S.B. 188

1

STATE OLYMPIC COORDINATION
2 AMENDMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Alarik Myrin
6 AN ACT RELATING TO STATE AFFAIRS; CHANGING THE NAME OF THE STATE
7 OLYMPIC COORDINATOR TO STATE OLYMPIC OFFICER; ADDRESSING
8 RELATIONSHIP BETWEEN THE UTAH SPORTS AUTHORITY AND THE STATE
9 OLYMPIC OFFICER; AMENDING PROVISION RELATED TO REIMBURSEMENT OF
10 SALES AND USE TAXES; ADDRESSING COMPENSATION FOR THE STATE OLYMPIC
11 OFFICER; MAKING TECHNICAL CORRECTIONS; AND PROVIDING FOR
12 RETROACTIVE APPLICATION.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 49-3-206, as last amended by Chapter 31, Laws of Utah 1997
16 59-12-103, as last amended by Chapters 261 and 272, Laws of Utah 1997
17 63A-7-104, as last amended by Chapter 146, Laws of Utah 1997
18 63A-7-106, as last amended by Chapter 186, Laws of Utah 1996
19 63A-10-102, as enacted by Chapter 186, Laws of Utah 1996
20 63A-10-103, as enacted by Chapter 186, Laws of Utah 1996
21 63A-10-104, as enacted by Chapter 186, Laws of Utah 1996
22 63A-10-105, as enacted by Chapter 186, Laws of Utah 1996
23 63A-10-106, as last amended by Chapter 10, Laws of Utah 1997
24 63A-10-107, as enacted by Chapter 186, Laws of Utah 1996
25 67-22-2, as last amended by Chapters 82, 375 and 376, Laws of Utah 1997
25a S ENACTS:
25b 63A-7-113, UTAH CODE ANNOTATED 1953 s
26 Be it enacted by the Legislature of the state of Utah:
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Amend on 2_goldenrod February 24, 1998 27 Section 1. Section 49-3-206 is amended to read:

1 49-3-206. Exclusions from membership in system.
2 The following employees are excluded from membership in the retirement system:
3 (1) Every employee whose employment status is temporary in nature due to the nature or
4 the type of work to be performed. If the term of employment exceeds six months, then for that
5 employee a regular full-time status shall be assumed, and the employee shall be enrolled in the
6 system effective the beginning of the seventh month of employment. If the same employee,
7 previously terminated prior to enrollment as a member, is again employed within three months of
8 termination by the same employer, the employee shall be immediately enrolled as a member if the
9 work constitutes full-time as defined in this chapter.
10 (2) Full-time students or the spouse of a full-time student and persons employed in a
11 trainee relationship may be excluded from coverage by rules adopted by the board.
12 (3) Every current or future employee of a two-year or four-year college or university who
13 holds, or is entitled to hold, pursuant to Section 49-2-206, a retirement annuity contract with the
14 Teachers' Insurance and Annuity Association of America or with any other public or private
15 system, organization, or company during any period in which that employee has received
16 contributions toward the premiums required on compensation from the employing unit. The
17 employee, upon cessation of the employer contributions, shall immediately become a contributing
18 member.
19 (4) Every employee serving as an exchange employee from outside the state.
20 (5) Elected officials who file a formal request for exemption.
21 (6) Executive department heads of the state, members of the State Tax Commission, the
22 Public Service Commission, the State Olympic Officer, and other members of full-time or
23 part-time boards or commissions who file a formal request to be excluded from coverage.
24 (7) (a) Employees of the Department of Employment Security who are covered under
25 another retirement system allowed under Title [35] 35A, Chapter 4, Employment Security Act; or
26 (b) employees of the Department of Workforce Services who were covered under
27 Subsection (a) and who are covered under another retirement system allowed under Title 35A,
28 Chapter 4, Employment Security Act.
29 (8) Persons appointed as city managers or chief city administrators or other persons
30 employed by a city, town, county, or other political subdivision, who are not entitled to merit or
31 civil service protection. Persons eligible for exclusion under this subsection shall file a formal

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1 request for exclusion from coverage and be employed in a position designated as exempt under
2 an employee exemption plan developed by the city, town, county, or political subdivision.
3 Employee exemption plans shall be subject to the following limitations:
4 (a) The total number of positions a city, town, county, or political subdivision may exempt
5 may not exceed the lesser of 30 positions or a number equal to 10% of the employees of the city,
6 town, county, or political subdivision. However, every city, town, county, or political subdivision
7 is entitled to a minimum exemption of one eligible employee.
8 (b) Employee exemption plans shall be filed annually with the retirement office, and the
9 city, town, county, or political subdivision shall update the exemption plan in the event of any
10 change.
11 (c) The retirement office may promulgate rules to implement this section.
12 Section 2. Section 59-12-103 is amended to read:
13 59-12-103. Sales and use tax base -- Rate -- Use of sales and use tax revenues.
14 (1) There is levied a tax on the purchaser for the amount paid or charged for the following:
15 (a) retail sales of tangible personal property made within the state;
16 (b) amount paid to common carriers or to telephone or telegraph corporations, whether the
17 corporations are municipally or privately owned, for:
18 (i) all transportation;
19 (ii) intrastate telephone service; or
20 (iii) telegraph service;
21 (c) gas, electricity, heat, coal, fuel oil, or other fuels sold for commercial use;
22 (d) gas, electricity, heat, coal, fuel oil, or other fuels sold for residential use;
23 (e) meals sold;
24 (f) (i) admission or user fees for theaters, movies, operas, museums, planetariums, shows
25 of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides,
26 circuses, menageries, fairs, races, contests, sporting events, dances, boxing and wrestling matches,
27 closed circuit television broadcasts, billiard or pool parlors, bowling lanes, golf and miniature golf,
28 golf driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
29 tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
30 horseback rides, sports activities, or any other amusement, entertainment, recreation, exhibition,
31 cultural, or athletic activity;

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1 (ii) the tax imposed on admission or user fees in Subsection (1)(f)(i) does not affect an
2 entity's sales tax exempt status under Section 59-12-104.1;
3 (g) services for repairs or renovations of tangible personal property or services to install
4 tangible personal property in connection with other tangible personal property;
5 (h) except as provided in Subsection 59-12-104(8), cleaning or washing of tangible
6 personal property;
7 (i) tourist home, hotel, motel, or trailer court accommodations and services for less than
8 30 consecutive days;
9 (j) laundry and dry cleaning services;
10 (k) leases and rentals of tangible personal property if the property situs is in this state, if
11 the lessee took possession in this state, or if the property is stored, used, or otherwise consumed
12 in this state; and
13 (l) tangible personal property stored, used, or consumed in this state.
14 (2) Except for Subsection (1)(d), the rates of the tax levied under Subsection (1) shall be:
15 (a) 5% through June 30, 1994;
16 (b) 4.875% beginning on July 1, 1994 through June 30, 1997; and
17 (c) 4.75% beginning on July 1, 1997.
18 (3) The rates of the tax levied under Subsection (1)(d) shall be 2% from and after January
19 1, 1990.
20 (4) (a) From January 1, 1990, through December 31, 1999, there shall be deposited in an
21 Olympics special revenue fund or funds as determined by the Division of Finance under Section
22 51-5-4, for the use of the Utah Sports Authority created under Title 63A, Chapter 7, Utah Sports
23 Authority Act:
24 (i) the amount of sales and use tax generated by a 1/64% tax rate on the taxable items and
25 services under Subsection (1);
26 (ii) the amount of revenue generated by a 1/64% tax rate under Section 59-12-204 or
27 Section 59-12-205 on the taxable items and services under Subsection (1); and
28 (iii) interest earned on the amounts under Subsections (4)(a)(i) and (ii).
29 (b) These funds shall be used:
30 (i) by the Utah Sports Authority as follows:
31 (A) to the extent funds are available, to transfer directly to a debt service fund or to

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1 otherwise reimburse to the state any amount expended on debt service or any other cost of any
2 bonds issued by the state to construct any public sports facility as defined in Section 63A-7-103;
3 (B) to pay for the actual and necessary operating, administrative, legal, and other expenses
4 of the Utah Sports Authority, but not including protocol expenses for seeking and obtaining the
5 right to host the Winter Olympic Games; and
6 (C) S UNLESS THE LEGISLATURE APPROPRIATES ADDITIONAL FUNDS FROM THE
6a OLYMPICS SPECIAL REVENUE FUND TO THE UTAH SPORTS AUTHORITY, s the Utah Sports
6b Authority may not expend, loan, or pledge in the aggregate more than S ;
6c (I) s
7 $59,000,000 of sales and use tax deposited into the Olympics special revenue fund under
8 Subsection (4)(a) S [ unless the Legislature appropriates additional funds from the Olympics
8a special
9 revenue fund to the Utah Sports Authority; or] ;
9a (II) THE INTEREST EARNED ON THE AMOUNT DESCRIBED IN SUBSECTION (4)(b)(i)(C)(I); AND
9b (III) THE REVENUES DEPOSITED INTO THE OLYMPICS SPECIAL REVENUE FUND THAT ARE
9c NOT SALES AND USE TAXES DEPOSITED UNDER SUBSECTION (4)(a) OR INTEREST ON THE SALES
9d AND USE TAXES. s
10 (ii) to pay salary, benefits, or administrative costs associated with the State Olympic
11 [Coordinator] Officer under Subsection 63A-10-103(3), except that the salary, benefits, or
12 administrative costs may not be paid from the sales and tax revenues generated by municipalities
13 or counties and deposited under Subsection (4)(a)(ii).
14 (c) A payment of salary, benefits, or administrative costs under Subsection 63A-10-103(3)
15 is not considered an expenditure of the Utah Sports Authority.
16 (d) If the Legislature appropriates additional funds under Subsection (4)(b)(i)(C), the
17 authority may not expend, loan, pledge, or enter into any agreement to expend, loan, or pledge the
18 appropriated funds unless the authority:
19 (i) contracts in writing for the full reimbursement of the monies to the Olympics special
20 revenue fund by a public sports entity or other person benefitting from the expenditure; and
21 (ii) obtains a security interest that secures payment or performance of the obligation to
22 reimburse.
23 (e) A contract or agreement entered into in violation of Subsection (4)(d) is void.
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Amend on 2_goldenrod February 24, 1998 - 5 -

24 S [ (f) Any monies in the Olympics special revenue fund or funds [as of October 1, 2002,]
25 shall be dispersed as follows: ] s
26 [(i) 50% shall be deposited into the General Fund; and]
27 S [ [(ii) 50%] (i) by no later than January 11, 2002, except as to any county or municipality
28 described in Subsection (4)(f)(ii)(A), the portion of the monies in the Olympic special revenue
29 fund or funds generated by the counties or municipalities shall be distributed to the counties[,
30 cities, or towns] or municipalities in proportion to the sales and use taxes generated by [the] each
31 county[, city, or town] or municipality and deposited under Subsection (4)(a)(ii)[.]; and ] s

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Amend on 2_goldenrod February 24, 1998 - 5a -

1 S [ (ii) by no later than May 5, 2003:
2 (A) there may be distributed to any county or municipality that has entered into an
3 indemnification agreement with the state regarding risks related to the Winter Olympic Games of
4 2002 the sum of:
5 (I) the portion of the sales and use taxes generated by the county or municipality and
6 deposited under Subsection (4)(a)(ii); and
7 (II) interest earned on the amount described in Subsection (4)(f)(ii)(A); and
8 (B) any monies in the Olympic special revenue fund or funds after the disbursement under
9 Subsection (4)(f)(ii)(A) shall be deposited into the General Fund. ] s
10 (5) (a) From July 1, 1997, the annual amount of sales and use tax generated by a 1/8% tax
11 rate on the taxable items and services under Subsection (1) shall be used as follows:
12 (i) 50% shall be used for water and wastewater projects as provided in Subsections (5)(b)
13 through (f); and
14 (ii) 50% shall be used for transportation projects as provided in Subsections (5)(g) through
15 (h).
16 (b) Five hundred thousand dollars each year shall be transferred to the Agriculture
17 Resource Development Fund created in Section 4-18-6.
18 (c) Fifty percent of the remaining amount generated by 50% of the 1/8% tax rate shall be
19 transferred to the Water Resources Conservation and Development Fund created in Section
20 73-10-24 for use by the Division of Water Resources. In addition to the uses allowed of the fund
21 under Section 73-10-24, the fund may also be used to:
22 (i) provide a portion of the local cost share, not to exceed in any fiscal year 50% of the
23 funds made available to the Division of Water Resources under this section, of potential project
24 features of the Central Utah Project;
25 (ii) conduct hydrologic and geotechnical investigations by the Department of Natural
26 Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
27 quantifying surface and ground water resources and describing the hydrologic systems of an area
28 in sufficient detail so as to enable local and state resource managers to plan for and accommodate
29 growth in water use without jeopardizing the resource;
30 (iii) fund state required dam safety improvements; and
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Amend on 2_goldenrod February 24, 1998 31 (iv) protect the state's interest in interstate water compact allocations, including the hiring

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1 of technical and legal staff.
2 (d) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate
3 shall be transferred to the Utah Wastewater Loan Program subaccount created in Section 73-10c-5
4 for use by the Water Quality Board to fund wastewater projects as defined in Section 73-10b-2.
5 (e) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate
6 shall be transferred to the Drinking Water Loan Program subaccount created in Section 73-10c-5
7 for use by the Division of Drinking Water to:
8 (i) provide for the installation and repair of collection, treatment, storage, and distribution
9 facilities for any public water system, as defined in Section 19-4-102;
10 (ii) develop underground sources of water, including springs and wells; and
11 (iii) develop surface water sources.
12 (f) Notwithstanding Subsections (5)(b), (c), (d), and (e), $100,000 of the remaining amount
13 generated by 50% of the 1/8% tax rate each year shall be transferred as dedicated credits to the
14 Division of Water Rights to cover the costs incurred in hiring legal and other technical staff for
15 the adjudication of water rights. Any remaining balance at the end of each fiscal year shall lapse
16 back to the contributing funds on a prorated basis.
17 (g) Fifty percent of the 1/8% tax rate shall be transferred to the class B and class C roads
18 account to be expended as provided in Title 27, Chapter 12, Article 11, Finances, except as
19 provided in Subsection (5)(h).
20 (h) (i) If H.B. 53, "Transportation Corridor Preservation," passes in the 1996 General
21 Session, $500,000 each year shall be transferred to the Transportation Corridor Preservation
22 Revolving Loan Fund, and if H.B. 121, "State Park Access Roads," passes in the 1996 General
23 Session, from July 1, 1997, through June 30, 2006, $500,000 shall be transferred to the Department
24 of Transportation for the State Park Access Highways Improvement Program. The remaining
25 amount generated by 50% of the 1/8% tax rate shall be transferred to the class B and class C roads
26 account.
27 (ii) At least 50% of the money transferred to the Transportation Corridor Preservation
28 Revolving Loan Fund under Subsection (5)(h)(i) shall be used to fund loan applications made by
29 the Department of Transportation at the request of local governments.
30 (6) (a) Beginning on January 1, 2000, the Division of Finance shall deposit into the
31 Centennial Highway Trust Fund created in Section 63-49-22 a portion of the state sales and use

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1 tax under Subsections (2) and (3) equal to the revenues generated by a 1/64% tax rate on the
2 taxable items and services under Subsection (1).
3 (b) Beginning on January 1, 2000, the revenues generated by the 1/64% tax rate:
4 (i) retained under Subsection 59-12-204(7)(a) shall be retained by the counties, cities, or
5 towns as provided in Section 59-12-204; and
6 (ii) retained under Subsection 59-12-205(4)(a) shall be distributed to each county, city, and
7 town as provided in Section 59-12-205.
8 Section 3. Section 63A-7-104 is amended to read:
9 63A-7-104. Utah Sports Authority -- State controls -- Board -- Membership --
10 Meetings -- Removal -- Per diem and expenses.
11 (1) (a) There is created within the department the Utah Sports Authority.
12 (b) The authority is subject to all laws, rules, policies, and other conditions and limitations
13 that govern agencies of state government, including:
14 (i) the procurement procedures contained in Title 63, Chapter 56, Utah Procurement Code;
15 (ii) Title 63A, Chapter 10, State Olympic Coordination Act;
16 [(ii)] (iii) the personnel procedures contained in Title 67, Chapter 19, Utah State Personnel
17 Management Act; and
18 [(iii)] (iv) the laws, rules, policies, and other conditions or limitations from oversight
19 departments, divisions, agencies, or offices such as the Division of Finance, the Division of
20 Facilities Construction and Management, the state treasurer, the state auditor, and the attorney
21 general.
22 (c) (i) Notwithstanding any other provisions of this chapter, the Division of Finance shall
23 provide or contract for all accounting related to public sports facilities, including budgeting,
24 financial reporting, and internal controls of both state and nonstate funds of the authority.
25 (ii) All nonstate funds may be accounted for and controlled outside of the state accounting
26 system.
27 (d) (i) After May 4, 1998, any contract, agreement, or financial arrangement entered into
28 by the authority shall be reviewed by the State Olympic Officer and approved by the governor if
29 the contract, agreement, or financial arrangement involves:
30 (A) the transfer or conveyance of real or personal property or any interest in real or
31 personal property held by the authority on behalf of the state;

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1 (B) the lease or use of a public sports facility by any person other than the authority;
2 (C) construction at a public sports facility; or
3 (D) the management of a public sports facility.
4 (ii) A contract, agreement, or financial arrangement entered into after May 4, 1998, that
5 is not reviewed and approved in accordance with this Subsection (1)(d) is voidable at the option
6 of the governor.
7 (iii) The State Olympic Officer may establish a policy that exempts a contract, agreement,
8 or financial arrangement from the requirements of this Subsection (1)(d) if:
9 (A) the size of a project, the scope of the activities, or the amount of money or state
10 resources involved is of minimal or insignificant nature; and
11 (B) the exemption is in the public interest.
12 (iv) The requirements of this Subsection (1)(d) are in addition to any other requirements
13 imposed on the authority by law, including approval by the Legislature of any conveyance under
14 Subsection 63A-7-105(20).
15 (2) The policy of the authority shall be determined by the authority board rather than the
16 executive director.
17 (3) There is created a Utah Sports Authority Board that shall consist of 19 members as
18 follows:
19 (a) 18 individuals appointed by the governor, with the advice and consent of the Senate,
20 as follows:
21 (i) five individuals from a list of ten nominees provided by the Utah League of Cities and
22 Towns, with not more than one being a resident of any given county;
23 (ii) two individuals from a list of four nominees provided by the Utah Association of
24 Counties;
25 (iii) three individuals from a list of six nominees provided by the mayor of Salt Lake City;
26 (iv) four individuals from the state at large; and
27 (v) four individuals:
28 (A) who prior to or at the time of appointment are athletes; and
29 (B) that the governor determines fairly represent the interests of athletes that will be served
30 by state programs or facilities overseen by the authority; and
31 (b) the executive director of the Department of Community and Economic Development.

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1 (4) The authority board membership shall include representatives of private business and
2 industry. Examples of industries that may be represented on the board include the banking,
3 accounting, legal, financial services, and amateur sports industries.
4 (5) (a) In making appointments to the authority board, the governor shall consider
5 geographical representation.
6 (b) A member of the authority board may not hold an elective public office.
7 (c) Each board member shall be a resident of the state as defined in Section 20A-2-105.
8 (d) No more than eight board members may have the same political party affiliation and
9 the political party affiliation of each board member and any change in that affiliation shall be
10 disclosed to the board.
11 (e) A member of the authority board, any of its employees, or any employees of the
12 department or the Department of Community and Economic Development may not be on the board
13 of, be employed by, contract with, or in any way be affiliated with any private entity that is using
14 or seeking to use state funds to solicit, attract, organize, schedule, conduct, book, provide, operate,
15 or create any public sports event, or that uses or seeks to use any public sports facility, unless any
16 affiliation with the private entity is fully disclosed to the authority board and the advisory
17 committee in an open and public meeting.
18 (6) (a) Except as required by Subsection (6)(b), each board member shall serve a four-year
19 term beginning January 1, 1990.
20 (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
21 of appointment or reappointment, adjust the length of terms to ensure that the terms of authority
22 members are staggered so that approximately half of the authority is appointed every two years.
23 (7) The governor shall appoint one of the members appointed to a four-year term as the
24 chair of the authority board. The members shall elect from among their number a vice chair and
25 other officers they may determine. The chair shall serve at the pleasure of the governor.
26 (8) (a) The authority board shall meet at least quarterly unless otherwise determined by
27 a majority of the members and at other times at the discretion of the chair.
28 (b) A majority of the authority board is a quorum for conducting authority business. A
29 majority vote of those present is required for any action to be taken by the authority.
30 (c) The authority board shall invite the members of the advisory committee and other
31 agencies and individuals listed in Subsection (8)(e) to all of its meetings. The authority shall allow

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1 members of the advisory committee and other agencies and individuals listed in Subsection (8)(e)
2 to attend, participate in discussions, and review all materials presented in all meetings of the
3 authority.
4 (d) The authority shall include at least two members of the advisory committee on each
5 subcommittee the authority board may create.
6 (e) The authority board shall provide meeting notices, agendas, and minutes of meetings:
7 (i) to members of the advisory committee;
8 (ii) the governor;
9 (iii) the attorney general;
10 (iv) the Division of Finance;
11 (v) the Department of Administrative Services;
12 (vi) the Division of Facilities Construction and Management;
13 (vii) the state auditor;
14 (viii) the legislative auditor general;
15 (ix) the Office of Legislative Research and General Counsel; [and]
16 (x) the Office of the Legislative Fiscal Analyst; and
17 (xi) the State Olympic Officer.
18 (9) (a) Any member may be removed from office with cause by the governor or for cause
19 by an affirmative vote of eight members.
20 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
21 appointed for the unexpired term in the same manner as the original appointment, subject to the
22 consent of the Senate.
23 (c) A member shall continue to hold office until the member's successor has been
24 appointed and qualified.
25 (d) Any member is eligible for reappointment, but may not serve more than four full
26 consecutive terms.
27 (10) The authority shall exist as long as it has obligations outstanding and until its
28 existence is terminated by law. Upon the termination of the existence of the authority, all its rights
29 and properties shall pass to and be vested in the state.
30 (11) (a) (i) A member who is not a government employee shall receive no compensation
31 or benefits for that member's services, but may receive per diem and expenses incurred in the

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1 performance of the member's official duties at the rates established by the Division of Finance
2 under Sections 63A-3-106 and 63A-3-107.
3 (ii) A member may decline to receive per diem and expenses for the member's service.
4 (b) (i) A state government officer or employee member who does not receive salary, per
5 diem, or expenses from the officer's or employee's agency for the officer's or employee's service
6 may receive per diem and expenses incurred in the performance of the officer's or employee's
7 official duties from the authority at the rates established by the Division of Finance under Sections
8 63A-3-106 and 63A-3-107.
9 (ii) A state government officer or employee member may decline to receive per diem and
10 expenses for the officer's or employee's service.
11 (c) (i) A local government member who does not receive salary, per diem, or expenses from
12 the entity that the member represents for the service may receive per diem and expenses incurred
13 in the performance of the member's official duties at the rates established by the Division of
14 Finance under Sections 63A-3-106 and 63A-3-107.
15 (ii) A local government member may decline to receive per diem and expenses for the
16 member's service.
17 Section 4. Section 63A-7-106 is amended to read:
18 63A-7-106. Financial plan approval by governor and mayor.
19 (1) (a) Any public sports entity that hosts, organizes, conducts, or operates the Olympic
20 Winter Games shall:
21 (i) quarterly submit the financial plan for hosting the games to the governor and the mayor
22 of Salt Lake City for review and approval;
23 (ii) annually provide to the State Olympic [Coordinator] Officer in a form that meets
24 generally accepted accounting principles, except as noted in the audit opinion, the public sports
25 entity's balance sheet, income statement, cash flow statement, and the entity's current operating
26 performance as compared to its budget; and
27 (iii) provide the State Olympic [Coordinator] Officer reasonable access during normal
28 business hours to the financial ledgers of the public sports entity.
29 (b) The State Olympic [Coordinator] Officer may request from the public sports entity
30 access to any other financial records not disclosed under Subsection (1)(a). The public sports
31 entity shall provide the coordinator access to the records if the board of trustees of the public sports

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1 entity approves the request.
2 (2) The State Olympic [Coordinator] Officer shall:
3 (a) distribute the information provided in Subsection (1)(a)(ii) to:
4 (i) the Division of Finance;
5 (ii) the state auditor;
6 (iii) the legislative auditor general;
7 (iv) the Office of Legislative Research and General Counsel; and
8 (v) the Office of the Legislative Fiscal Analyst; and
9 (b) review the information provided under Subsection (1) and report annually to the Sports
10 Advisory Committee and Executive Appropriations Committee concerning the financial plan for
11 hosting the games.
12 (3) At the request of a public sports entity, information obtained by the State Olympic
13 [Coordinator] Officer from the public sports entity shall be a protected record under Title 63,
14 Chapter 2, Government Records Access Management Act, if:
15 (a) the record is designated as protected by the public sports entity; and
16 (b) the information is not public information under this chapter or other state or federal
17 laws.
17a S Section 5. Section 63A-7-113 is enacted to read:
17b 63A-7-113 Disbursement of the Olympic Special Revenue Fund.
17c (1) AS USED IN THIS SECTION:
17d (a) "BASE SALES AND USE TAX AMOUNT" MEANS THE FIRST $59,000,000 DEPOSITED IN THE
17e OLYMPIC SPECIAL REVENUE FUND UNDER SUBSECTION 59-12-103(4);
17f (b) "OLYMPICS SPECIAL REVENUE FUND MEANS" THE FUND OR FUNDS CREATED UNDER
17g SUBSECTION 59-12-103(4); AND
17h (c) "PROPORTIONATE SHARE" MEANS THE PERCENTAGE OF THE TOTAL SALES AND USE
17i TAXES DEPOSITED UNDER SUBSECTION 59-12-103(4) THAT ARE GENERATED BY A COUNTY OR
17j MUNICIPALITY.
17k (2) BEGINNING ON JANUARY 15, 2002, THE MONIES IN THE OLYMPIC SPECIAL REVENUE
17l FUND SHALL BE DISTRIBUTED AS FOLLOWS:
17m (a) ON OR BEFORE JANUARY 15, 2002, EACH COUNTY OR MUNICIPALITY OTHER THAN A
17n COUNTY OR MUNICIPALITY DESCRIBED IN SUBSECTION (2)(b) SHALL RECEIVE THE COUNTY'S OR
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Amend on 2_goldenrod February 24, 1998 17o MUNICIPALITY'S PROPORTIONATE SHARE OF:
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17p (i) AMOUNTS DEPOSITED INTO THE OLYMPIC SPECIAL REVENUE FUND BY A
17q PUBLIC SPORTS ENTITY AS REIMBURSEMENT OF SALES AND USE TAXES DEPOSITED UNDER
17r SUBSECTION 59-12-103(4); AND
17s (ii)(A) THE SALES AND USE TAXES IN EXCESS OF THE BASE SALES AND USE TAX AMOUNT;
17t AND
17u (B) INTEREST ON THE AMOUNTS DESCRIBED IN SUBSECTION (2)(a)(ii)(A) FOR THE PERIOD
17v BEGINNING ON THE DAY ON WHICH THE SALES AND USE TAXES DEPOSITED INTO THE OLYMPIC
17w SPECIAL FUND EQUAL THE BASE AMOUNT AND ENDING ON THE DAY ON WHICH THE
17x DISBURSEMENT IS MADE TO THE COUNTY OR MUNICIPALITY;
17y (b) BY NO LATER THAN MAY 5, 2003, THERE MAY BE DISTRIBUTED TO ANY COUNTY OR
17z MUNICIPALITY THAT HAS ENTERED INTO AN INDEMNIFICATION AGREEMENT WITH THE STATE
17aa REGARDING RISKS RELATED TO WINTER OLYMPIC GAMES OF 2002:
17ab (i) THE PROPORTIONATE SHARE OF:
17ac (A) AMOUNTS DEPOSITED INTO THE OLYMPIC SPECIAL REVENUE FUND BY A PUBLIC
17ad SPORTS ENTITY AS REIMBURSEMENT OF SALES AND USE TAXES DEPOSITED UNDER SUBSECTION
17ae 59-12-103(4); AND
17af (B)(I) THE SALES AND USE TAXES IN EXCESS OF THE BASE SALES AND USE TAX AMOUNT;
17ag AND
17ah (II) INTEREST ON THE AMOUNTS DESCRIBED IN SUBSECTION (2)(b)(i)(B)(I) FOR THE PERIOD
17ai BEGINNING ON THE DAY ON WHICH THE SALES AND USE TAXES DEPOSITED INTO THE OLYMPIC
17aj SPECIAL FUND EQUAL THE BASE AMOUNT AND ENDING ON THE DAY ON WHICH THE
17ak DISBURSEMENT IS MADE TO THE COUNTY OR MUNICIPALITY; AND
17al (ii) INTEREST ON THE AMOUNTS DESCRIBED IN SUBSECTION (2)(b)(i)(A) FOR THE PERIOD
17am BEGINNING ON JANUARY 15, 2002, AND ENDING ON THE DAY ON WHICH THE DISBURSEMENT IS
17an MADE TO THE COUNTY OR MUNICIPALITY; AND
17ao (c) ANY MONIES IN THE OLYMPIC SPECIAL REVENUE FUND AFTER THE DISBURSEMENT TO
17ap SUBSECTION (2)(b) SHALL BE DEPOSITED IN THE GENERAL FUND. s
18 Section S [5] 6 s . Section 63A-10-102 is amended to read:
19 63A-10-102. Definitions.
20 As used in this chapter:
21 (1) "[Coordinator] Officer" means the State Olympic [Coordinator] Officer appointed in
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Amend on 2_goldenrod February 24, 1998 22 Section 63A-10-103.
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23 (2) "Olympics" means the 2002 Winter Olympic Games to be hosted by Salt Lake City.
24 (3) "Organizing committee" means the Salt Lake [Olympic] Organizing Committee for
25 the Olympic Winter Games of 2002.
26 (4) (a) "State agency" means any department, division, commission, council, board,
27 bureau, committee, institution, government corporation, or other establishment or official of this
28 state, except the Legislature[, and].
29 (b) "State agency" includes:
30 (i) a state institution of higher education; and
31 (ii) the Utah Sports Authority created in Section 63A-7-104.

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Amend on 2_goldenrod February 24, 1998 - 13b -

1 Section 6. Section 63A-10-103 is amended to read:
2 63A-10-103. State Olympic Officer -- Creation.
3 (1) There is created the position of State Olympic [Coordinator] Officer.
4 [(2) From May 1, 1996 through July 1, 1997, the state auditor shall serve as the State
5 Olympic Coordinator and may consult with the director of the Office of Planning and Budget and
6 the Office of the Attorney General in fulfilling the duties outlined in Section 63A-10-104.]
7 [(3)] (2) Beginning July 1, 1997:
8 (a) The State Olympic [Coordinator] Officer shall be an individual appointed by the
9 governor with the advice and consent of the Senate.
10 (b) The [coordinator] officer serves at the pleasure of the governor.
11 (c) The [coordinator] officer shall be experienced in administration, financial, and legal
12 transactions, and coordination of complex organizations.
13 (d) The [coordinator] officer shall receive compensation as provided by Title 67, Chapter
14 [19, Utah State Personnel Management Act] 22, State Officer Compensation.
15 (e) The [coordinator] officer may appoint one additional staff member with the approval
16 of the governor.
17 (f) The Office of Planning and Budget shall provide staff support and physical facilities
18 to the coordinator.
19 (g) Except as provided in Subsection (3)(4), beginning July 1, 1997, the salary, benefits,
20 and administrative costs associated with the [coordinator] officer and an individual appointed by
21 the [coordinator] officer under Subsection [(3)] (2)(e) shall be paid from the Olympics special
22 revenue fund or funds established under Section 59-12-103.
23 [(4)] (3) (a) If there is inadequate monies in the Olympics special revenue fund or funds
24 to pay the salary, benefits, and administrative costs described in Subsection [(3)] (2)(g), the salary,
25 benefits, and administrative cost may be paid from the General Fund.
26 (b) If monies are paid from the General Fund under Subsection [(4)] (3)(a), the monies
27 shall be reimbursed to the General Fund from the Olympics special revenue fund or funds at such
28 time the Olympics special revenue fund or funds has adequate monies to reimburse the General
29 Fund.
30 (c) Notwithstanding Subsections [(3)] (2)(e), [(4)] (3)(a), and (4) (3)(b), the salary,
31 benefits, or administrative costs associated with the [coordinator] officer may not be paid from the

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1 sales and tax revenues generated by municipalities or counties and deposited under Subsection
2 59-12-103(4)(a)(ii).
3 Section 7. Section 63A-10-104 is amended to read:
4 63A-10-104. Duties of officer.
5 (1) The [coordinator] officer shall:
6 (a) review any contract, financial arrangement, state requirement, or exemption submitted
7 under Section 63A-10-105;
8 (b) make a recommendation to the governor as to whether a contract, financial
9 arrangement, state requirement, or exemption submitted under Section 63A-10-105 should be
10 approved; and
11 (c) comply with the review and reporting requirements of Section 63A-7-106.
12 (2) The [coordinator] officer may request any information of a state agency related to a
13 contract or financial arrangement with, a state requirement on, or exemption for, the organizing
14 committee or other entity in relation to the Olympics.
15 Section 8. Section 63A-10-105 is amended to read:
16 63A-10-105. Approval of all contracts, financial arrangements, and state
17 requirements or exemptions.
18 (1) For any contract or financial arrangement entered into after May 1, 1996, and except
19 as provided in Subsection (3) [and (4)], a state agency may not enter into any contract or financial
20 arrangement with, impose any requirement on, or establish any exemption for, the organizing
21 committee or other entity in relation to the Olympics unless:
22 (a) the state agency informs the [coordinator] officer of the contract, financial arrangement,
23 or state requirement or exemption and provides the [coordinator] officer with:
24 (i) a copy of the contract or a detailed written description of the financial arrangement or
25 state requirement or exemption; and
26 (ii) estimates of the costs to the state of the contract, financial arrangement, or state
27 requirement or exemption;
28 (b) the [coordinator] officer reviews the materials provided under Subsection (1)(a); and
29 (c) the governor approves the contract, financial arrangement, state requirement, or
30 exemption.
31 (2) A state agency shall cooperate with the [coordinator] officer and provide any

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1 information related to the Olympics requested by the [coordinator] officer or the governor.
2 (3) The [coordinator] officer may establish a policy that exempts a contract or agreement
3 from the requirements of this chapter if:
4 (a) the size of a project, the scope of the activities, or the amount of money or state
5 resources involved in the contract or agreement is of a minimal or insignificant nature; and
6 (b) the exemption is in the public interest.
7 [(4) The Utah Sports Authority is not subject to the requirements of this section for any
8 expenditure, loan, or pledge of sales and use tax revenue deposited in the Olympics special
9 revenue fund or funds under Subsection 59-12-103(4) that commits or expends the first
10 $59,000,000 in sales and use tax revenue from the Olympics special revenue fund or funds.]
11 Section 9. Section 63A-10-106 is amended to read:
12 63A-10-106. Contracts, financial arrangements, requirements, or exemptions
13 voidable.
14 (1) Except as provided in Subsection (2) [or Subsection 63A-10-105(4)], for any contract
15 or financial arrangement entered into after May 1, 1996, the contract or financial arrangement with,
16 state requirement on, or exemption for the organizing committee or other entity in relation to the
17 Olympics that is not reviewed and approved in accordance with this chapter is voidable at the
18 option of the governor.
19 (2) The [coordinator] officer may establish a policy that exempts a contract or agreement
20 from the requirements of this chapter if:
21 (a) the size of a project, the scope of the activities, or the amount of money or state
22 resources involved in the contract or agreement is of a minimal or insignificant nature; and
23 (b) the exemption is in the public interest.
24 Section 10. Section 63A-10-107 is amended to read:
25 63A-10-107. Compensation for services rendered.
26 (1) If a state agency provides services or property, including equipment, materials, and
27 printing, at the request of the organizing committee, the state agency shall enter into a written
28 contract with the organizing committee for the services or property to be furnished by the state
29 agency for an agreed compensation to be paid by the organizing committee.
30 (2) If the organizing committee requests services or property of a state agency, the
31 organizing committee shall compensate the state agency for the services or property under the

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1 contract required by Subsection (1).
2 (3) A contract required under this section:
3 (a) is subject to the review and approval process of Section 63A-10-105; and
4 (b) may include either a fixed or variable price amount.
5 (4) In determining the amount of compensation under the contract, the state agency and
6 the [coordinator] officer may consider:
7 (a) the base costs of the agency for providing the services or property to the general public;
8 (b) incremental costs of providing the additional requested services or property to the
9 organizing committee; and
10 (c) the benefits, if any, the state agency or the state will receive as a result of the Olympics.
11 (5) If requested by a political subdivision, or agency of a political subdivision, the
12 [coordinator] officer may provide the political subdivision or agency with public information
13 regarding contracts executed between state agencies and the organizing committee.
14 Section 11. Section 67-22-2 is amended to read:
15 67-22-2. Compensation -- Other state officers.
16 (1) The governor shall establish salaries for the following state officers within the
17 following salary ranges fixed by the Legislature:
18 State Officer Salary Range
19 Director, Health Policy Commission $52,500 - $71,100
20 Commissioner of Agriculture and Food $56,200 - $76,200
21 Commissioner of Insurance $56,200 - $76,200
22 Commissioner of the Labor Commission $56,200 - $76,200
23 Director, Alcoholic Beverage Control
24 Commission $56,200 - $76,200
25 Commissioner, Department of
26 Financial Institutions $56,200 - $76,200
27 Members, Board of Pardons and Parole $56,200 - $76,200
28 Executive Director, Department
29 of Commerce $56,200 - $76,200
30 Executive Director, Commission on
31 Criminal and Juvenile Justice $56,200 - $76,200

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1 Adjutant General $56,200 - $76,200
2 Chair, Tax Commission $60,900 - $82,200
3 Commissioners, Tax Commission $60,900 - $82,200
4 Executive Director, Department of
5 Community and Economic
6 Development $60,900 - $82,200
7 Executive Director, Tax Commission $60,900 - $82,200
8 Chair, Public Service Commission $60,900 - $82,200
9 Commissioner, Public Service Commission $60,900 - $82,200
10 Executive Director, Department
11 of Corrections $66,300 - $89,500
12 Commissioner, Department of Public Safety $66,300 - $89,500
13 Executive Director, Department of
14 Natural Resources $66,300 - $89,500
15 Director, Office of Planning
16 and Budget $66,300 - $89,500
17 Executive Director, Department of
18 Administrative Services $66,300 - $89,500
19 Executive Director, Department of
20 Human Resource Management $66,300 - $89,500
21 Executive Director, Department of
22 Environmental Quality $66,300 - $89,500
23 Executive Director, Department of $72,100 - $97,500
24 Workforce Services
25 Executive Director, Department of
26 Health $72,100 - $97,500
27 Executive Director, Department
28 of Human Services $72,100 - $97,500
29 Executive Director, Department
30 of Transportation $72,100 - $97,500
31 State Olympic Officer $72,100 - $97,500

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1 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
2 follows:
3 (i) the option of participating in a state retirement system established by Title 49 or in a
4 deferred compensation plan administered by the State Retirement Office in accordance with the
5 Internal Revenue Code and its accompanying rules and regulations;
6 (ii) health insurance;
7 (iii) dental insurance;
8 (iv) basic life insurance;
9 (v) unemployment compensation;
10 (vi) workers' compensation;
11 (vii) required employer contribution to Social Security;
12 (viii) long-term disability insurance;
13 (ix) the same additional state-paid life insurance available to other noncareer service
14 employees;
15 (x) the same severance pay available to other noncareer service employees;
16 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
17 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
18 employees with more than ten years of state service;
19 (xii) the option to convert accumulated sick leave to cash or insurance benefits as provided
20 by law or rule upon resignation or retirement according to the same criteria and procedures applied
21 to Schedule B state employees;
22 (xiii) the option to purchase additional life insurance at group insurance rates according
23 to the same criteria and procedures applied to Schedule B state employees; and
24 (xiv) professional memberships if being a member of the professional organization is a
25 requirement of the position.
26 (b) Each department shall pay the cost of additional state-paid life insurance for its
27 executive director from its existing budget.
28 (3) The Legislature fixes the following additional benefits:
29 (a) for the executive director of the State Tax Commission a vehicle for official and
30 personal use;
31 (b) for the executive director of the Department of Transportation a vehicle for commute

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1 and official use;
2 (c) for the executive director of the Department of Natural Resources a vehicle for
3 commute and official use;
4 (d) for the Commissioner of Public Safety:
5 (i) an accidental death insurance policy if POST certified; and
6 (ii) a public safety vehicle for official and personal use;
7 (e) for the executive director of the Department of Corrections:
8 (i) an accidental death insurance policy if POST certified; and
9 (ii) a public safety vehicle for official and personal use;
10 (f) for the Adjutant General a vehicle for official and personal use; and
11 (g) for each member of the Board of Pardons and Parole a vehicle for commute and official
12 use.
13 (4) (a) The governor has the discretion to establish a specific salary for each office listed
14 in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
15 by the Legislature.
16 (b) The governor shall apply the same overtime regulations applicable to other FLSA
17 exempt positions.
18 (c) The governor may develop standards and criteria for reviewing the performance of the
19 state officers listed in Subsection (1).
20 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15, which are
21 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary Act,
22 shall be established as provided in Section 67-19-15.
23 Section 12. Retrospective operation.
24 The amendments for Sections 49-3-206 and 67-22-2 is this act shall be applied
25 retrospectively to September 29, 1997.


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Legislative Review Note
as of 2-10-98 2:01 PM

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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