128		119 (3) "Improve" or "improvements" means the replacement or addition to infrastructure,
125		-	120buildings, building components, or facility equipment.
	129	+	120buildings, building components, or facility equipment. 02-09-23 11:58 AM H.B. 430
	130	+	- 5 -
126	131		121 (4) "Venue" means a facility:
127	132		122 (a) designed and currently approved under standards developed by a generally
128	133		123recognized sports federation to host world-class level, international winter sports competitions;
129	134		124and
130	135		125 (b) used for recreational, developmental, and competitive athletic training.
131	136		126 (5) "Venue operator" means a person who:
132	137		127 (a) operates a venue that is exempt from federal income taxation under Section
133	138		128501(c)(3), Internal Revenue Code; or
134	139		129 (b) owns a venue or operates a venue under contract with the public owner of the
135	140		130venue.
136	141		131 Section 6. Section 63G-28-302, which is renumbered from Section 51-11-201 is
137	142		132renumbered and amended to read:
138	143		133 [51-11-201]. 63G-28-302. Olympic and Paralympic Venues Grant Fund.
139	144		134 (1) (a) [(a)] (i) There is created an expendable special revenue fund known as the
140		-	135["Winter Sports ~~Venue~~] "Olympic and Paralympic Venues Grant Fund."
	145	+	135["Winter Sports] "Olympic and Paralympic Venues Venue Grant Fund."
141	146		136 [(b)] (ii) The fund shall consist of:
142	147		137 [(i)] (A) money appropriated to the fund by the Legislature;
143	148		138 [(ii)] (B) money donated to the fund from public or private individuals or entities; and
144	149		139 [(iii)] (C) interest on fund money.
145	150		140 (2) The division shall award grants from the fund to a venue operator to provide
146		-	141funding for construction, improvements, and repairs[, and improvements] to a venue. H.B. 430 Enrolled Copy
147		-	- 6 -
	151	+	141funding for construction, improvements, and repairs[, and improvements] to a venue.
148	152		142 (3) A venue operator's application for a grant award under this section shall include:
149	153		143 (a) the number of venues the venue operator plans to construct, [repair, or] improve, or
150	154		144repair;
151	155		145 (b) the venue operator's proposed improvements, repairs, or construction plans for a
152	156		146venue;
153	157		147 (c) the estimated cost of the venue operator's proposed improvements, repairs, or
154	158		148construction plans for a venue;
155	159		149 (d) any plan to use funding sources in addition to a grant award under this section to
156	160		150construct, improve, or repair[, or construct] a venue;
157		-	151 (e) the amount of [grant money] the requested grant award to fund the construction,
	161	+	151 (e) the amount of [grant money] the requested grant award to fund the construction, H.B. 430 02-09-23 11:58 AM
	162	+	- 6 -
158	163		152improvements, or repairs[, or construction] for each venue; and
159	164		153 (f) existing or planned contracts or partnerships between the venue operator and other
160	165		154individuals or entities to complete venue construction, improvements, or repairs[, or
161	166		155construction].
162	167		156 (4) The division may only award and distribute [fund money] a grant award to a venue
163	168		157operator that submits an application in accordance with Subsection (3).
164	169		158 (5) (a) As a condition of an award of a grant [money], the venue operator shall sign an
165	170		159agreement with the division governing:
166	171		160 (i) the venue operator's responsibilities for expending the grant [money] award; and
167	172		161 (ii) the division's and the state's right to review and audit the venue operator's use of the
168	173		162grant [money] award and the venue operator's performance under the grant award.
169	174		163 (b) The division shall ensure that the agreement contains:
170	175		164 (i) a requirement for an annual report and the required contents of [that] the report in
171	176		165accordance with Subsection (6)(b);
172	177		166 (ii) a right for the division or [its] the division's designee to visit and inspect the venue
173	178		167as often as needed before, during, and after construction[, repairs,] or improvements, or repairs
174	179		168begin or are complete; and
175		-	169 (iii) an absolute right for the division, the state auditor, and the legislative auditor to Enrolled Copy H.B. 430
176		-	- 7 -
	180	+	169 (iii) an absolute right for the division, the state auditor, and the legislative auditor to
177	181		170access and audit [all] the financial records relevant to the grant award.
178	182		171 (6) (a) A venue operator that receives [fund money] a grant award under this section
179	183		172may only use the grant [money] award to construct, improve, or repair[, or construct] a venue.
180	184		173 (b) A venue operator that receives [fund money] a grant award under this section shall
181	185		174annually file a report with the division [before October 1, 2019, and each year thereafter,] that
182	186		175details for the immediately preceding calendar year:
183	187		176 (i) the construction, improvements, and repairs, in process or completed, that were
184	188		177wholly or partially funded by a grant award under this section;
185	189		178 (ii) the total dollar amount expended from the grant award;
186	190		179 (iii) an itemized accounting that describes how the venue operator expended the grant
187	191		180[money] award;
188	192		181 (iv) the intended use for a grant [money] award that has not been expended; and
189		-	182 (v) the results of any evaluations of venue construction, improvements, or repairs.
	193	+	182 (v) the results of any evaluations of venue construction, improvements, or repairs. 02-09-23 11:58 AM H.B. 430
	194	+	- 7 -
190	195		183 Section 7. Section 63G-28-401 is enacted to read:
191	196		184 Part 4. Agreements
192	197		185 63G-28-401. Governor authority to execute host agreement -- Legislative notice.
193	198		186 (1) Subject to Subsection (3), the governor may:
194	199		187 (a) enter into a host agreement on behalf of the state that provides:
195	200		188 (i) state security for:
196	201		189 (A) amounts owed by the state to a site selection committee for claims by third parties
197	202		190arising out of or relating to the games; and
198	203		191 (B) a financial deficit accruing to the state as a result of hosting the games; and
199	204		192 (ii) other terms necessary for the state to host the games; and
200	205		193 (b) make a host assurance on behalf of the state that is necessary for the state to host
201	206		194the games.
202	207		195 (2) The state security under a host agreement may not be paid until after:
203	208		196 (a) any security provided by the host committee or another person is expended and
204		-	197exhausted; and H.B. 430 Enrolled Copy
205		-	- 8 -
	209	+	197exhausted; and
206	210		198 (b) the limits of any available insurance policy are expended and exhausted.
207	211		199 (3) The governor shall:
208	212		200 (a) ensure a host agreement includes:
209	213		201 (i) a requirement that a signatory of the host agreement mitigate damages if the
210	214		202signatory breaches the host agreement;
211	215		203 (ii) a provision allowing the state to terminate the host agreement for another
212	216		204signatory's unlawful activity; and
213	217		205 (iii) other provisions that protect:
214	218		206 (A) the state against liability under the host agreement; and
215	219		207 (B) the state's financial assets; and
216	220		208 (b) provide a copy of a host agreement or host assurance to the games committee and
217	221		209the Legislative Management Committee at least 72 hours before entering into the host
218	222		210agreement or making the host assurance.
219	223		211 Section 8. Section 63G-28-402 is enacted to read:
220	224		212 63G-28-402. Host committee insurance agreements -- State liability under host
221		-	213committee agreements.
	225	+	213committee agreements. H.B. 430 02-09-23 11:58 AM
	226	+	- 8 -
222	227		214 (1) The host committee shall:
223	228		215 (a) list the state as an additional insured on any insurance policy purchased by the host
224	229		216committee to be in effect in connection with the preparation for and conduct of the games; and
225	230		217 (b) include in any agreement signed by the host committee that the state is not liable
226	231		218for the host committee's failure to perform the duties under the agreement.
227	232		219 (2) An insurance policy or other agreement that violates Subsection (1) is void.
228	233		220 Section 9. Repealer.
229	234		221 This bill repeals:
230	235		222 Section 51-11-101, Title.