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