Utah 2025 Regular Session

Utah House Bill HB0331 Latest Draft

Bill / Introduced Version Filed 01/24/2025

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Olympics Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies provisions of the Olympic and Paralympic Winter Games Act.
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Highlighted Provisions:
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This bill:
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▸ codifies requirements that relate to a sale or transfer of part of an Olympic facility, which
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requirements were previously approved by the Legislature via joint resolutions;
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▸ codifies requirements that must be met before any portion of an Olympic facility may be
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sold or transferred;
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▸ requires the governor, or the governor's designee, and an Olympic facility manager to
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meet with the Legislative Management Committee in connection with approving a sale
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of a part of an Olympic facility; and
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▸ requires an Olympic facility manager to give prior notice of certain structural changes in
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the organization to the Legislative Management Committee.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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63G-28-403, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 63G-28-403 is enacted to read:
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63G-28-403 . Requirements for sale of any interest in an Olympic facility.
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(1) As used in this section:
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(a) "Olympic facility" means a building, area of land, an area of land with
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improvements, or any other real property that is used, or is intended be used, for
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sporting or other official events of the 2034 Olympic and Paralympic Winter Games.
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(b)(i) "Olympic facility manager" means an entity that owns, controls, operates, or
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manages a facility that:
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(A) is an Olympic facility; and
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(B) was constructed primarily by the state, or a state agency, using state funds and
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for the purpose of serving as a facility for use in an Olympic and Paralympic
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Winter Games.
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(ii) "Olympic facility manager" does not include the state or a political subdivision.
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(c) "Political subdivision" means the same as that term is defined in Section 63A-15-102.
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(d) "Sale," "sell," "sells," or "sold" means to transfer ownership, title to, control of, or
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possession of real property or an interest in real property, with or without
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consideration.
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(2)(a) Before any interest in, or any property contained within, an Olympic facility is
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sold by an Olympic facility manager, the following conditions shall be met:
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(i) the aggregate of all negotiated sales conducted under this section may not exceed
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10% of the original acreage of the Olympic facility;
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(ii) the Olympic facility manager shall ensure that any transaction involving a sale of
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a portion of an Olympic facility:
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(A) provides for a fair return on the value of the real property or interest being
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sold; and
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(B) does not result in the Olympic facility manager bearing any financial risk for
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the development or use of the portion of the Olympic facility that is sold;
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(iii) an Olympic facility manager shall give notice of a potential sale in writing to the
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governor, the president of the Senate, and the speaker of the House of
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Representatives before entering into any negotiation, contract, or agreement that
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involves the sale of a portion of an Olympic facility;
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(iv) before executing any agreement that obligates an Olympic facility manager to
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sell a portion of an Olympic facility, the Olympic facility manager shall:
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(A) obtain the written approval of the governor, subject to Subsection (2)(b);
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(B) meet with the Legislative Management Committee as required under
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Subsection (2)(c); and
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(C) obtain the approval of the Legislature by means of a joint resolution;
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(v) an Olympic facility manager may not agree to the imposition of a lien, mortgage,
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debt, trust deed, pledge, assignment, judgment, or any other financial
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encumbrance or obligation against an Olympic facility, but may encumber that
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portion of the Olympic facility that is not being sold to grant rights-of-way or
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easements, but only to the extent:
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(A) necessary for the real estate development on the portion of the Olympic
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facility being sold; and
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(B) approved in writing by the governor after the governor determines that the
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Olympic facility manager is legally able to encumber the Olympic facility;
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(vi) before executing any agreement obligating an Olympic facility manager to sell a
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portion of an Olympic facility, the Olympic facility manager shall:
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(A) obtain a written legal opinion that any legal requirements or restrictions
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related to the sale of a portion of the Olympic facility can be satisfied before
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the execution of the sale of a portion of the Olympic facility; and
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(B) provide a copy of the legal opinion to the governor, the president of the
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Senate, and the speaker of the House or Representatives; and
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(vii) an Olympic facility manager shall enter into an agreement with the governor's
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office, or other entity designated by the governor's office, to indemnify, hold
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harmless, and release the state and any of the state's entities, officers, members,
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agents, volunteers, and employees from and against any and all losses, claims,
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damages, injuries, liabilities, suits, or proceedings arising out of any transaction to
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sell a portion of an Olympic facility or the performance of any transaction,
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including court costs, reasonable attorney fees and disbursements, and all amounts
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paid in investigation, defense, or settlement in connection with, arising out of, or
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resulting from a transaction to sell a portion of an Olympic facility.
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(b) Before providing any written approval that is required in Subsection (2)(a)(iv):
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(i) the governor shall take reasonable steps to ensure that any legal requirements or
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restrictions on the state related to the sale of a portion of the Olympic facility can
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be satisfied before the execution date of the sale, including, as applicable,
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termination of any reversionary interest held by the state in any portion of the
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Olympic facility being sold; and
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(ii) the governor or the governor's designee shall meet with the Legislative
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Management Committee to:
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(A) inform the Legislative Management Committee of whether the governor
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intends to provide written approval under this section;
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(B) report on the timeline and status of the governor's required actions under this
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section; and
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(C) answer questions from the Legislative Management Committee.
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(c) Before executing any agreement that obligates an Olympic facility manager to sell a
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portion of an Olympic facility, the Olympic facility manager shall meet with the
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Legislative Management Committee to:
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(i) inform the Legislative Management Committee of the status of any negotiation or
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sale;
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(ii) report on the timeline and status of the Olympic facility manager's required
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actions under this section; and
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(iii) answer questions from the Legislative Management Committee.
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(3) An Olympic facility manager shall, before making any change in its articles of
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incorporation, bylaws, or changes in the requirements of its membership, meet with the
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Legislative Management Committee to give notice of the proposed changes and to
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answer questions from the Legislative Management Committee.
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Section 2.  Effective Date.
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This bill takes effect on May 7, 2025.
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