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Third Substitute S.B. 218
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5 AN ACT RELATING TO PUBLIC SAFETY AND STATE AFFAIRS; CREATING THE STATE
6 OLYMPIC ENFORCEMENT COMMAND AND TRANSPORTATION COMMITTEE;
7 ESTABLISHING THE POWERS OF THE COMMAND AND COMMITTEE; AMENDING
8 OLYMPIC REPORTING AND APPROVAL REQUIREMENTS; MAKING TECHNICAL
9 CORRECTIONS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEAL
10 DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 53-1-104, as last amended by Chapters 215 and 314, Laws of Utah 1995
14 63A-7-106, as last amended by Chapter 186, Laws of Utah 1996
15 63A-10-105, as enacted by Chapter 186, Laws of Utah 1996
16 ENACTS:
17 53-10-101, Utah Code Annotated 1953
18 53-10-102, Utah Code Annotated 1953
19 53-10-201, Utah Code Annotated 1953
20 53-10-202, Utah Code Annotated 1953
21 63-49-201, Utah Code Annotated 1953
22 63-49-202, Utah Code Annotated 1953
23 63-49-203, Utah Code Annotated 1953
24 63-49-204, Utah Code Annotated 1953
25 63-55b-5301, Utah Code Annotated 1953
26 63-55b-6301, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:
1 Section 1. Section 53-1-104 is amended to read:
2 53-1-104. Boards, councils, divisions, offices, and commands.
3 (1) The following are the policymaking boards within the department:
4 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
5 (b) the Concealed Weapon Review Board, created in Section 53-5-703;
6 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
7 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
8 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
9 (2) The following are the councils within the department:
10 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106; and
11 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section 53-8-203.
12 (3) The following are the divisions within the department:
13 (a) the Administrative Services Division, created in Section 53-1-203;
14 (b) the Management Information Services Division, created in Section 53-1-303;
15 (c) the Comprehensive Emergency Management Division, created in Section 53-2-103;
16 (d) the Driver License Division, created in Section 53-3-103;
17 (e) the Investigations Division, created in Section 53-4-103;
18 (f) the Law Enforcement and Technical Services Division, created in Section 53-5-103;
19 (g) the Peace Officers Standards and Training Division, created in Section 53-6-103;
20 (h) the State Fire Marshal Division, created in Section 53-7-103; and
21 (i) the Utah Highway Patrol Division, created in Section 53-8-103.
22 (4) The Office of Executive Protection is created in Section 53-1-112.
23 (5) The State Olympic Law Enforcement Command created within the department by
24 Section 53-10-201.
25 Section 2. Section 53-10-101 is enacted to read:
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28 53-10-101. Title.
29 This chapter shall be known as the "State Olympic Law Enforcement Command Act."
30 Section 3. Section 53-10-102 is enacted to read:
31 53-10-102. Definitions.
1 As used in this chapter:
2 (1) "Command" means the State Olympic Law Enforcement Command created in Section
3 53-10-201.
4 (2) (a) "Law enforcement services" means those services that:
5 (i) the department is required to provide or may provide by law; and
6 (ii) other state law enforcement agencies are required to provide or may provide by law.
7 (b) "Law enforcement services" includes programs and services to:
8 (i) reduce or prevent crime;
9 (ii) reduce death and injuries on highways;
10 (iii) prepare for and respond to an emergency;
11 (iv) provide forensic, communications, and records support services;
12 (v) provide for crowd and traffic safety;
13 (vi) provide for or assist in criminal investigation; and
14 (vii) improve criminal justice processes.
15 (3) "Olympics" means the 2002 Winter Olympic Games to be hosted by Salt Lake City.
16 (4) "Organizing committee" means the Salt Lake Olympic Organizing Committee for the
17 Olympic Winter Games of 2002.
18 (5) "State agency" means any department, division, commission, council, board, bureau,
19 committee, institution, government corporation, or other establishment or official of this state,
20 except the Legislature, and includes a state institution of higher education and the Utah Sports
21 Authority created in Section 63A-7-104.
22 (6) "State law enforcement agency" means an entity of the state or a political subdivision
23 of the state, including a state institution of higher education, that exists primarily to prevent and
24 detect crime and enforce criminal laws, statutes, and ordinances.
25 (7) "State Olympic Coordinator" means the State Olympic Coordinator appointed under
26 Section 63A-10-103.
27 (8) "Venue" is a location designated as a venue by the organizing committee.
28 Section 4. Section 53-10-201 is enacted to read:
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30 53-10-201. State Olympic Law Enforcement Command -- Creation -- Membership
31 -- Chair -- Executive director -- Quorum -- Compensation.
1 (1) There is created within the department the "State Olympic Law Enforcement
2 Command" consisting of the following members:
3 (a) the commissioner;
4 (b) the Deputy Adjutant General of the Utah National Guard; and
5 (c) the chief law enforcement officer of:
6 (i) each county or municipality where an Olympic venue is located; and
7 (ii) the University of Utah.
8 (2) The commissioner shall serve as chair of the command and call all necessary meetings.
9 (3) The attorney general's office shall provide legal counsel for the command.
10 (4) A majority of the members constitutes a quorum for the transaction of business. The
11 action of a majority of a quorum constitutes the action of the command.
12 (5) (a) (i) A state government member who does not receive salary, per diem, or expenses
13 from the state for the member's service may receive per diem and expenses incurred in the
14 performance of the member's official duties as a member of the command at the rates established
15 by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
16 (ii) A state government member who is a member because of the member's state
17 government position may not receive per diem or expenses for the member's service.
18 (iii) A state government member may decline to receive per diem and expenses for the
19 member's service.
20 (b) (i) A local government member who does not receive salary, per diem, or expenses
21 from the entity that the member represents for the member's service may receive per diem and
22 expenses incurred in the performance of the member's official duties as a member of the command
23 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
24 (ii) A local government member may decline to receive per diem and expenses for the
25 member's service.
26 Section 5. Section 53-10-202 is enacted to read:
27 53-10-202. Duties and powers of the command.
28 (1) The command shall:
29 (a) coordinate personnel and resources of state law enforcement agencies providing law
30 enforcement services related to the Olympics;
31 (b) work with the State Olympic Coordinator in obtaining assistance from state agencies
1 in accordance with Section 53-10-302;
2 (c) coordinate law enforcement services by state law enforcement agencies; and
3 (d) contract with the organizing committee and federal agencies listed in Subsection (2)
4 for the provision of law enforcement services.
5 (2) (a) The command shall prepare and deliver to the governor and to the Transportation
6 and Public Safety Interim Committee by no later than the Transportation and Public Safety's
7 Interim Committee's September 1997 interim meeting the following:
8 (i) the command's recommendations regarding what duties and powers the command
9 should exercise in addition to the duties and powers specified in this chapter; and
10 (ii) the command's plan for coordinating law enforcement services necessary for the
11 Olympics.
12 (b) If the command cannot reach agreement or otherwise made recommendations as
13 provided under Subsection (2)(a), the governor, in consultation with the speaker of the House of
14 Representatives and the president of the Senate, shall make recommendations to the Legislature
15 for its 1998 Annual General Session regarding the duties and powers of the command.
16 (3) The command shall comply with Title 63A, Chapter 10, State Olympic Coordination
17 Act, in entering into any contract, financial arrangement, or agreement under this chapter.
18 Section 6. Section 63-49-201 is enacted to read:
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20 63-49-201. Title.
21 This part shall be known as the "State Olympic Transportation Act."
22 Section 7. Section 63-49-202 is enacted to read:
23 63-49-202. Definitions.
24 As used in this part:
25 (1) "Committee" means the State Olympic Transportation Committee created in Section
26 63-49-203.
27 (2) "Olympics" means the 2002 Winter Olympic Games to be hosted by Salt Lake City.
28 (3) "Organizing committee" means the Salt Lake Olympic Organizing Committee for the
29 Olympic Winter Games of 2002.
30 (4) "State agency" means any department, division, commission, council, board, bureau,
31 committee, institution, government corporation, or other establishment or official of this state,
1 except the Legislature, and includes a state institution of higher education and the Utah Sports
2 Authority created in Section 63A-7-104.
3 (5) "State highway services" means providing state highway purposes as defined in
4 Section 27-12-96 as it relates to the Olympics.
5 (6) "State transportation agency" means:
6 (a) a "highway authority" under Subsection 27-12-2(7);
7 (b) an agency of a state institution of higher education institution that exists to provide
8 state highways services; and
9 (c) the Utah Transit Authority.
10 (7) "State Olympic Coordinator" means the State Olympic Coordinator appointed under
11 Section 63A-10-103.
12 (8) "Venue" is a location designated as a venue by the organizing committee.
13 Section 8. Section 63-49-203 is enacted to read:
14 63-49-203. State Olympic Transportation Committee -- Creation -- Membership --
15 Chair -- Quorum -- Compensation.
16 (1) There is created within the department the "State Olympic Transportation Committee"
17 consisting of the following members:
18 (a) the executive director or the executive director's designee;
19 (b) a transportation commissioner as designated by the commission's chair;
20 (c) the chief transportation officer, if not the same individual as described in Subsection
21 (1)(a); and
22 (d) a transportation representative appointed by:
23 (i) the University of Utah; and
24 (ii) each county or municipality where an Olympic venue is located.
25 (2) The executive director shall serve as chair of the committee and call all necessary
26 meetings.
27 (3) The attorney general's office shall provide legal counsel for the committee.
28 (4) A majority of the members constitutes a quorum for the transaction of business. The
29 action of a majority of a quorum constitutes the action of the committee.
30 (5) (a) (i) A state government member who does not receive salary, per diem, or expenses
31 from the state for the member's service may receive per diem and expenses incurred in the
1 performance of the member's official duties as a member of the committee at the rates established
2 by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3 (ii) A state government member who is a member because of the member's state
4 government position may not receive per diem or expenses for the member's service.
5 (iii) A state government member may decline to receive per diem and expenses for the
6 member's service.
7 (b) (i) A local government member who does not receive salary, per diem, or expenses
8 from the entity that the member represents for the member's service may receive per diem and
9 expenses incurred in the performance of the member's official duties as a member of the committee
10 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
11 (ii) A local government member may decline to receive per diem and expenses for the
12 member's service.
13 Section 9. Section 63-49-204 is enacted to read:
14 63-49-204. Duties and powers of the committee.
15 (1) In cooperation with the executive director, the committee shall:
16 (a) coordinate personnel and resources of state transportation agencies that shall provide
17 state highway services related to the Olympics;
18 (b) work with the State Olympic Coordinator in obtaining assistance from state agencies;
19 (c) coordinate state highway services by state transportation agencies; and
20 (d) coordinate and submit any request to a federal agency or Congress for transportation
21 funding.
22 (2) (a) The committee shall prepare and deliver to the governor and the Transportation and
23 Public Safety Interim Committee by no later than the Transportation and Public Safety's Interim
24 committee's September 1997 interim meeting the committee's recommendations regarding what
25 duties and powers the committee should exercise in addition to the duties and powers specified in
26 this chapter.
27 (b) If the committee cannot reach agreement or otherwise made recommendations as
28 provided under Subsection (2)(a), the governor, in consultation with the speaker of the House of
29 Representatives and the president of the Senate, shall make recommendations to the Legislature
30 for its 1998 Annual General Session regarding the duties and powers of the committee.
31 (3) The committee shall comply with Title 63A, Chapter 10, State Olympic Coordination
1 Act in entering into any contract, financial arrangement, or agreement under this part.
2 Section 10. Section 63-55b-5301 is enacted to read:
3 63-55b-5301. Repeal dates Title 53.
4 Title 53, Chapter 10, State Olympic Law Enforcement Command Act, is repealed July 1,
5 2002.
6 Section 11. Section 63-55b-6301 is enacted to read:
7 63-55b-6301. Repeal dates Title 63.
8 Title 63, Chapter 49, Part 2, State Olympic Transportation Act, is repealed July 1, 2002.
9 Section 12. Section 63A-7-106 is amended to read:
10 63A-7-106. Financial plan approval by governor and mayor.
11 (1) (a) Any public sports entity that hosts, organizes, conducts, or operates the Olympic
12 Winter Games shall:
13 (i) quarterly submit the financial plan for hosting the games to the governor and the mayor
14 of Salt Lake City for review and approval;
15 (ii) annually provide to the State Olympic Coordinator in a form that meets generally
16 accepted accounting principles, except as noted in the audit opinion, the public sports entity's
17 balance sheet, income statement, cash flow statement, and the entity's current operating
18 performance as compared to its budget; and
19 (iii) provide the State Olympic Coordinator reasonable access during normal business
20 hours to the financial ledgers of the public sports entity.
21 (b) The State Olympic Coordinator may request from the public sports entity access to any
22 other financial records not disclosed under Subsection (1)(a). The public sports entity shall
23 provide the coordinator access to the records if the board of trustees of the public sports entity
24 approves the request.
25 (c) Prior to approving the quarterly financial plan submitted under Subsection (1)(a)(i),
26 the governor shall consider whether the financial plan should include provisions for repayment of
27 any services or property provided by a state agency, as defined in Subsection 63A-10-102(4). In
28 determining whether repayment should be included, the governor may consider:
29 (i) the base costs of the agency for providing the services or property to the general public;
30 (ii) incremental costs of providing the additional services or property related to the
31 Olympics; and
1 (iii) the benefits, if any, the state agency or the state will receive as a result of the Olympic
2 Winter Games.
3 (2) The State Olympic Coordinator shall:
4 (a) distribute the information provided in Subsection (1)(a)(ii) to:
5 (i) the Division of Finance;
6 (ii) the state auditor;
7 (iii) the legislative auditor general;
8 (iv) the Office of Legislative Research and General Counsel; and
9 (v) the Office of the Legislative Fiscal Analyst; and
10 (b) review the information provided under Subsection (1) and report annually to the Sports
11 Advisory Committee and Executive Appropriations Committee concerning the financial plan for
12 hosting the games.
13 (3) At the request of a public sports entity, information obtained by the State Olympic
14 Coordinator from the public sports entity shall be a protected record under Title 63, Chapter 2,
15 Government Records Access Management Act, if:
16 (a) the record is designated as protected by the public sports entity; and
17 (b) the information is not public information under this chapter or other state or federal
18 laws.
19 (4) (a) The State Olympic Coordinator shall quarterly report to the governor regarding any
20 contracts or agreements entered into by a public sports entity that may require a state agency, as
21 defined in Subsection 63A-10-102(4), to provide services or equipment.
22 (b) The public sports entity shall provide the State Olympic Coordinator reasonable access
23 during normal business hours to contracts of the public sports entity related to hosting, organizing,
24 conducting, or operating the Olympic Winter Games.
25 Section 13. Section 63A-10-105 is amended to read:
26 63A-10-105. Approval of all contracts, financial arrangements, and state
27 requirements or exemptions.
28 (1) For any contract or financial arrangement entered into after May 1, 1996, and except
29 as provided in Subsection (3) and (4), a state agency may not enter into any contract or financial
30 arrangement with, impose any requirement on, or establish any exemption for, the organizing
31 committee or other entity in relation to the Olympics unless:
1 (a) the state agency informs the coordinator of the contract, financial arrangement, or state
2 requirement or exemption and provides the coordinator with:
3 (i) a copy of the contract or a detailed written description of the financial arrangement or
4 state requirement or exemption; and
5 (ii) estimates of the costs to the state of the contract, financial arrangement, or state
6 requirement or exemption;
7 (b) the coordinator reviews the materials provided under Subsection (1)(a); and
8 (c) the governor approves the contract, financial arrangement, state requirement, or
9 exemption.
10 (2) A state agency shall cooperate with the coordinator and provide any information
11 related to the Olympics requested by the coordinator or the governor.
12 (3) The coordinator may establish a policy that exempts a contract or agreement from the
13 requirements of this chapter if:
14 (a) the size of a project, the scope of the activities, or the amount of money or state
15 resources involved in the contract or agreement is of a minimal or insignificant nature; and
16 (b) the exemption is in the public interest.
17 (4) The Utah Sports Authority is not subject to the requirements of this section for any
18 expenditure, loan, or pledge of sales and use tax revenue deposited in the Olympics special
19 revenue fund or funds under Subsection 59-12-103(4) that commits or expends the first
20 $59,000,000 in sales and use tax revenue from the Olympics special revenue fund or funds.
21 (5) The organizing committee shall quarterly provide the coordinator with a list of any
22 contract or financial arrangement that the organizing committee has entered into or is negotiating
23 with a state agency.
24 Section 14. Effective date.
25 If approved by two-thirds of all the members elected to each house, this act takes effect
26 upon approval by the governor, or the day following the constitutional time limit of Utah
27 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
28 date of veto override.
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