Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 430 (2023GS)

Sponsor

Rep. Hawkins, J.

Final action

Governor Signed 2/21/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates and describes the duties of the Olympic and Paralympic Winter Games Coordination Committee;
• renames the "Winter Sports Venue Grant Fund" to the "Olympic and Paralympic Venues Grant Fund";
• subject to certain requirements, authorizes the governor to sign agreements and make other assurances concerning the state's hosting of the Olympic and Paralympic Winter Games;
• addresses the state's liability under agreements and assurances concerning the state's hosting of the Olympic and Paralympic Winter Games;
• includes reporting requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE OLYMPIC COORDINATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill enacts the Olympic and Paralympic Winter Games Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates and describes the duties of the Olympic and Paralympic Winter Games
Coordination Committee;
▸ renames the "Winter Sports Venue Grant Fund" to the "Olympic and Paralympic
Venues Grant Fund";
▸ subject to certain requirements, authorizes the governor to sign agreements and
make other assurances concerning the state's hosting of the Olympic and Paralympic
Winter Games;
▸ addresses the state's liability under agreements and assurances concerning the state's
hosting of the Olympic and Paralympic Winter Games;
▸ includes reporting requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63G-28-101
, Utah Code Annotated 1953
63G-28-201
, Utah Code Annotated 1953
63G-28-202
, Utah Code Annotated 1953
63G-28-203
, Utah Code Annotated 1953
63G-28-401
, Utah Code Annotated 1953
63G-28-402
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63G-28-301
, (Renumbered from 51-11-102, as last amended by Laws of Utah 2020,
Chapters 152, 354)
63G-28-302
, (Renumbered from 51-11-201, as enacted by Laws of Utah 2018, Chapter
253)
REPEALS:
51-11-101
, as enacted by Laws of Utah 2018, Chapter 253
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-28-101
 is enacted to read:
CHAPTER 28. OLYMPIC AND PARALYMPIC WINTER GAMES ACT
Part 1. General Provisions
 63G-28-101.
Definitions.
As used in this chapter:
(1) "Games" means the 2030 or 2034 Olympic and Paralympic Winter Games.
(2) "Games committee" means the Olympic and Paralympic Winter Games
Coordination Committee created in Section 
63G-28-201
.
(3) "Host agreement" means an agreement with a site selection committee that is made
in connection with the selection of the state for the location of the games.
(4) "Host assurance" means a written assurance to a site selection committee that is
made in connection with the selection of the state for the location of the games.
(5) "Host committee" means a nonprofit corporation, including a successor in interest,
that may:
(a) provide an application and bid to a site selection committee for selection of the state
as the location of the games; and
(b) execute an agreement with the United States Olympic and Paralympic Committee
regarding a bid and the bid process to host the games.
(6) "Site selection committee" means the International Olympic Committee or the
International Paralympic Committee.
(7) "State security" means a financial obligation undertaken by the state under a host
agreement.
Section 2. Section 
63G-28-201
 is enacted to read:
Part 2. Olympic and Paralympic Winter Games Coordination Committee
 63G-28-201.
Olympic and Paralympic Winter Games Coordination Committee --
Creation -- Membership -- Chairs -- Quorum -- Compensation -- Staff.
(1) There is created the Olympic and Paralympic Winter Games Coordination
Committee to review and advise the Legislature on issues related to the state's hosting of the
games.
(2) The games committee consists of the following members:
(a) three members of the Senate, appointed by the president of the Senate, no more
than two of whom may be from the same political party; and
(b) three members of the House of Representatives, appointed by the speaker of the
House of Representatives, no more than two of whom may be from the same political party.
(3) (a) The president of the Senate shall designate a member of the Senate appointed
under Subsection (2) as co-chair of the games committee.
(b) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection (2) as co-chair of the games committee.
(4) (a) A majority of the members of the games committee constitutes a quorum.
(b) The action of a majority of a quorum constitutes action of the games committee.
(5) A member of the games committee shall be paid salary and expenses in accordance
with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
(6) The Office of Legislative Research and General Counsel shall:
(a) provide staff support to the games committee; and
(b) consult with the Office of the Legislative Fiscal Analyst on fiscal issues reviewed
by the games committee.
Section 3. Section 
63G-28-202
 is enacted to read:
 63G-28-202.
Games committee duties.
The games committee shall:
(1) review issues related to:
(a) the state's bid to host or hosting of the games;
(b) the impact of hosting the games on the state; and
(c) any state security;
(2) review a report provided to the games committee under Section 
63G-28-203
;
(3) review a host agreement or host assurance provided to the games committee under
Section 
63G-28-401
; and
(4) make recommendations to the Legislature regarding a host agreement, a host
assurance, and the state's role in hosting the games.
Section 4. Section 
63G-28-203
 is enacted to read:
 63G-28-203.
Host committee reports to games committee.
At least twice each year and at the request of the games committee, the host committee
shall provide a report to the games committee regarding:
(1) the state's bid to host or hosting of the games;
(2) the projected budget for the games; and
(3) the financial impact of the games on the state.
Section 5. Section 
63G-28-301
, which is renumbered from Section 51-11-102 is
renumbered and amended to read:
Part 3. Funds, Accounts, and Grant Programs
[
51-11-102
].
 63G-28-301.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Division" means the Division of Facilities Construction and Management created
in Section 
63A-5b-301
.
(2) "Fund" means the [
Winter Sports Venue
] 
Olympic and Paralympic Venues
 Grant
Fund.
(3) "Improve" or "improvements" means the replacement or addition to infrastructure,
buildings, building components, or facility equipment.
(4) "Venue" means a facility:
(a) designed and currently approved under standards developed by a generally
recognized sports federation to host world-class level, international winter sports competitions;
and
(b) used for recreational, developmental, and competitive athletic training.
(5) "Venue operator" means a person who:
(a) operates a venue that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code; or
(b) owns a venue or operates a venue under contract with the public owner of the
venue.
Section 6. Section 
63G-28-302
, which is renumbered from Section 51-11-201 is
renumbered and amended to read:
[
51-11-201
].
 63G-28-302.
Olympic and Paralympic Venues Grant Fund.
(1) 
(a)
 [
(a)
] 
(i)
 There is created an expendable special revenue fund known as the
[
"Winter Sports
] 
"Olympic and Paralympic Venues
 Venue Grant Fund."
[
(b)
] 
(ii)
 The fund shall consist of:
[
(i)
] 
(A)
 money appropriated to the fund by the Legislature;
[
(ii)
] 
(B)
 money donated to the fund from public or private individuals or entities; and
[
(iii)
] 
(C)
 interest on fund money.
(2) The division shall award grants from the fund to a venue operator to provide
funding for construction, 
improvements, and
 repairs[
, and improvements
] to a venue.
(3) A venue operator's application for a grant 
award
 under this section shall include:
(a) the number of venues the venue operator plans to construct, [
repair, or
] improve
, or
repair
;
(b) the venue operator's proposed improvements, repairs, or construction plans for a
venue;
(c) the estimated cost of the venue operator's proposed improvements, repairs, or
construction plans for a venue;
(d) any plan to use funding sources in addition to a grant 
award
 under this section to
construct,
 improve, 
or
 repair[
, or construct
] a venue;
(e) the amount of [
grant money
] 
the
 requested 
grant award
 to fund the 
construction,
improvements, 
or
 repairs[
, or construction
] for each venue; and
(f) existing or planned contracts or partnerships between the venue operator and other
individuals or entities to complete venue 
construction,
 improvements, 
or
 repairs[
, or
construction
].
(4) The division may only award and distribute [
fund money
] 
a grant award
 to a venue
operator that submits an application in accordance with Subsection (3).
(5) (a) As a condition of an award of 
a
 grant [
money
], the venue operator shall sign an
agreement with the division governing:
(i) the venue operator's responsibilities for expending the grant [
money
] 
award
; and
(ii) the division's and 
the
 state's right to review and audit the venue operator's use of
 the
grant [
money
] 
award
 and the venue operator's performance under the grant 
award
.
(b) The division shall ensure that the agreement contains:
(i) a requirement for an annual report and the required contents of [
that
] 
the
 report in
accordance with Subsection (6)(b);
(ii) a right for the division or [
its
] 
the division's
 designee to visit and inspect the venue
as often as needed before, during, and after construction[
, repairs,
] or improvements
, or repairs
begin or are complete; and
(iii) an absolute right for the division, the state auditor, and the legislative auditor to
access and audit [
all
] 
the
 financial records relevant to the grant 
award
.
(6) (a) A venue operator that receives [
fund money
] 
a grant award
 under this section
may only use the grant [
money
] 
award
 to 
construct,
 improve, 
or
 repair[
, or construct
] a venue.
(b) A venue operator that receives [
fund money
] 
a grant award
 under this section shall
annually
 file a report with the division [
before October 1, 2019, and each year thereafter,
] that
details for the immediately preceding calendar year:
(i) the construction, improvements, and repairs, in process or completed, that were
wholly or partially funded by a grant 
award
 under this section;
(ii) the total dollar amount expended from the grant 
award
;
(iii) an itemized accounting that describes how the venue operator expended the grant
[
money
] 
award
;
(iv) the intended use for 
a
 grant [
money
] 
award
 that has not been expended; and
(v) the results of any evaluations of venue construction, improvements, or repairs.
Section 7. Section 
63G-28-401
 is enacted to read:
Part 4. Agreements
 63G-28-401.
Governor authority to execute host agreement -- Legislative notice.
(1) Subject to Subsection (3), the governor may:
(a) enter into a host agreement on behalf of the state that provides:
(i) state security for:
(A) amounts owed by the state to a site selection committee for claims by third parties
arising out of or relating to the games; and
(B) a financial deficit accruing to the state as a result of hosting the games; and
(ii) other terms necessary for the state to host the games; and
(b) make a host assurance on behalf of the state that is necessary for the state to host
the games.
(2) The state security under a host agreement may not be paid until after:
(a) any security provided by the host committee or another person is expended and
exhausted; and
(b) the limits of any available insurance policy are expended and exhausted.
(3) The governor shall:
(a) ensure a host agreement includes:
(i) a requirement that a signatory of the host agreement mitigate damages if the
signatory breaches the host agreement;
(ii) a provision allowing the state to terminate the host agreement for another
signatory's unlawful activity; and
(iii) other provisions that protect:
(A) the state against liability under the host agreement; and
(B) the state's financial assets; and
(b) provide a copy of a host agreement or host assurance to the games committee and
the Legislative Management Committee at least 72 hours before entering into the host
agreement or making the host assurance.
Section 8. Section 
63G-28-402
 is enacted to read:
 63G-28-402.
Host committee insurance agreements -- State liability under host
committee agreements.
(1) The host committee shall:
(a) list the state as an additional insured on any insurance policy purchased by the host
committee to be in effect in connection with the preparation for and conduct of the games; and
(b) include in any agreement signed by the host committee that the state is not liable
for the host committee's failure to perform the duties under the agreement.
(2) An insurance policy or other agreement that violates Subsection (1) is void.
Section 9. 
Repealer.
This bill repeals:
Section 
51-11-101
,
Title.