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S.B. 218
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5 AN ACT RELATING TO PUBLIC SAFETY AND STATE AFFAIRS; CREATING THE STATE
6 OLYMPIC ENFORCEMENT COMMAND; ESTABLISHING THE POWERS OF THE
7 COMMAND; PROVIDING FOR A CHIEF SECURITY OFFICER; DEFINING POWERS OF
8 THE CHIEF SECURITY OFFICER; ADDRESSING RELATIONSHIP WITH OTHER STATE
9 AGENCIES; AMENDING OLYMPIC REPORTING AND APPROVAL REQUIREMENTS;
10 MAKING TECHNICAL CORRECTIONS; PROVIDING AN EFFECTIVE DATE; AND
11 PROVIDING A REPEAL DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 53-1-104, as last amended by Chapters 215 and 314, Laws of Utah 1995
15 63A-7-106, as last amended by Chapter 186, Laws of Utah 1996
16 63A-10-105, as enacted by Chapter 186, Laws of Utah 1996
17 ENACTS:
18 53-10-101, Utah Code Annotated 1953
19 53-10-102, Utah Code Annotated 1953
20 53-10-201, Utah Code Annotated 1953
21 53-10-202, Utah Code Annotated 1953
22 53-10-301, Utah Code Annotated 1953
23 53-10-302, Utah Code Annotated 1953
24 53-10-303, Utah Code Annotated 1953
25 63-55b-5301, Utah Code Annotated 1953
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53-1-104 is amended to read:
1 53-1-104. Boards, councils, divisions, offices, and commands.
2 (1) The following are the policymaking boards within the department:
3 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
4 (b) the Concealed Weapon Review Board, created in Section 53-5-703;
5 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
6 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
7 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
8 (2) The following are the councils within the department:
9 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106; and
10 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section 53-8-203.
11 (3) The following are the divisions within the department:
12 (a) the Administrative Services Division, created in Section 53-1-203;
13 (b) the Management Information Services Division, created in Section 53-1-303;
14 (c) the Comprehensive Emergency Management Division, created in Section 53-2-103;
15 (d) the Driver License Division, created in Section 53-3-103;
16 (e) the Investigations Division, created in Section 53-4-103;
17 (f) the Law Enforcement and Technical Services Division, created in Section 53-5-103;
18 (g) the Peace Officers Standards and Training Division, created in Section 53-6-103;
19 (h) the State Fire Marshal Division, created in Section 53-7-103; and
20 (i) the Utah Highway Patrol Division, created in Section 53-8-103.
21 (4) The Office of Executive Protection is created in Section 53-1-112.
22 (5) The State Olympic Law Enforcement Command created within the department by
23 Section 53-10-201.
24 Section 2. Section 53-10-101 is enacted to read:
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27 53-10-101. Title.
28 This chapter shall be known as the "State Olympic Law Enforcement Command Act."
29 Section 3. Section 53-10-102 is enacted to read:
30 53-10-102. Definitions.
31 As used in this chapter:
1 (1) "Chief security officer" means the chief security officer appointed under Section
2 53-10-301.
3 (2) "Command" means the State Olympic Law Enforcement Command created in Section
4 53-10-201.
5 (3) "Emergency" means a situation requiring immediate state government assistance to
6 save lives or to protect property, public health, welfare, and safety because of a disaster, as that
7 term is defined in Section 53-2-102.
8 (4) (a) "Law enforcement services" means those services that:
9 (i) the department is required to provide or may provide by law; and
10 (ii) other state law enforcement agencies are required to provide or may provide by law.
11 (b) "Law enforcement services" includes programs and services to:
12 (i) reduce or prevent crime;
13 (ii) reduce death and injuries on highways;
14 (iii) prepare for and respond to an emergency;
15 (iv) provide forensic, communications, and records support services;
16 (v) provide for crowd and traffic safety;
17 (vi) provide for or assist in criminal investigation; and
18 (vii) improve criminal justice processes.
19 (5) "Olympics" means the 2002 Winter Olympic Games to be hosted by Salt Lake City.
20 (6) "Organizing committee" means the Salt Lake Olympic Organizing Committee for the
21 Olympic Winter Games of 2002.
22 (7) "State agency" means any department, division, commission, council, board, bureau,
23 committee, institution, government corporation, or other establishment or official of this state,
24 except the Legislature, and includes a state institution of higher education and the Utah Sports
25 Authority created in Section 63A-7-104.
26 (8) "State law enforcement agency" means an entity of the state or a political subdivision
27 of the state, including a state institution of higher education, that exists primarily to prevent and
28 detect crime and enforce criminal laws, statutes, and ordinances.
29 (9) "State Olympic Coordinator" means the State Olympic Coordinator appointed under
30 Section 63A-10-103.
31 (10) "Venue" is a location designated as a venue by the organizing committee.
1 Section 4. Section 53-10-201 is enacted to read:
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3 53-10-201. State Olympic Law Enforcement Command -- Creation -- Membership
4 -- Chair -- Executive director -- Quorum -- Compensation.
5 (1) There is created within the department the "State Olympic Law Enforcement
6 Command" consisting of the following members:
7 (a) the commissioner;
8 (b) the Deputy Adjutant General of the Utah National Guard; and
9 (c) the chief law enforcement officer of each county or municipality where an Olympic
10 venue is located.
11 (2) The commissioner shall serve as chair of the command and call all necessary meetings.
12 (3) A majority of the members constitutes a quorum for the transaction of business. The
13 action of a majority of a quorum constitutes the action of the command.
14 (4) (a) (i) A state government member who does not receive salary, per diem, or expenses
15 from the state for the member's service may receive per diem and expenses incurred in the
16 performance of the member's official duties as a member of the command at the rates established
17 by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
18 (ii) A state government member who is a member because of the member's state
19 government position may not receive per diem or expenses for the member's service.
20 (iii) A state government member may decline to receive per diem and expenses for the
21 member's service.
22 (b) (i) A local government member who does not receive salary, per diem, or expenses
23 from the entity that the member represents for the member's service may receive per diem and
24 expenses incurred in the performance of the member's official duties as a member of the command
25 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
26 (ii) A local government member may decline to receive per diem and expenses for the
27 member's service.
28 Section 5. Section 53-10-202 is enacted to read:
29 53-10-202. Duties and powers of the command.
30 (1) In cooperation with the chief of security, the command shall:
31 (a) coordinate personnel and resources of state law enforcement agencies that are placed
1 under the command of the chief of security to provide law enforcement services related to the
2 Olympics;
3 (b) work with the State Olympic Coordinator in obtaining assistance from state agencies
4 in accordance with Section 53-10-302;
5 (c) coordinate law enforcement services by state law enforcement agencies; and
6 (d) contract with the organizing committee and federal agencies listed in Subsection (2)
7 for the provision of law enforcement services.
8 (2) A state law enforcement agency other than the command may not enter into a
9 contractual agreement for providing law enforcement services related to the Olympics with:
10 (a) the organizing committee; or
11 (b) an agency of the federal government.
12 (3) The command shall comply with Title 63A, Chapter 10, State Olympic Coordination
13 Act, in entering into any contract, financial arrangement, or agreement under this chapter.
14 Section 6. Section 53-10-301 is enacted to read:
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16 53-10-301. Chief security officer.
17 (1) The commissioner or the commissioner's designee shall serve as the chief security
18 officer for the Olympics.
19 (2) The chief security officer shall:
20 (a) oversee state law enforcement agency activities in providing law enforcement services
21 during the Olympics; and
22 (b) exercise supervisory authority over all peace officers, special functions officers, or
23 security personnel of state law enforcement agencies placed under the chief security officer's
24 command.
25 (3) In planning for the law enforcement services, the chief security officer shall consult
26 with the:
27 (a) command; and
28 (b) State Olympic Coordinator.
29 (4) The chief security officer shall receive compensation as provided in Title 67, Chapter
30 19, Utah State Personnel Management Act, except that if the chief security officer is the
31 commissioner, the commissioner may not receive compensation in addition to the compensation
1 the commissioner receives as the commissioner.
2 Section 7. Section 53-10-302 is enacted to read:
3 53-10-302. Cooperation of state agencies.
4 (1) The command or chief security officer may request a state agency other than a state
5 law enforcement agency officer to provide assistance to the command or chief security officer for
6 law enforcement services for the Olympics if:
7 (a) the command or chief of security enters into a written contract for the assistance; and
8 (b) complies with the requirements of Title 63A, Chapter 10, State Olympic Coordination.
9 (2) The written contract required under Subsection (1) shall address whether the command
10 shall pay the state agency for any costs incurred by the state agency in providing the assistance
11 described in this section.
12 (3) Assistance that can be requested under this section includes:
13 (a) personnel;
14 (b) equipment;
15 (c) information; or
16 (d) other assistance.
17 (4) Notwithstanding Subsection (2), for the period during which an employee of a state
18 agency provides law enforcement services at the request of the command or chief security officer
19 in accordance with Subsection (2), the employee shall receive the employee's regular
20 compensation paid by the employee's regular employer.
21 Section 8. Section 53-10-303 is enacted to read:
22 53-10-303. Emergency law enforcement services.
23 If the governor determines that an emergency exists that requires state government
24 emergency assistance as part of the law enforcement services provided for the Olympics, the
25 governor may:
26 (1) take any action permitted during a declared state of emergency under Section 63-5a-3;
27 or
28 (2) waive the requirements of Section 53-10-302.
29 Section 9. Section 63-55b-5301 is enacted to read:
30 63-55b-5301. Repeal dates Title 53.
31 Title 53, Chapter 10, State Olympic Law Enforcement Command Act, is repealed July 1,
1 2002.
2 Section 10. Section 63A-7-106 is amended to read:
3 63A-7-106. Financial plan approval by governor and mayor.
4 (1) (a) Any public sports entity that hosts, organizes, conducts, or operates the Olympic
5 Winter Games shall:
6 (i) quarterly submit the financial plan for hosting the games to the governor and the mayor
7 of Salt Lake City for review and approval;
8 (ii) annually provide to the State Olympic Coordinator in a form that meets generally
9 accepted accounting principles, except as noted in the audit opinion, the public sports entity's
10 balance sheet, income statement, cash flow statement, and the entity's current operating
11 performance as compared to its budget; and
12 (iii) provide the State Olympic Coordinator reasonable access during normal business
13 hours to the financial ledgers of the public sports entity.
14 (b) The State Olympic Coordinator may request from the public sports entity access to any
15 other financial records not disclosed under Subsection (1)(a). The public sports entity shall
16 provide the coordinator access to the records if the board of trustees of the public sports entity
17 approves the request.
18 (c) Prior to approving the quarterly financial plan submitted under Subsection (1)(a)(i),
19 the governor shall consider whether the financial plan should include provisions for repayment of
20 any services or equipment provided by a state agency, as defined in Subsection 63A-10-102(4).
21 (2) The State Olympic Coordinator shall:
22 (a) distribute the information provided in Subsection (1)(a)(ii) to:
23 (i) the Division of Finance;
24 (ii) the state auditor;
25 (iii) the legislative auditor general;
26 (iv) the Office of Legislative Research and General Counsel; and
27 (v) the Office of the Legislative Fiscal Analyst; and
28 (b) review the information provided under Subsection (1) and report annually to the Sports
29 Advisory Committee and Executive Appropriations Committee concerning the financial plan for
30 hosting the games.
31 (3) At the request of a public sports entity, information obtained by the State Olympic
1 Coordinator from the public sports entity shall be a protected record under Title 63, Chapter 2,
2 Government Records Access Management Act, if:
3 (a) the record is designated as protected by the public sports entity; and
4 (b) the information is not public information under this chapter or other state or federal
5 laws.
6 (4) (a) The State Olympic Coordinator shall quarterly report to the governor regarding any
7 contracts or agreements entered into by a public sports entity that may require a state agency, as
8 defined in Subsection 63A-10-102(4), to provide services or equipment.
9 (b) The public sports entity shall provide the State Olympic Coordinator reasonable access
10 during normal business hours to contracts of the public sports entity related to hosting, organizing,
11 conducting, or operating the Olympic Winter Games.
12 Section 11. Section 63A-10-105 is amended to read:
13 63A-10-105. Approval of all contracts, financial arrangements, and state
14 requirements or exemptions.
15 (1) For any contract or financial arrangement entered into after May 1, 1996, and except
16 as provided in Subsection (3) and (4), a state agency may not enter into any contract or financial
17 arrangement with, impose any requirement on, or establish any exemption for, the organizing
18 committee or other entity in relation to the Olympics unless:
19 (a) the state agency informs the coordinator of the contract, financial arrangement, or state
20 requirement or exemption and provides the coordinator with:
21 (i) a copy of the contract or a detailed written description of the financial arrangement or
22 state requirement or exemption; and
23 (ii) estimates of the costs to the state of the contract, financial arrangement, or state
24 requirement or exemption;
25 (b) the coordinator reviews the materials provided under Subsection (1)(a); and
26 (c) the governor approves the contract, financial arrangement, state requirement, or
27 exemption.
28 (2) A state agency shall cooperate with the coordinator and provide any information
29 related to the Olympics requested by the coordinator or the governor.
30 (3) The coordinator may establish a policy that exempts a contract or agreement from the
31 requirements of this chapter if:
1 (a) the size of a project, the scope of the activities, or the amount of money or state
2 resources involved in the contract or agreement is of a minimal or insignificant nature; and
3 (b) the exemption is in the public interest.
4 (4) The Utah Sports Authority is not subject to the requirements of this section for any
5 expenditure, loan, or pledge of sales and use tax revenue deposited in the Olympics special
6 revenue fund or funds under Subsection 59-12-103(4) that commits or expends the first
7 $59,000,000 in sales and use tax revenue from the Olympics special revenue fund or funds.
8 (5) The organizing committee shall quarterly provide the coordinator with a list of any
9 contract or financial arrangement that the organizing committee has entered into or is negotiating
10 with a state agency.
11 Section 12. Effective date.
12 If approved by two-thirds of all the members elected to each house, this act takes effect
13 upon approval by the governor, or the day following the constitutional time limit of Utah
14 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
15 date of veto override.
Legislative Review Note
as of 2-20-97 11:32 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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