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Second 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; PROVIDING
8 FOR A CHIEF SECURITY OFFICER AND CHIEF TRANSPORTATION OFFICER;
9 DEFINING POWERS OF THE OFFICERS; ADDRESSING RELATIONSHIP WITH OTHER
10 STATE AGENCIES; AMENDING OLYMPIC REPORTING AND APPROVAL
11 REQUIREMENTS; MAKING TECHNICAL CORRECTIONS; PROVIDING AN
12 EFFECTIVE DATE; AND PROVIDING A REPEAL DATE.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 53-1-104, as last amended by Chapters 215 and 314, Laws of Utah 1995
16 63A-7-106, as last amended by Chapter 186, Laws of Utah 1996
17 63A-10-105, as enacted by Chapter 186, Laws of Utah 1996
18 ENACTS:
19 53-10-101, Utah Code Annotated 1953
20 53-10-102, Utah Code Annotated 1953
21 53-10-201, Utah Code Annotated 1953
22 53-10-202, Utah Code Annotated 1953
23 53-10-301, Utah Code Annotated 1953
24 53-10-302, Utah Code Annotated 1953
25 53-10-303, Utah Code Annotated 1953
26 63-49-201, Utah Code Annotated 1953
27 63-49-202, Utah Code Annotated 1953
1 63-49-203, Utah Code Annotated 1953
2 63-49-204, Utah Code Annotated 1953
3 63-49-205, Utah Code Annotated 1953
4 63-49-206, Utah Code Annotated 1953
5 63-49-207, Utah Code Annotated 1953
6 63-55b-5301, Utah Code Annotated 1953
7 63-55b-6301, Utah Code Annotated 1953
8 Be it enacted by the Legislature of the state of Utah:
9 Section 1. Section 53-1-104 is amended to read:
10 53-1-104. Boards, councils, divisions, offices, and commands.
11 (1) The following are the policymaking boards within the department:
12 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
13 (b) the Concealed Weapon Review Board, created in Section 53-5-703;
14 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
15 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
16 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
17 (2) The following are the councils within the department:
18 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106; and
19 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section 53-8-203.
20 (3) The following are the divisions within the department:
21 (a) the Administrative Services Division, created in Section 53-1-203;
22 (b) the Management Information Services Division, created in Section 53-1-303;
23 (c) the Comprehensive Emergency Management Division, created in Section 53-2-103;
24 (d) the Driver License Division, created in Section 53-3-103;
25 (e) the Investigations Division, created in Section 53-4-103;
26 (f) the Law Enforcement and Technical Services Division, created in Section 53-5-103;
27 (g) the Peace Officers Standards and Training Division, created in Section 53-6-103;
28 (h) the State Fire Marshal Division, created in Section 53-7-103; and
29 (i) the Utah Highway Patrol Division, created in Section 53-8-103.
30 (4) The Office of Executive Protection is created in Section 53-1-112.
31 (5) The State Olympic Law Enforcement Command created within the department by
1 Section 53-10-201.
2 Section 2. Section 53-10-101 is enacted to read:
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5 53-10-101. Title.
6 This chapter shall be known as the "State Olympic Law Enforcement Command Act."
7 Section 3. Section 53-10-102 is enacted to read:
8 53-10-102. Definitions.
9 As used in this chapter:
10 (1) "Chief security officer" means the chief security officer appointed under Section
11 53-10-301.
12 (2) "Command" means the State Olympic Law Enforcement Command created in Section
13 53-10-201.
14 (3) "Emergency" means a situation requiring immediate state government assistance to
15 save lives or to protect property, public health, welfare, and safety because of a disaster, as that
16 term is defined in Section 53-2-102.
17 (4) (a) "Law enforcement services" means those services that:
18 (i) the department is required to provide or may provide by law; and
19 (ii) other state law enforcement agencies are required to provide or may provide by law.
20 (b) "Law enforcement services" includes programs and services to:
21 (i) reduce or prevent crime;
22 (ii) reduce death and injuries on highways;
23 (iii) prepare for and respond to an emergency;
24 (iv) provide forensic, communications, and records support services;
25 (v) provide for crowd and traffic safety;
26 (vi) provide for or assist in criminal investigation; and
27 (vii) improve criminal justice processes.
28 (5) "Olympics" means the 2002 Winter Olympic Games to be hosted by Salt Lake City.
29 (6) "Organizing committee" means the Salt Lake Olympic Organizing Committee for the
30 Olympic Winter Games of 2002.
31 (7) "State agency" means any department, division, commission, council, board, bureau,
1 committee, institution, government corporation, or other establishment or official of this state,
2 except the Legislature, and includes a state institution of higher education and the Utah Sports
3 Authority created in Section 63A-7-104.
4 (8) "State law enforcement agency" means an entity of the state or a political subdivision
5 of the state, including a state institution of higher education, that exists primarily to prevent and
6 detect crime and enforce criminal laws, statutes, and ordinances.
7 (9) "State Olympic Coordinator" means the State Olympic Coordinator appointed under
8 Section 63A-10-103.
9 (10) "Venue" is a location designated as a venue by the organizing committee.
10 Section 4. Section 53-10-201 is enacted to read:
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12 53-10-201. State Olympic Law Enforcement Command -- Creation -- Membership
13 -- Chair -- Executive director -- Quorum -- Compensation.
14 (1) There is created within the department the "State Olympic Law Enforcement
15 Command" consisting of the following members:
16 (a) the commissioner;
17 (b) the Deputy Adjutant General of the Utah National Guard; and
18 (c) the chief law enforcement officer of:
19 (i) each county or municipality where an Olympic venue is located; and
20 (ii) Park City.
21 (2) The commissioner shall serve as chair of the command and call all necessary meetings.
22 (3) A majority of the members constitutes a quorum for the transaction of business. The
23 action of a majority of a quorum constitutes the action of the command.
24 (4) (a) (i) A state government member who does not receive salary, per diem, or expenses
25 from the state for the member's service may receive per diem and expenses incurred in the
26 performance of the member's official duties as a member of the command at the rates established
27 by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
28 (ii) A state government member who is a member because of the member's state
29 government position may not receive per diem or expenses for the member's service.
30 (iii) A state government member may decline to receive per diem and expenses for the
31 member's service.
1 (b) (i) A local government member who does not receive salary, per diem, or expenses
2 from the entity that the member represents for the member's service may receive per diem and
3 expenses incurred in the performance of the member's official duties as a member of the command
4 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
5 (ii) A local government member may decline to receive per diem and expenses for the
6 member's service.
7 Section 5. Section 53-10-202 is enacted to read:
8 53-10-202. Duties and powers of the command.
9 (1) In cooperation with the chief security officer, the command shall:
10 (a) coordinate personnel and resources of state law enforcement agencies providing law
11 enforcement services related to the Olympics;
12 (b) work with the State Olympic Coordinator in obtaining assistance from state agencies
13 in accordance with Section 53-10-302;
14 (c) coordinate law enforcement services by state law enforcement agencies; and
15 (d) contract with the organizing committee and federal agencies listed in Subsection (2)
16 for the provision of law enforcement services.
17 (2) Without the approval of the command, a state law enforcement agency other than the
18 command may not enter into a contractual agreement for providing law enforcement services
19 related to the Olympics with:
20 (a) the organizing committee; or
21 (b) an agency of the federal government.
22 (3) The command shall comply with Title 63A, Chapter 10, State Olympic Coordination
23 Act, in entering into any contract, financial arrangement, or agreement under this chapter.
24 Section 6. Section 53-10-301 is enacted to read:
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26 53-10-301. Chief security officer.
27 (1) The commissioner or the commissioner's designee shall serve as the chief security
28 officer for the Olympics.
29 (2) The chief security officer shall:
30 (a) oversee state law enforcement agency activities in providing law enforcement services
31 during the Olympics; and
1 (b) exercise supervisory authority over all peace officers, special functions officers, or
2 security personnel of state law enforcement agencies placed under the chief security officer's
3 command.
4 (3) In planning for the law enforcement services, the chief security officer shall:
5 (a) coordinate with the command; and
6 (b) consult with the:
7 (i) State Olympic Coordinator; and
8 (ii) organizing committee.
9 (4) The chief security officer shall receive compensation as provided in Title 67, Chapter
10 19, Utah State Personnel Management Act, except that if the chief security officer is the
11 commissioner, the commissioner may not receive compensation in addition to the compensation
12 the commissioner receives as the commissioner.
13 Section 7. Section 53-10-302 is enacted to read:
14 53-10-302. Cooperation of state agencies.
15 (1) The command or chief security officer may request a state agency other than a state
16 law enforcement agency officer to provide assistance to the command or chief security officer for
17 law enforcement services for the Olympics if:
18 (a) the command or chief security officer enters into a written contract for the assistance;
19 and
20 (b) complies with the requirements of Title 63A, Chapter 10, State Olympic Coordination.
21 (2) The written contract required under Subsection (1) shall address whether the command
22 shall pay the state agency for any costs incurred by the state agency in providing the assistance
23 described in this section.
24 (3) Assistance that can be requested under this section includes:
25 (a) personnel;
26 (b) equipment;
27 (c) information; or
28 (d) other assistance.
29 (4) Notwithstanding Subsection (2), for the period during which an employee of a state
30 agency provides law enforcement services at the request of the command or chief security officer
31 in accordance with Subsection (2), the employee shall receive the employee's regular
1 compensation paid by the employee's regular employer.
2 Section 8. Section 53-10-303 is enacted to read:
3 53-10-303. Emergency law enforcement services.
4 If the governor determines that an emergency exists that requires state government
5 emergency assistance as part of the law enforcement services provided for the Olympics, the
6 governor may:
7 (1) take any action permitted during a declared state of emergency under Section 63-5a-3;
8 or
9 (2) waive the requirements of Section 53-10-302.
10 Section 9. Section 63-49-201 is enacted to read:
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12 63-49-201. Title.
13 This part shall be known as the "State Olympic Transportation Act."
14 Section 10. Section 63-49-202 is enacted to read:
15 63-49-202. Definitions.
16 As used in this part:
17 (1) "Chief transportation officer" means the chief transportation officer appointed under
18 Section 63-49-205.
19 (2) "Committee" means the State Olympic Transportation Committee created in Section
20 63-49-203.
21 (3) "Emergency" means a situation requiring immediate state government assistance to
22 save lives or to protect property, public health, welfare, and safety because of a disaster, as that
23 term is defined in Section 53-2-102.
24 (4) "Olympics" means the 2002 Winter Olympic Games to be hosted by Salt Lake City.
25 (5) "Organizing committee" means the Salt Lake Olympic Organizing Committee for the
26 Olympic Winter Games of 2002.
27 (6) "State agency" means any department, division, commission, council, board, bureau,
28 committee, institution, government corporation, or other establishment or official of this state,
29 except the Legislature, and includes a state institution of higher education and the Utah Sports
30 Authority created in Section 63A-7-104.
31 (7) "State highway services" means providing state highway purposes as defined in
1 Section 27-12-96 as it relates to the Olympics.
2 (8) "State transportation agency" means:
3 (a) a "highway authority" under Subsection 27-12-2(7);
4 (b) an agency of a state institution of higher education institution that exists to provide
5 state highways services; and
6 (c) the Utah Transit Authority.
7 (9) "State Olympic Coordinator" means the State Olympic Coordinator appointed under
8 Section 63A-10-103.
9 (10) "Venue" is a location designated as a venue by the organizing committee.
10 Section 11. Section 63-49-203 is enacted to read:
11 63-49-203. State Olympic Transportation Committee -- Creation -- Membership --
12 Chair -- Quorum -- Compensation.
13 (1) There is created within the department the "State Olympic Transportation Committee"
14 consisting of the following members:
15 (a) the executive director or the executive director's designee;
16 (b) a transportation commissioner as designated by the commission's chair;
17 (c) the chief transportation officer, if not the same individual as described in Subsection
18 (1)(a); and
19 (d) a transportation representative appointed by:
20 (i) Park City; and
21 (ii) each county or municipality where an Olympic venue is located.
22 (2) The executive director or the executive director's designee shall serve as chair of the
23 committee and call all necessary meetings.
24 (3) A majority of the members constitutes a quorum for the transaction of business. The
25 action of a majority of a quorum constitutes the action of the committee.
26 (4) (a) (i) A state government member who does not receive salary, per diem, or expenses
27 from the state for the member's service may receive per diem and expenses incurred in the
28 performance of the member's official duties as a member of the committee at the rates established
29 by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
30 (ii) A state government member who is a member because of the member's state
31 government position may not receive per diem or expenses for the member's service.
1 (iii) A state government member may decline to receive per diem and expenses for the
2 member's service.
3 (b) (i) A local government member who does not receive salary, per diem, or expenses
4 from the entity that the member represents for the member's service may receive per diem and
5 expenses incurred in the performance of the member's official duties as a member of the committee
6 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
7 (ii) A local government member may decline to receive per diem and expenses for the
8 member's service.
9 Section 12. Section 63-49-204 is enacted to read:
10 63-49-204. Duties and powers of the committee.
11 (1) In cooperation with the executive director, the committee shall:
12 (a) coordinate personnel and resources of state transportation agencies that shall provide
13 state highway services related to the Olympics;
14 (b) work with the State Olympic Coordinator in obtaining assistance from state agencies
15 in accordance with Section 63-49-206;
16 (c) coordinate state highway services by state transportation agencies;
17 (d) contract with the organizing committee and federal agencies listed in Subsection (2)
18 for the provision of state highway services; and
19 (e) coordinate and submit any request to a federal agency or Congress for transportation
20 funding.
21 (2) Without the approval of the committee, a state transportation agency may not enter into
22 a contractual agreement for providing state highway services related to the Olympics with:
23 (a) the organizing committee; or
24 (b) an agency of the federal government.
25 (3) The committee and any state transportation agency shall comply with Title 63A,
26 Chapter 10, State Olympic Coordination Act, in entering into any contract, financial arrangement,
27 or agreement under this part.
28 Section 13. Section 63-49-205 is enacted to read:
29 63-49-205. Chief transportation officer.
30 (1) The executive director or the executive director's designee shall serve as the chief
31 transportation officer for the Olympics.
1 (2) The chief transportation officer shall:
2 (a) oversee state transportation agency activities in providing state highway services before
3 and during the Olympics; and
4 (b) exercise supervisory authority over all transportation personnel of state transportation
5 agencies placed under the chief transpiration officer's supervision.
6 (3) In planning for the state highway services, the chief transpiration officer shall:
7 (a) coordinate with the committee; and
8 (b) consult with the:
9 (i) State Olympic Coordinator; and
10 (ii) organizing committee.
11 (4) The chief transpiration officer shall receive compensation as provided in Title 67,
12 Chapter 19, Utah State Personnel Management Act, except that if the chief transpiration officer
13 is the executive director, the executive director may not receive compensation in addition to the
14 compensation the executive director receives as the executive director.
15 Section 14. Section 63-49-206 is enacted to read:
16 63-49-206. Cooperation of state agencies.
17 (1) The committee or chief transportation officer may request a state agency other than a
18 state transportation agency officer to provide assistance to the committee or chief transportation
19 officer for state highway services related to the Olympics if:
20 (a) the committee or chief of transportation officer enters into a written contract for the
21 assistance; and
22 (b) complies with the requirements of Title 63A, Chapter 10, State Olympic Coordination.
23 (2) The written contract required under Subsection (1) shall address whether the committee
24 shall pay the state agency for any costs incurred by the state agency in providing the assistance
25 described in this section.
26 (3) Assistance that can be requested under this section includes:
27 (a) personnel;
28 (b) equipment;
29 (c) information; or
30 (d) other assistance.
31 (4) Notwithstanding Subsection (2), for the period during which an employee of a state
1 agency provides state highway services at the request of the committee or chief transportation
2 officer in accordance with Subsection (2), the employee shall receive the employee's regular
3 compensation paid by the employee's regular employer.
4 Section 15. Section 63-49-207 is enacted to read:
5 63-49-207. Emergency state highway services.
6 If the governor determines that an emergency exists that requires state government
7 emergency assistance as part of the state highway services provided for the Olympics, the governor
8 may:
9 (1) take any action permitted during a declared state of emergency under Section 63-5a-3;
10 or
11 (2) waive the requirements of Section 63-49-207.
12 Section 16. Section 63-55b-5301 is enacted to read:
13 63-55b-5301. Repeal dates Title 53.
14 Title 53, Chapter 10, State Olympic Law Enforcement Command Act, is repealed July 1,
15 2002.
16 Section 17. Section 63-55b-6301 is enacted to read:
17 63-55b-6301. Repeal dates Title 63.
18 Title 63, Chapter 49, Part 2, State Olympic Transportation Act, is repealed July 1, 2002.
19 Section 18. Section 63A-7-106 is amended to read:
20 63A-7-106. Financial plan approval by governor and mayor.
21 (1) (a) Any public sports entity that hosts, organizes, conducts, or operates the Olympic
22 Winter Games shall:
23 (i) quarterly submit the financial plan for hosting the games to the governor and the mayor
24 of Salt Lake City for review and approval;
25 (ii) annually provide to the State Olympic Coordinator in a form that meets generally
26 accepted accounting principles, except as noted in the audit opinion, the public sports entity's
27 balance sheet, income statement, cash flow statement, and the entity's current operating
28 performance as compared to its budget; and
29 (iii) provide the State Olympic Coordinator reasonable access during normal business
30 hours to the financial ledgers of the public sports entity.
31 (b) The State Olympic Coordinator may request from the public sports entity access to any
1 other financial records not disclosed under Subsection (1)(a). The public sports entity shall
2 provide the coordinator access to the records if the board of trustees of the public sports entity
3 approves the request.
4 (c) Prior to approving the quarterly financial plan submitted under Subsection (1)(a)(i),
5 the governor shall consider whether the financial plan should include provisions for repayment of
6 any services or property provided by a state agency, as defined in Subsection 63A-10-102(4). In
7 determining whether repayment should be included, the governor may consider:
8 (i) the base costs of the agency for providing the services or property to the general public;
9 (ii) incremental costs of providing the additional services or property related to the
10 Olympics; and
11 (iii) the benefits, if any, the state agency or the state will receive as a result of the Olympic
12 Winter Games.
13 (2) The State Olympic Coordinator shall:
14 (a) distribute the information provided in Subsection (1)(a)(ii) to:
15 (i) the Division of Finance;
16 (ii) the state auditor;
17 (iii) the legislative auditor general;
18 (iv) the Office of Legislative Research and General Counsel; and
19 (v) the Office of the Legislative Fiscal Analyst; and
20 (b) review the information provided under Subsection (1) and report annually to the Sports
21 Advisory Committee and Executive Appropriations Committee concerning the financial plan for
22 hosting the games.
23 (3) At the request of a public sports entity, information obtained by the State Olympic
24 Coordinator from the public sports entity shall be a protected record under Title 63, Chapter 2,
25 Government Records Access Management Act, if:
26 (a) the record is designated as protected by the public sports entity; and
27 (b) the information is not public information under this chapter or other state or federal
28 laws.
29 (4) (a) The State Olympic Coordinator shall quarterly report to the governor regarding any
30 contracts or agreements entered into by a public sports entity that may require a state agency, as
31 defined in Subsection 63A-10-102(4), to provide services or equipment.
1 (b) The public sports entity shall provide the State Olympic Coordinator reasonable access
2 during normal business hours to contracts of the public sports entity related to hosting, organizing,
3 conducting, or operating the Olympic Winter Games.
4 Section 19. Section 63A-10-105 is amended to read:
5 63A-10-105. Approval of all contracts, financial arrangements, and state
6 requirements or exemptions.
7 (1) For any contract or financial arrangement entered into after May 1, 1996, and except
8 as provided in Subsection (3) and (4), a state agency may not enter into any contract or financial
9 arrangement with, impose any requirement on, or establish any exemption for, the organizing
10 committee or other entity in relation to the Olympics unless:
11 (a) the state agency informs the coordinator of the contract, financial arrangement, or state
12 requirement or exemption and provides the coordinator with:
13 (i) a copy of the contract or a detailed written description of the financial arrangement or
14 state requirement or exemption; and
15 (ii) estimates of the costs to the state of the contract, financial arrangement, or state
16 requirement or exemption;
17 (b) the coordinator reviews the materials provided under Subsection (1)(a); and
18 (c) the governor approves the contract, financial arrangement, state requirement, or
19 exemption.
20 (2) A state agency shall cooperate with the coordinator and provide any information
21 related to the Olympics requested by the coordinator or the governor.
22 (3) The coordinator may establish a policy that exempts a contract or agreement from the
23 requirements of this chapter if:
24 (a) the size of a project, the scope of the activities, or the amount of money or state
25 resources involved in the contract or agreement is of a minimal or insignificant nature; and
26 (b) the exemption is in the public interest.
27 (4) The Utah Sports Authority is not subject to the requirements of this section for any
28 expenditure, loan, or pledge of sales and use tax revenue deposited in the Olympics special
29 revenue fund or funds under Subsection 59-12-103(4) that commits or expends the first
30 $59,000,000 in sales and use tax revenue from the Olympics special revenue fund or funds.
31 (5) The organizing committee shall quarterly provide the coordinator with a list of any
1 contract or financial arrangement that the organizing committee has entered into or is negotiating
2 with a state agency.
3 Section 20. Effective date.
4 If approved by two-thirds of all the members elected to each house, this act takes effect
5 upon approval by the governor, or the day following the constitutional time limit of Utah
6 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
7 date of veto override.
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