Download Zipped Enrolled WP 9 SB0084.ZIP 18,940 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 84 Enrolled
This act modifies the Utah Sports Authority Act and the State Olympic Coordination Act.
The act repeals the Utah Sports Advisory Committee and modifies the responsibilities of the
Olympic Coordination Committee. The act modifies reporting requirements of the State
Olympic Officer and expands the number of staff the officer may appoint with the
governor's approval. The act clarifies the scope of duties of the State Olympic Public Safety
Command. The act repeals obsolete language and makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-12-102, as enacted by Chapter 343, Laws of Utah 1998
53-12-202, as enacted by Chapter 343, Laws of Utah 1998
53-12-301, as enacted by Chapter 343, Laws of Utah 1998
53-12-302, as enacted by Chapter 343, Laws of Utah 1998
53-12-303, as enacted by Chapter 343, Laws of Utah 1998
63A-7-103, as last amended by Chapter 186, Laws of Utah 1996
63A-7-104, as last amended by Chapters 202 and 216, Laws of Utah 1998
63A-7-106, as last amended by Chapter 294, Laws of Utah 1999
63A-10-103, as last amended by Chapter 202, Laws of Utah 1998
63A-10-109, as enacted by Chapter 294, Laws of Utah 1999
REPEALS:
63A-7-111, as last amended by Chapter 294, Laws of Utah 1999
63A-7-112, as last amended by Chapter 294, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-12-102 is amended to read:
53-12-102. Definitions.
As used in this chapter:
(1) "Command" means the State Olympic Public Safety Command created in Section
53-12-201 .
(2) "Emergency" means a situation requiring immediate state government assistance to save
lives or to protect property, public health, welfare, and safety because of a disaster, as that term is
defined in Section 53-2-102 .
(3) (a) "Law enforcement and public safety services" means those services that:
(i) the department is required to provide or may provide by law; and
(ii) other law enforcement and public safety agencies are required to provide or may provide
by law.
(b) "Law enforcement and public safety services" includes programs and services to:
(i) reduce or prevent crime;
(ii) reduce death and injuries on highways;
(iii) prepare for and respond to an emergency;
(iv) provide forensic, communications, and records support services;
(v) provide for crowd and traffic safety;
(vi) provide for or assist in criminal investigation; and
(vii) improve criminal justice processes.
(4) "Local law enforcement agency" means any political subdivision of the state or an agency
of a political subdivision that exists primarily to prevent and detect crime and enforce criminal laws,
statutes, and ordinances.
(5) "Local public safety agency" means a political subdivision of the state or an agency of
a political subdivision of the state that exists to provide:
(a) fire service; and
(b) emergency medical services.
(6) "Olympic law enforcement commander" means the commander appointed under Section
53-12-301 .
(7) "Olympics" means the Olympic Winter Games of 2002 to be hosted by Salt Lake City.
(8) "Organizing committee" means the Salt Lake Organizing Committee for the Olympic
Winter Games of 2002.
(9) "Paralympics" means the Paralympic Winter Games of 2002 to be hosted by Salt Lake
City.
[
bureau, committee, institution, government corporation, or other establishment or official of this
state, except the Legislature, and for purposes of this chapter includes:
(a) a state institution of higher education; and
(b) the Utah Sports Authority created in Section 63A-7-104 .
[
exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances, and
for the purposes of this chapter includes a state institution of higher education.
[
to provide:
(a) fire service; and
(b) emergency medical services.
[
Section 63A-10-103 .
Section 2. Section 53-12-202 is amended to read:
53-12-202. Duties and powers of the command -- Contracting for law enforcement or
public safety services.
(1) (a) The command shall:
(i) in consultation with state and local public safety agencies, establish a written plan for law
enforcement and public safety services related to the Olympics and Paralympics, including the
coordination of personnel and resources of state and local law enforcement or public safety agencies;
(ii) develop any policies necessary to inform and direct the Olympic law enforcement
commander in the implementation of the plan; and
(iii) allow latitude and flexibility in the plan to promote the effective, efficient, and
cooperative implementation of the plan and the preservation of public safety.
(b) The command may contract with the organizing committee and federal agencies for the
provision of law enforcement and public safety services.
(2) Unless authorized by the command, a state or local law enforcement or public safety
agency other than the command may not enter into a contractual agreement providing for law
enforcement and public safety services related to the Olympics or Paralympics with:
(a) the organizing committee; or
(b) an agency of the federal government.
(3) The command shall comply with Title 63A, Chapter 10, State Olympic Coordination Act,
in entering into any contract, financial arrangement, or agreement under this chapter.
(4) (a) The commander shall:
(i) notify the State Olympic Officer of all meetings of the command; and
(ii) permit the State Olympic Officer to attend and participate in all meetings of the
command.
(b) Notwithstanding Subsection (4)(a), the State Olympic Officer may not:
(i) vote on matters before the command;
(ii) be a member of the command; or
(iii) be considered a law enforcement officer for purposes of this chapter.
Section 3. Section 53-12-301 is amended to read:
53-12-301. Olympic law enforcement commander.
(1) The commissioner shall serve as the Olympic law enforcement commander.
(2) The Olympic law enforcement commander shall:
(a) oversee law enforcement and public safety agency activities in providing law
enforcement and public safety services during the Olympics and Paralympics; and
(b) execute and direct the execution of the plan established by the command under Section
53-12-202 , including the coordination of the following personnel:
(i) peace officers, as listed in Section 53-13-102 ;
(ii) members of the Utah National Guard; and
(iii) all other security and public safety personnel.
(3) (a) If the action is in conflict with or not contemplated by the written plan of the
command but the conditions of Subsection (3)(b) are met, the commander may under the authority
of the command:
(i) implement a procedure;
(ii) direct or reassign a resource or personnel; or
(iii) carry out any other action.
(b) The commander may take an action described in Subsection (3)(a) if:
(i) the action is taken in consultation with the vice-commander; and
(ii) the action is immediately necessary to protect the health, safety, and welfare of the
public.
(4) The Olympic law enforcement commander may not receive compensation in addition
to the compensation the commander receives as the commissioner.
Section 4. Section 53-12-302 is amended to read:
53-12-302. Cooperation of state and local government agencies.
(1) The command or Olympic law enforcement commander may request assistance from
agencies other than state law enforcement or public safety agencies for law enforcement and public
safety services for the Olympics and Paralympics if the command or Olympic law enforcement
commander:
(a) enters into a written contract for the assistance; and
(b) complies with the requirements of Title 63A, Chapter 10, State Olympic Coordination
Act.
(2) Assistance that may be requested under this section includes:
(a) personnel;
(b) equipment;
(c) information; or
(d) other assistance.
(3) A request by the command or Olympic law enforcement commander for assistance from
a local law enforcement or public safety agency is subject to the requirements of this section.
Section 5. Section 53-12-303 is amended to read:
53-12-303. Emergency law enforcement services.
If the governor determines that an emergency exists that requires state government emergency
assistance as part of the law enforcement services provided for the Olympics or Paralympics, the
governor may:
(1) take any action permitted during a declared state of emergency under Section 63-5a-3 ;
or
(2) waive the requirements of Section 53-12-302 .
Section 6. Section 63A-7-103 is amended to read:
63A-7-103. Definitions.
As used in this chapter:
(1) "Acquire" or "acquisition" means, with respect to any right, title, or interest in or to any
property, to gain or obtain the right, title, or interest by purchase, lease, construction, gift,
appropriation, or otherwise.
[
[
[
[
accordance with Section 63A-7-104 .
(4) "Coordination committee" means the Olympic Coordination Committee created pursuant
to Section 63A-10-109 .
[
[
organization, association, person, or other entity that borrows or otherwise uses or seeks to borrow
or otherwise use state money to solicit, attract, organize, schedule, conduct, book, provide, operate,
or create any public sports event, and any Olympic bid committee or any Olympic organizing
committee.
(b) "Public sports entity" does not include:
(i) the authority or any county, city, or town, or the summer games residing in Cedar City;
or
(ii) a regional service area or county service area which owns or operates, directly or
indirectly, any facility that is constructed or renovated with Utah Sports Authority funds.
[
athletic training, recreational activity, sports or recreation related educational activity, sports-related
entertainment activity, or other sports-related activity that:
(i) is conducted in any public sports facility; or
(ii) uses any state funding in any amount.
(b) "Public sports event" does not include games of Utah professional franchise teams,
collegiate athletics, or high school athletics.
[
speed skating rink, or any other winter sports facility constructed in whole or in part with state funds
and for the purpose of hosting or seeking the right to host the Olympic Winter Games, including all
real and personal property, structures, driveways, roads, approaches, parking facilities, mechanical
equipment, utilities, improvements, and all appurtenances and facilities either on, above, or under
the ground that are constructed in whole or in part with public money and are used in connection
with the facility, and suitable for use in connection with athletic training, education, housing, or
competition. The fact that a facility is also suitable for other uses in addition to those specified does
not exclude the facility from the scope of this definition.
Section 7. Section 63A-7-104 is amended to read:
63A-7-104. Utah Sports Authority -- State controls -- Board -- Membership -- Meetings
-- Removal -- Per diem and expenses.
(1) (a) There is created within the department the Utah Sports Authority.
(b) The authority is subject to all laws, rules, policies, and other conditions and limitations
that govern agencies of state government, including:
(i) the procurement procedures contained in Title 63, Chapter 56, Utah Procurement Code;
(ii) Title 63A, Chapter 10, State Olympic Coordination Act;
(iii) the personnel procedures contained in Title 67, Chapter 19, Utah State Personnel
Management Act; and
(iv) the laws, rules, policies, and other conditions or limitations from oversight departments,
divisions, agencies, or offices such as the Division of Finance, the Division of Facilities Construction
and Management, the state treasurer, the state auditor, and the attorney general.
(c) (i) Notwithstanding any other provisions of this chapter, the Division of Finance shall
provide or contract for all accounting related to public sports facilities, including budgeting, financial
reporting, and internal controls of both state and nonstate funds of the authority.
(ii) All nonstate funds may be accounted for and controlled outside of the state accounting
system.
(d) (i) After May 4, 1998, any contract, agreement, or financial arrangement entered into by
the authority shall be reviewed by the State Olympic Officer and approved by the governor if the
contract, agreement, or financial arrangement involves:
(A) the transfer or conveyance of real or personal property or any interest in real or personal
property held by the authority on behalf of the state;
(B) the lease or use of a public sports facility by any person other than the authority;
(C) construction at a public sports facility; or
(D) the management of a public sports facility.
(ii) A contract, agreement, or financial arrangement entered into after May 4, 1998, that is
not reviewed and approved in accordance with this Subsection (1)(d) is voidable at the option of the
governor.
(iii) The State Olympic Officer may establish a policy that exempts a contract, agreement,
or financial arrangement from the requirements of this Subsection (1)(d) if:
(A) the size of a project, the scope of the activities, or the amount of money or state
resources involved is of minimal or insignificant nature; and
(B) the exemption is in the public interest.
(iv) The requirements of this Subsection (1)(d) are in addition to any other requirements
imposed on the authority by law, including approval by the Legislature of any conveyance under
Subsection 63A-7-105 (20).
(2) The policy of the authority shall be determined by the authority board rather than the
executive director.
(3) There is created a Utah Sports Authority Board that shall consist of 19 members as
follows:
(a) 18 individuals appointed by the governor, with the advice and consent of the Senate, as
follows:
(i) five individuals from a list of ten nominees provided by the Utah League of Cities and
Towns, with not more than one being a resident of any given county;
(ii) two individuals from a list of four nominees provided by the Utah Association of
Counties;
(iii) three individuals from a list of six nominees provided by the mayor of Salt Lake City;
(iv) four individuals from the state at large; and
(v) four individuals:
(A) who prior to or at the time of appointment are athletes; and
(B) that the governor determines fairly represent the interests of athletes that will be served
by state programs or facilities overseen by the authority; and
(b) the executive director of the Department of Community and Economic Development.
(4) The authority board membership shall include representatives of private business and
industry. Examples of industries that may be represented on the board include the banking,
accounting, legal, financial services, and amateur sports industries.
(5) (a) In making appointments to the authority board, the governor shall consider
geographical representation.
(b) A member of the authority board may not hold an elective public office.
(c) Each board member shall be a resident of the state as defined in Section 20A-2-105 .
(d) No more than ten board members may have the same political party affiliation and the
political party affiliation of each board member and any change in that affiliation shall be disclosed
to the board.
(e) A member of the authority board, any of its employees, or any employees of the
department or the Department of Community and Economic Development may not be on the board
of, be employed by, contract with, or in any way be affiliated with any private entity that is using or
seeking to use state funds to solicit, attract, organize, schedule, conduct, book, provide, operate, or
create any public sports event, or that uses or seeks to use any public sports facility, unless any
affiliation with the private entity is fully disclosed to the authority board and the advisory committee
in an open and public meeting.
(6) (a) Except as required by Subsection (6)(b), each board member shall serve a four-year
term beginning January 1, 1990.
(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of authority
members are staggered so that approximately half of the authority is appointed every two years.
(7) The governor shall appoint one of the members appointed to a four-year term as the chair
of the authority board. The members shall elect from among their number a vice chair and other
officers they may determine. The chair shall serve at the pleasure of the governor.
(8) (a) The authority board shall meet at least quarterly unless otherwise determined by a
majority of the members and at other times at the discretion of the chair.
(b) A majority of the authority board is a quorum for conducting authority business. A
majority vote of those present is required for any action to be taken by the authority.
(c) The authority board shall invite the members of the [
and other agencies and individuals listed in Subsection (8)(e) to all of its meetings. The authority
shall allow members of the [
listed in Subsection (8)(e) to attend, participate in discussions, and review all materials presented in
all meetings of the authority.
(d) The authority shall include at least two members of the [
committee on each subcommittee the authority board may create.
(e) The authority board shall provide meeting notices, agendas, and minutes of meetings:
(i) to members of the [
(ii) the governor;
(iii) the attorney general;
(iv) the Division of Finance;
(v) the Department of Administrative Services;
(vi) the Division of Facilities Construction and Management;
(vii) the state auditor;
(viii) the legislative auditor general;
(ix) the Office of Legislative Research and General Counsel;
(x) the Office of the Legislative Fiscal Analyst; and
(xi) the State Olympic Officer.
(9) (a) Any member may be removed from office with cause by the governor or for cause
by an affirmative vote of eight members.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment, subject to the
consent of the Senate.
(c) A member shall continue to hold office until the member's successor has been appointed
and qualified.
(d) Any member is eligible for reappointment, but may not serve more than four full
consecutive terms.
(10) The authority shall exist as long as it has obligations outstanding and until its existence
is terminated by law. Upon the termination of the existence of the authority, all its rights and
properties shall pass to and be vested in the state.
(11) (a) (i) A member who is not a government employee shall receive no compensation or
benefits for that member's services, but may receive per diem and expenses incurred in the
performance of the member's official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) A member may decline to receive per diem and expenses for the member's service.
(b) (i) A state government officer or employee member who does not receive salary, per
diem, or expenses from the officer's or employee's agency for the officer's or employee's service may
receive per diem and expenses incurred in the performance of the officer's or employee's official
duties from the authority at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) A state government officer or employee member may decline to receive per diem and
expenses for the officer's or employee's service.
(c) (i) A local government member who does not receive salary, per diem, or expenses from
the entity that the member represents for the service may receive per diem and expenses incurred in
the performance of the member's official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(ii) A local government member may decline to receive per diem and expenses for the
member's service.
Section 8. Section 63A-7-106 is amended to read:
63A-7-106. Financial plan -- Approval by governor and mayor -- Requirements for
review -- State Olympic Officer access to and report on financial information -- Governor's
responsibilities.
(1) Any public sports entity that hosts, organizes, conducts, or operates the Olympic Winter
Games shall:
(a) no later than 45 days after the last day of each calendar quarter, submit a budget for
hosting the games, including any substantive or material changes to the budget since it was last
submitted, to the governor and the mayor of Salt Lake City for review and approval;
(b) submit to the State Olympic Officer:
(i) financial information requested by the State Olympic Officer that is substantially similar
to monthly and quarterly reports that are prepared by the public sports entity for a financial
institution providing the public sports entity with one or more revolving or other lines of credit;
(ii) by no later than December 31, 2000, written identification of contracts and payment
amounts, which the public sports entity intends to use to fully fund its obligations described in
Subsection (2)(e); and
(iii) any other financial records requested by the State Olympic Officer;
(c) annually provide to the State Olympic Officer in a form that meets generally accepted
accounting principles, except as noted in the audit opinion, the public sports entity's balance sheet,
income statement, cash flow statement, and the entity's current operating performance as compared
to its budget; and
(d) provide the State Olympic Officer reasonable access during normal business hours to the
financial ledgers of the public sports entity.
(2) The budget submitted by a public sports entity pursuant to Subsection (1)(a) shall contain
any information requested by the governor, and the mayor of Salt Lake City, as well as
documentation that the budget and accompanying information:
(a) includes reliable revenue projections that are estimated to adequately cover anticipated
expenditures under the budget;
(b) includes projected cash flow estimates;
(c) includes reasonably prudent budget contingencies;
(d) maintains, supports, and protects the state's security interest in revenues of the Salt Lake
Organizing Committee for the Olympic Winter Games of 2002, in accordance with joint resolutions
adopted by the Legislature; and
(e) provides for payment of all obligations of the Salt Lake Organizing Committee for the
Olympic Winter Games of 2002 that are due to:
(i) the state, including:
(A) repayment to the Utah Sports Authority of the actual total funds expended or incurred
by the Utah Sports Authority through April 15, 1999, from the Olympics Special Revenue Fund, not
to exceed $59,000,000, in accordance with joint resolutions adopted by the Legislature;
(B) payment to the state of an amount equal to the bond obligations owed with respect to the
State Building Ownership Authority bond, in accordance with the requirements of S.J.R.14 passed
by the Legislature in the 1998 General Session; and
(C) payment for services or property in accordance with Section 63A-10-107 ;
(ii) the Utah Athletic Foundation, including the payment of $40,000,000 in accordance with
joint resolutions adopted by the Legislature; and
(iii) the University of Utah, for use of the university's stadium for opening and closing
ceremonies in accordance with the requirements of the Ceremonies Agreement dated July 28, 1997.
(3) (a) Beginning the first of fiscal year 1999-2000, the governor shall, no less often than
semi-annually, provide a written review and determination regarding his decision whether to approve
the budget described in Subsection (1)(a). Based on information available at the time of the
governor's review, the governor shall determine whether the budget and accompanying information
includes the requirements described in Subsection (2).
(b) The governor shall provide a copy of his written semi-annual review and also, if
approved, his written approval to the:
[
[
[
(i) Legislative Management Committee; and
(ii) coordination committee.
(c) The governor's written review and approval, as described in this Subsection (3), does not
constitute a guarantee or certification by the governor regarding the public sports entity's budget.
(4) (a) No later than 15 days following the submission of the budget pursuant to Subsection
(1)(a), the State Olympic Officer shall report in writing to the [
coordination committee. That report shall include a summary of:
(i) the quarterly budget provided by a public sports entity, as required by Subsection (1)(a);
and
(ii) the documentation described in Subsection (2).
(b) The State Olympic Officer's report required by this Subsection (4) does not constitute
a guarantee or certification by the State Olympic Officer regarding the public sports entity's budget.
(5) The review and determination of approval of the budget by the mayor of Salt Lake City,
as required by Subsection (1)(a), shall be in accordance with policy guidelines established by the Salt
Lake City Council.
(6) The State Olympic Officer may request from the public sports entity access to any other
financial records not disclosed under Subsection (1)(a). The public sports entity shall provide the
coordinator access to the records if the board of trustees of the public sports entity approves the
request.
[
[
[
[
[
[
[
[
[
[
Officer from the public sports entity shall be a protected record under Title 63, Chapter 2,
Government Records Access Management Act, if:
(a) the record is designated as protected by the public sports entity; and
(b) the information is not public information under this chapter or other state or federal laws.
Section 9. Section 63A-10-103 is amended to read:
63A-10-103. State Olympic Officer -- Creation.
(1) There is created the position of State Olympic Officer.
(2) Beginning July 1, 1997:
(a) The State Olympic Officer shall be an individual appointed by the governor with the
advice and consent of the Senate.
(b) The officer serves at the pleasure of the governor.
(c) The officer shall be experienced in administration, financial, and legal transactions, and
coordination of complex organizations.
(d) The officer shall receive compensation as provided by Title 67, Chapter 22, State Officer
Compensation.
(e) The officer may appoint [
the governor.
(f) The Office of Planning and Budget shall provide staff support and physical facilities to
the coordinator.
(g) Except as provided in Subsection(3), beginning July 1, 1997, the salary, benefits, and
administrative costs associated with the officer and [
officer under Subsection (2)(e) shall be paid from the Olympics special revenue fund or funds
established under Section 59-12-103 .
(3) (a) If there is inadequate monies in the Olympics special revenue fund or funds to pay
the salary, benefits, and administrative costs described in Subsection (2)(g), the salary, benefits, and
administrative cost may be paid from the General Fund.
(b) If monies are paid from the General Fund under Subsection (3)(a), the monies shall be
reimbursed to the General Fund from the Olympics special revenue fund or funds at such time the
Olympics special revenue fund or funds has adequate monies to reimburse the General Fund.
(c) Notwithstanding Subsections (2)(e), (3)(a), and (3)(b), the salary, benefits, or
administrative costs associated with the officer may not be paid from the sales and tax revenues
generated by municipalities or counties and deposited under Subsection 59-12-103 (4)(a)(ii).
Section 10. Section 63A-10-109 is amended to read:
63A-10-109. Olympic Coordination Committee -- Creation -- Membership -- Quorum
-- Compensation -- Staff -- Committee duties.
(1) There is created the Olympic Coordination Committee consisting of the following 12
members:
(a) five members of the Senate, appointed by the president of the Senate, not more than three
of whom may be of the same political party; and
(b) seven members of the House of Representatives, appointed by the speaker of the House
of Representatives, not more than four of whom may be of the same political party.
(2) The president of the Senate and the speaker of the House of Representatives shall each
appoint a legislator to serve as cochairs of the Olympic Coordination Committee.
(3) The committee shall determine committee quorum and voting requirements in
accordance with legislative rules.
(4) Salaries and expenses of the members of the committee shall be paid in accordance with
Section 36-2-2 and Legislative Joint Rule 15.03.
(5) The Office of Legislative Research and General Counsel shall provide staff support to
the committee and shall consult with the Office of Legislative Fiscal Analyst on fiscal issues studied
by the committee.
(6) The committee may review and make recommendations [
(a) [
(b) coordination of state and local governments in hosting the Olympics;
(c) interests of athletes served by Olympic-related state programs or facilities;
[
the Organizing Committee;
[
[
[
(7) The committee may report any recommendations, including any proposed legislation,
to the Legislative Management Committee.
Section 11. Repealer.
This act repeals:
Section 63A-7-111, Utah Sports Advisory Committee.
Section 63A-7-112, Committee authority.
[Bill Documents][Bills Directory]