Utah 2023 Regular Session

Utah House Bill HB0430 Compare Versions

OldNewDifferences
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
26 1 STATE OLYMPIC COORDINATION AMENDMENTS
37 2 2023 GENERAL SESSION
48 3 STATE OF UTAH
59 4 Chief Sponsor: Jon Hawkins
6-5 Senate Sponsor: Michael K. McKell
10+5 Senate Sponsor: ____________
711 6
812 7LONG TITLE
913 8General Description:
1014 9 This bill enacts the Olympic and Paralympic Winter Games Act.
1115 10Highlighted Provisions:
1216 11 This bill:
1317 12 <defines terms;
1418 13 <creates and describes the duties of the Olympic and Paralympic Winter Games
1519 14Coordination Committee;
1620 15 <renames the "Winter Sports Venue Grant Fund" to the "Olympic and Paralympic
1721 16Venues Grant Fund";
1822 17 <subject to certain requirements, authorizes the governor to sign agreements and
1923 18make other assurances concerning the state's hosting of the Olympic and Paralympic
2024 19Winter Games;
2125 20 <addresses the state's liability under agreements and assurances concerning the state's
2226 21hosting of the Olympic and Paralympic Winter Games;
2327 22 <includes reporting requirements; and
2428 23 <makes technical and conforming changes.
2529 24Money Appropriated in this Bill:
2630 25 None
2731 26Other Special Clauses:
2832 27 None
33+*HB0430* H.B. 430 02-09-23 11:58 AM
34+- 2 -
2935 28Utah Code Sections Affected:
30-29ENACTS: H.B. 430 Enrolled Copy
31-- 2 -
36+29ENACTS:
3237 30 63G-28-101, Utah Code Annotated 1953
3338 31 63G-28-201, Utah Code Annotated 1953
3439 32 63G-28-202, Utah Code Annotated 1953
3540 33 63G-28-203, Utah Code Annotated 1953
3641 34 63G-28-401, Utah Code Annotated 1953
3742 35 63G-28-402, Utah Code Annotated 1953
3843 36RENUMBERS AND AMENDS:
3944 37 63G-28-301, (Renumbered from 51-11-102, as last amended by Laws of Utah 2020,
4045 38Chapters 152, 354)
4146 39 63G-28-302, (Renumbered from 51-11-201, as enacted by Laws of Utah 2018, Chapter
4247 40253)
4348 41REPEALS:
4449 42 51-11-101, as enacted by Laws of Utah 2018, Chapter 253
4550 43
4651 44Be it enacted by the Legislature of the state of Utah:
4752 45 Section 1. Section 63G-28-101 is enacted to read:
4853 46 CHAPTER 28. OLYMPIC AND PARALYMPIC WINTER GAMES ACT
4954 47 Part 1. General Provisions
5055 48 63G-28-101. Definitions.
5156 49 As used in this chapter:
5257 50 (1) "Games" means the 2030 or 2034 Olympic and Paralympic Winter Games.
5358 51 (2) "Games committee" means the Olympic and Paralympic Winter Games
5459 52Coordination Committee created in Section 63G-28-201.
5560 53 (3) "Host agreement" means an agreement with a site selection committee that is made
5661 54in connection with the selection of the state for the location of the games.
5762 55 (4) "Host assurance" means a written assurance to a site selection committee that is
5863 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
6066 - 3 -
61-58that may:
6267 59 (a) provide an application and bid to a site selection committee for selection of the state
6368 60as the location of the games; and
6469 61 (b) execute an agreement with the United States Olympic and Paralympic Committee
6570 62regarding a bid and the bid process to host the games.
6671 63 (6) "Site selection committee" means the International Olympic Committee or the
6772 64International Paralympic Committee.
6873 65 (7) "State security" means a financial obligation undertaken by the state under a host
6974 66agreement.
7075 67 Section 2. Section 63G-28-201 is enacted to read:
7176 68 Part 2. Olympic and Paralympic Winter Games Coordination Committee
7277 69 63G-28-201. Olympic and Paralympic Winter Games Coordination Committee --
7378 70Creation -- Membership -- Chairs -- Quorum -- Compensation -- Staff.
7479 71 (1) There is created the Olympic and Paralympic Winter Games Coordination
7580 72Committee to review and advise the Legislature on issues related to the state's hosting of the
7681 73games.
7782 74 (2) The games committee consists of the following members:
7883 75 (a) three members of the Senate, appointed by the president of the Senate, no more
7984 76than two of whom may be from the same political party; and
8085 77 (b) three members of the House of Representatives, appointed by the speaker of the
8186 78House of Representatives, no more than two of whom may be from the same political party.
8287 79 (3) (a) The president of the Senate shall designate a member of the Senate appointed
8388 80under Subsection (2) as co-chair of the games committee.
8489 81 (b) The speaker of the House of Representatives shall designate a member of the House
8590 82of Representatives appointed under Subsection (2) as co-chair of the games committee.
8691 83 (4) (a) A majority of the members of the games committee constitutes a quorum.
8792 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
9094 86with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
9195 87 (6) The Office of Legislative Research and General Counsel shall:
9296 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 -
9499 90by the games committee.
95100 91 Section 3. Section 63G-28-202 is enacted to read:
96101 92 63G-28-202. Games committee duties.
97102 93 The games committee shall:
98103 94 (1) review issues related to:
99104 95 (a) the state's bid to host or hosting of the games;
100105 96 (b) the impact of hosting the games on the state; and
101106 97 (c) any state security;
102107 98 (2) review a report provided to the games committee under Section 63G-28-203;
103108 99 (3) review a host agreement or host assurance provided to the games committee under
104109 100Section 63G-28-401; and
105110 101 (4) make recommendations to the Legislature regarding a host agreement, a host
106111 102assurance, and the state's role in hosting the games.
107112 103 Section 4. Section 63G-28-203 is enacted to read:
108113 104 63G-28-203. Host committee reports to games committee.
109114 105 At least twice each year and at the request of the games committee, the host committee
110115 106shall provide a report to the games committee regarding:
111116 107 (1) the state's bid to host or hosting of the games;
112117 108 (2) the projected budget for the games; and
113118 109 (3) the financial impact of the games on the state.
114119 110 Section 5. Section 63G-28-301, which is renumbered from Section 51-11-102 is
115120 111renumbered and amended to read:
116121 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.
119123 114As used in this [chapter] part:
120124 115 (1) "Division" means the Division of Facilities Construction and Management created
121125 116in Section 63A-5b-301.
122126 117 (2) "Fund" means the [Winter Sports Venue] Olympic and Paralympic Venues Grant
123127 118Fund.
124128 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 -
126131 121 (4) "Venue" means a facility:
127132 122 (a) designed and currently approved under standards developed by a generally
128133 123recognized sports federation to host world-class level, international winter sports competitions;
129134 124and
130135 125 (b) used for recreational, developmental, and competitive athletic training.
131136 126 (5) "Venue operator" means a person who:
132137 127 (a) operates a venue that is exempt from federal income taxation under Section
133138 128501(c)(3), Internal Revenue Code; or
134139 129 (b) owns a venue or operates a venue under contract with the public owner of the
135140 130venue.
136141 131 Section 6. Section 63G-28-302, which is renumbered from Section 51-11-201 is
137142 132renumbered and amended to read:
138143 133 [51-11-201]. 63G-28-302. Olympic and Paralympic Venues Grant Fund.
139144 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."
141146 136 [(b)] (ii) The fund shall consist of:
142147 137 [(i)] (A) money appropriated to the fund by the Legislature;
143148 138 [(ii)] (B) money donated to the fund from public or private individuals or entities; and
144149 139 [(iii)] (C) interest on fund money.
145150 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.
148152 142 (3) A venue operator's application for a grant award under this section shall include:
149153 143 (a) the number of venues the venue operator plans to construct, [repair, or] improve, or
150154 144repair;
151155 145 (b) the venue operator's proposed improvements, repairs, or construction plans for a
152156 146venue;
153157 147 (c) the estimated cost of the venue operator's proposed improvements, repairs, or
154158 148construction plans for a venue;
155159 149 (d) any plan to use funding sources in addition to a grant award under this section to
156160 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 -
158163 152improvements, or repairs[, or construction] for each venue; and
159164 153 (f) existing or planned contracts or partnerships between the venue operator and other
160165 154individuals or entities to complete venue construction, improvements, or repairs[, or
161166 155construction].
162167 156 (4) The division may only award and distribute [fund money] a grant award to a venue
163168 157operator that submits an application in accordance with Subsection (3).
164169 158 (5) (a) As a condition of an award of a grant [money], the venue operator shall sign an
165170 159agreement with the division governing:
166171 160 (i) the venue operator's responsibilities for expending the grant [money] award; and
167172 161 (ii) the division's and the state's right to review and audit the venue operator's use of the
168173 162grant [money] award and the venue operator's performance under the grant award.
169174 163 (b) The division shall ensure that the agreement contains:
170175 164 (i) a requirement for an annual report and the required contents of [that] the report in
171176 165accordance with Subsection (6)(b);
172177 166 (ii) a right for the division or [its] the division's designee to visit and inspect the venue
173178 167as often as needed before, during, and after construction[, repairs,] or improvements, or repairs
174179 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
177181 170access and audit [all] the financial records relevant to the grant award.
178182 171 (6) (a) A venue operator that receives [fund money] a grant award under this section
179183 172may only use the grant [money] award to construct, improve, or repair[, or construct] a venue.
180184 173 (b) A venue operator that receives [fund money] a grant award under this section shall
181185 174annually file a report with the division [before October 1, 2019, and each year thereafter,] that
182186 175details for the immediately preceding calendar year:
183187 176 (i) the construction, improvements, and repairs, in process or completed, that were
184188 177wholly or partially funded by a grant award under this section;
185189 178 (ii) the total dollar amount expended from the grant award;
186190 179 (iii) an itemized accounting that describes how the venue operator expended the grant
187191 180[money] award;
188192 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 -
190195 183 Section 7. Section 63G-28-401 is enacted to read:
191196 184 Part 4. Agreements
192197 185 63G-28-401. Governor authority to execute host agreement -- Legislative notice.
193198 186 (1) Subject to Subsection (3), the governor may:
194199 187 (a) enter into a host agreement on behalf of the state that provides:
195200 188 (i) state security for:
196201 189 (A) amounts owed by the state to a site selection committee for claims by third parties
197202 190arising out of or relating to the games; and
198203 191 (B) a financial deficit accruing to the state as a result of hosting the games; and
199204 192 (ii) other terms necessary for the state to host the games; and
200205 193 (b) make a host assurance on behalf of the state that is necessary for the state to host
201206 194the games.
202207 195 (2) The state security under a host agreement may not be paid until after:
203208 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
206210 198 (b) the limits of any available insurance policy are expended and exhausted.
207211 199 (3) The governor shall:
208212 200 (a) ensure a host agreement includes:
209213 201 (i) a requirement that a signatory of the host agreement mitigate damages if the
210214 202signatory breaches the host agreement;
211215 203 (ii) a provision allowing the state to terminate the host agreement for another
212216 204signatory's unlawful activity; and
213217 205 (iii) other provisions that protect:
214218 206 (A) the state against liability under the host agreement; and
215219 207 (B) the state's financial assets; and
216220 208 (b) provide a copy of a host agreement or host assurance to the games committee and
217221 209the Legislative Management Committee at least 72 hours before entering into the host
218222 210agreement or making the host assurance.
219223 211 Section 8. Section 63G-28-402 is enacted to read:
220224 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 -
222227 214 (1) The host committee shall:
223228 215 (a) list the state as an additional insured on any insurance policy purchased by the host
224229 216committee to be in effect in connection with the preparation for and conduct of the games; and
225230 217 (b) include in any agreement signed by the host committee that the state is not liable
226231 218for the host committee's failure to perform the duties under the agreement.
227232 219 (2) An insurance policy or other agreement that violates Subsection (1) is void.
228233 220 Section 9. Repealer.
229234 221 This bill repeals:
230235 222 Section 51-11-101, Title.