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