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S.B. 188 Enrolled
AN ACT RELATING TO STATE AFFAIRS; CHANGING THE NAME OF THE STATE
OLYMPIC COORDINATOR TO STATE OLYMPIC OFFICER; ADDRESSING
RELATIONSHIP BETWEEN THE UTAH SPORTS AUTHORITY AND THE STATE
OLYMPIC OFFICER; AMENDING PROVISIONS RELATED TO REIMBURSEMENT OF
SALES AND USE TAXES; ADDRESSING COMPENSATION AND RETIREMENT
BENEFITS FOR THE STATE OLYMPIC OFFICER; MAKING TECHNICAL
CORRECTIONS; AND PROVIDING FOR RETROACTIVE APPLICATION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
49-3-206, as last amended by Chapter 31, Laws of Utah 1997
59-12-103, as last amended by Chapters 261 and 272, Laws of Utah 1997
63A-7-104, as last amended by Chapter 146, Laws of Utah 1997
63A-7-106, as last amended by Chapter 186, Laws of Utah 1996
63A-10-102, as enacted by Chapter 186, Laws of Utah 1996
63A-10-103, as enacted by Chapter 186, Laws of Utah 1996
63A-10-104, as enacted by Chapter 186, Laws of Utah 1996
63A-10-105, as enacted by Chapter 186, Laws of Utah 1996
63A-10-106, as last amended by Chapter 10, Laws of Utah 1997
63A-10-107, as enacted by Chapter 186, Laws of Utah 1996
67-22-2, as last amended by Chapters 82, 375 and 376, Laws of Utah 1997
ENACTS:
63A-7-113, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 49-3-206 is amended to read:
49-3-206. Exclusions from membership in system.
The following employees are excluded from membership in the retirement system:
(1) Every employee whose employment status is temporary in nature due to the nature or
the type of work to be performed. If the term of employment exceeds six months, then for that
employee a regular full-time status shall be assumed, and the employee shall be enrolled in the
system effective the beginning of the seventh month of employment. If the same employee,
previously terminated prior to enrollment as a member, is again employed within three months of
termination by the same employer, the employee shall be immediately enrolled as a member if the
work constitutes full-time as defined in this chapter.
(2) Full-time students or the spouse of a full-time student and persons employed in a trainee
relationship may be excluded from coverage by rules adopted by the board.
(3) Every current or future employee of a two-year or four-year college or university who
holds, or is entitled to hold, pursuant to Section 49-2-206, a retirement annuity contract with the
Teachers' Insurance and Annuity Association of America or with any other public or private system,
organization, or company during any period in which that employee has received contributions
toward the premiums required on compensation from the employing unit. The employee, upon
cessation of the employer contributions, shall immediately become a contributing member.
(4) Every employee serving as an exchange employee from outside the state.
(5) Elected officials who file a formal request for exemption.
(6) Executive department heads of the state, members of the State Tax Commission, the
Public Service Commission, the State Olympic Officer, and other members of full-time or part-time
boards or commissions who file a formal request to be excluded from coverage.
(7) (a) Employees of the Department of Employment Security who are covered under
another retirement system allowed under Title [
(b) employees of the Department of Workforce Services who were covered under Subsection
(a) and who are covered under another retirement system allowed under Title 35A, Chapter 4,
Employment Security Act.
(8) Persons appointed as city managers or chief city administrators or other persons
employed by a city, town, county, or other political subdivision, who are not entitled to merit or civil
service protection. Persons eligible for exclusion under this subsection shall file a formal request
for exclusion from coverage and be employed in a position designated as exempt under an employee
exemption plan developed by the city, town, county, or political subdivision. Employee exemption
plans shall be subject to the following limitations:
(a) The total number of positions a city, town, county, or political subdivision may exempt
may not exceed the lesser of 30 positions or a number equal to 10% of the employees of the city,
town, county, or political subdivision. However, every city, town, county, or political subdivision
is entitled to a minimum exemption of one eligible employee.
(b) Employee exemption plans shall be filed annually with the retirement office, and the city,
town, county, or political subdivision shall update the exemption plan in the event of any change.
(c) The retirement office may promulgate rules to implement this section.
Section 2. Section 59-12-103 is amended to read:
59-12-103. Sales and use tax base -- Rate -- Use of sales and use tax revenues.
(1) There is levied a tax on the purchaser for the amount paid or charged for the following:
(a) retail sales of tangible personal property made within the state;
(b) amount paid to common carriers or to telephone or telegraph corporations, whether the
corporations are municipally or privately owned, for:
(i) all transportation;
(ii) intrastate telephone service; or
(iii) telegraph service;
(c) gas, electricity, heat, coal, fuel oil, or other fuels sold for commercial use;
(d) gas, electricity, heat, coal, fuel oil, or other fuels sold for residential use;
(e) meals sold;
(f) (i) admission or user fees for theaters, movies, operas, museums, planetariums, shows
of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
menageries, fairs, races, contests, sporting events, dances, boxing and wrestling matches, closed
circuit television broadcasts, billiard or pool parlors, bowling lanes, golf and miniature golf, golf
driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis
courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback
rides, sports activities, or any other amusement, entertainment, recreation, exhibition, cultural, or
athletic activity;
(ii) the tax imposed on admission or user fees in Subsection (1)(f)(i) does not affect an
entity's sales tax exempt status under Section 59-12-104.1;
(g) services for repairs or renovations of tangible personal property or services to install
tangible personal property in connection with other tangible personal property;
(h) except as provided in Subsection 59-12-104(8), cleaning or washing of tangible personal
property;
(i) tourist home, hotel, motel, or trailer court accommodations and services for less than 30
consecutive days;
(j) laundry and dry cleaning services;
(k) leases and rentals of tangible personal property if the property situs is in this state, if the
lessee took possession in this state, or if the property is stored, used, or otherwise consumed in this
state; and
(l) tangible personal property stored, used, or consumed in this state.
(2) Except for Subsection (1)(d), the rates of the tax levied under Subsection (1) shall be:
(a) 5% through June 30, 1994;
(b) 4.875% beginning on July 1, 1994 through June 30, 1997; and
(c) 4.75% beginning on July 1, 1997.
(3) The rates of the tax levied under Subsection (1)(d) shall be 2% from and after January
1, 1990.
(4) (a) From January 1, 1990, through December 31, 1999, there shall be deposited in an
Olympics special revenue fund or funds as determined by the Division of Finance under Section
51-5-4, for the use of the Utah Sports Authority created under Title 63A, Chapter 7, Utah Sports
Authority Act:
(i) the amount of sales and use tax generated by a 1/64% tax rate on the taxable items and
services under Subsection (1);
(ii) the amount of revenue generated by a 1/64% tax rate under Section 59-12-204 or Section
59-12-205 on the taxable items and services under Subsection (1); and
(iii) interest earned on the amounts under Subsections (4)(a)(i) and (ii).
(b) These funds shall be used:
(i) by the Utah Sports Authority as follows:
(A) to the extent funds are available, to transfer directly to a debt service fund or to
otherwise reimburse to the state any amount expended on debt service or any other cost of any bonds
issued by the state to construct any public sports facility as defined in Section 63A-7-103;
(B) to pay for the actual and necessary operating, administrative, legal, and other expenses
of the Utah Sports Authority, but not including protocol expenses for seeking and obtaining the right
to host the Winter Olympic Games; and
(C) unless the Legislature appropriates additional funds from the Olympics Special Revenue
Fund to the Utah Sports Authority, the Utah Sports Authority may not expend, loan, or pledge in the
aggregate more than:
(I) $59,000,000 of sales and use tax deposited into the Olympics special revenue fund under
Subsection (4)(a) [
(II) the interest earned on the amount described in Subsection (4)(b)(i)(C)(I); and
(III) the revenues deposited into the Olympics Special Revenue Fund that are not sales and
use taxes deposited under Subsection (4)(a) or interest on the sales and use taxes;
(ii) to pay salary, benefits, or administrative costs associated with the State Olympic
[
administrative costs may not be paid from the sales and tax revenues generated by municipalities or
counties and deposited under Subsection (4)(a)(ii).
(c) A payment of salary, benefits, or administrative costs under Subsection 63A-10-103(3)
is not considered an expenditure of the Utah Sports Authority.
(d) If the Legislature appropriates additional funds under Subsection (4)(b)(i)(C), the
authority may not expend, loan, pledge, or enter into any agreement to expend, loan, or pledge the
appropriated funds unless the authority:
(i) contracts in writing for the full reimbursement of the monies to the Olympics special
revenue fund by a public sports entity or other person benefitting from the expenditure; and
(ii) obtains a security interest that secures payment or performance of the obligation to
reimburse.
(e) A contract or agreement entered into in violation of Subsection (4)(d) is void.
[
[
[
(5) (a) From July 1, 1997, the annual amount of sales and use tax generated by a 1/8% tax
rate on the taxable items and services under Subsection (1) shall be used as follows:
(i) 50% shall be used for water and wastewater projects as provided in Subsections (5)(b)
through (f); and
(ii) 50% shall be used for transportation projects as provided in Subsections (5)(g) through
(h).
(b) Five hundred thousand dollars each year shall be transferred to the Agriculture Resource
Development Fund created in Section 4-18-6.
(c) Fifty percent of the remaining amount generated by 50% of the 1/8% tax rate shall be
transferred to the Water Resources Conservation and Development Fund created in Section 73-10-24
for use by the Division of Water Resources. In addition to the uses allowed of the fund under
Section 73-10-24, the fund may also be used to:
(i) provide a portion of the local cost share, not to exceed in any fiscal year 50% of the funds
made available to the Division of Water Resources under this section, of potential project features
of the Central Utah Project;
(ii) conduct hydrologic and geotechnical investigations by the Department of Natural
Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
quantifying surface and ground water resources and describing the hydrologic systems of an area in
sufficient detail so as to enable local and state resource managers to plan for and accommodate
growth in water use without jeopardizing the resource;
(iii) fund state required dam safety improvements; and
(iv) protect the state's interest in interstate water compact allocations, including the hiring
of technical and legal staff.
(d) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate
shall be transferred to the Utah Wastewater Loan Program subaccount created in Section 73-10c-5
for use by the Water Quality Board to fund wastewater projects as defined in Section 73-10b-2.
(e) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate shall
be transferred to the Drinking Water Loan Program subaccount created in Section 73-10c-5 for use
by the Division of Drinking Water to:
(i) provide for the installation and repair of collection, treatment, storage, and distribution
facilities for any public water system, as defined in Section 19-4-102;
(ii) develop underground sources of water, including springs and wells; and
(iii) develop surface water sources.
(f) Notwithstanding Subsections (5)(b), (c), (d), and (e), $100,000 of the remaining amount
generated by 50% of the 1/8% tax rate each year shall be transferred as dedicated credits to the
Division of Water Rights to cover the costs incurred in hiring legal and other technical staff for the
adjudication of water rights. Any remaining balance at the end of each fiscal year shall lapse back
to the contributing funds on a prorated basis.
(g) Fifty percent of the 1/8% tax rate shall be transferred to the class B and class C roads
account to be expended as provided in Title 27, Chapter 12, Article 11, Finances, except as provided
in Subsection (5)(h).
(h) (i) If H.B. 53, "Transportation Corridor Preservation," passes in the 1996 General
Session, $500,000 each year shall be transferred to the Transportation Corridor Preservation
Revolving Loan Fund, and if H.B. 121, "State Park Access Roads," passes in the 1996 General
Session, from July 1, 1997, through June 30, 2006, $500,000 shall be transferred to the Department
of Transportation for the State Park Access Highways Improvement Program. The remaining
amount generated by 50% of the 1/8% tax rate shall be transferred to the class B and class C roads
account.
(ii) At least 50% of the money transferred to the Transportation Corridor Preservation
Revolving Loan Fund under Subsection (5)(h)(i) shall be used to fund loan applications made by the
Department of Transportation at the request of local governments.
(6) (a) Beginning on January 1, 2000, the Division of Finance shall deposit into the
Centennial Highway Trust Fund created in Section 63-49-22 a portion of the state sales and use tax
under Subsections (2) and (3) equal to the revenues generated by a 1/64% tax rate on the taxable
items and services under Subsection (1).
(b) Beginning on January 1, 2000, the revenues generated by the 1/64% tax rate:
(i) retained under Subsection 59-12-204(7)(a) shall be retained by the counties, cities, or
towns as provided in Section 59-12-204; and
(ii) retained under Subsection 59-12-205(4)(a) shall be distributed to each county, city, and
town as provided in Section 59-12-205.
Section 3. 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;
[
Management Act; and
[
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 eight 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 advisory committee and other
agencies and individuals listed in Subsection (8)(e) to all of its meetings. The authority shall allow
members of the advisory committee and other agencies and individuals 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 advisory 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 advisory committee;
(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 4. Section 63A-7-106 is amended to read:
63A-7-106. Financial plan approval by governor and mayor -- State Olympic Officer
access to and report on financial information.
(1) (a) Any public sports entity that hosts, organizes, conducts, or operates the Olympic
Winter Games shall:
(i) quarterly submit the financial plan for hosting the games to the governor and the mayor
of Salt Lake City for review and approval;
(ii) annually provide to the State Olympic [
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
(iii) provide the State Olympic [
business hours to the financial ledgers of the public sports entity.
(b) The State Olympic [
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.
(2) The State Olympic [
(a) distribute the information provided in Subsection (1)(a)(ii) to:
(i) the Division of Finance;
(ii) the state auditor;
(iii) the legislative auditor general;
(iv) the Office of Legislative Research and General Counsel; and
(v) the Office of the Legislative Fiscal Analyst; and
(b) review the information provided under Subsection (1) and report annually to the Sports
Advisory Committee and Executive Appropriations Committee concerning the financial plan for
hosting the games.
(3) At the request of a public sports entity, information obtained by the State Olympic
[
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 5. Section 63A-7-113 is enacted to read:
63A-7-113. Disbursement of the Olympic Special Revenue Fund.
(1) As used in this section:
(a) "Base sales and use tax amount" means the first $59,000,000 deposited in the Olympic
Special Revenue Fund under Subsection 59-12-103(4);
(b) "Olympics Special Revenue Fund" means the fund or funds created under Subsection
59-12-103(4); and
(c) "Proportionate share" means the percentage of the total sales and use taxes deposited
under Subsection 59-12-103(4) that are generated by a county or municipality.
(2) Beginning on January 15, 2002, the monies in the Olympic Special Revenue Fund shall
be distributed as follows:
(a) on or before January 15, 2002, each county or municipality other than a county or
municipality described in Subsection (2)(b) shall receive the county's or municipality's proportionate
share of:
(i) amounts deposited into the Olympic Special Revenue Fund by a public sports entity as
reimbursement of sales and use taxes deposited under Subsection 59-12-103(4); and
(ii) (A) the sales and use taxes in excess of the base sales and use tax amount; and
(B) interest on the amounts described in Subsection (2)(a)(ii)(A) for the period beginning
on the day on which the sales and use taxes deposited into the Olympic Special Revenue Fund equal
the base amount and ending on the day on which the disbursement is made to the county or
municipality;
(b) by no later than May 5, 2003, there may be distributed to any county or municipality that
has entered into an indemnification agreement with the state regarding risks related to the Winter
Olympic Games of 2002:
(i) the proportionate share of:
(A) amounts deposited into the Olympic Special Revenue Fund by a public sports entity as
reimbursement of sales and use taxes deposited under Subsection 59-12-103(4); and
(B) (I) the sales and use taxes in excess of the base sales and use tax amount; and
(II) interest on the amounts described in Subsection (2)(b)(i)(B)(I) for the period beginning
on the day on which the sales and use taxes deposited into the Olympic Special Revenue Fund equal
the base amount and ending on the day on which the disbursement is made to the county or
municipality; and
(ii) interest on the amounts described in Subsection (2)(b)(i)(A) for the period beginning on
January 15, 2002, and ending on the day on which the disbursement is made to the county or
municipality; and
(c) any monies in the Olympic Special Revenue Fund after the disbursement under
Subsection (2)(b) shall be deposited in the General Fund.
Section 6. Section 63A-10-102 is amended to read:
63A-10-102. Definitions.
As used in this chapter:
(1) "[
Section 63A-10-103.
(2) "Olympics" means the 2002 Winter Olympic Games to be hosted by Salt Lake City.
(3) "Organizing committee" means the Salt Lake [
Olympic Winter Games of 2002.
(4) (a) "State agency" means any department, division, commission, council, board, bureau,
committee, institution, government corporation, or other establishment or official of this state, except
the Legislature[
(b) "State agency" includes:
(i) a state institution of higher education; and
(ii) the Utah Sports Authority created in Section 63A-7-104.
Section 7. Section 63A-10-103 is amended to read:
63A-10-103. State Olympic Officer -- Creation.
(1) There is created the position of State Olympic [
[
[
(a) The State Olympic [
governor with the advice and consent of the Senate.
(b) The [
(c) The [
transactions, and coordination of complex organizations.
(d) The [
[
(e) The [
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 [
and administrative costs associated with the [
[
fund or funds established under Section 59-12-103.
[
pay the salary, benefits, and administrative costs described in Subsection [
benefits, and administrative cost may be paid from the General Fund.
(b) If monies are paid from the General Fund under Subsection [
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 [
benefits, or administrative costs associated with the [
sales and tax revenues generated by municipalities or counties and deposited under Subsection
59-12-103(4)(a)(ii).
Section 8. Section 63A-10-104 is amended to read:
63A-10-104. Duties of officer.
(1) The [
(a) review any contract, financial arrangement, state requirement, or exemption submitted
under Section 63A-10-105;
(b) make a recommendation to the governor as to whether a contract, financial arrangement,
state requirement, or exemption submitted under Section 63A-10-105 should be approved; and
(c) comply with the review and reporting requirements of Section 63A-7-106.
(2) The [
contract or financial arrangement with, a state requirement on, or exemption for, the organizing
committee or other entity in relation to the Olympics.
Section 9. Section 63A-10-105 is amended to read:
63A-10-105. Approval of all contracts, financial arrangements, and state requirements
or exemptions.
(1) For any contract or financial arrangement entered into after May 1, 1996, and except as
provided in Subsection (3) [
arrangement with, impose any requirement on, or establish any exemption for, the organizing
committee or other entity in relation to the Olympics unless:
(a) the state agency informs the [
or state requirement or exemption and provides the [
(i) a copy of the contract or a detailed written description of the financial arrangement or
state requirement or exemption; and
(ii) estimates of the costs to the state of the contract, financial arrangement, or state
requirement or exemption;
(b) the [
(c) the governor approves the contract, financial arrangement, state requirement, or
exemption.
(2) A state agency shall cooperate with the [
related to the Olympics requested by the [
(3) The [
from the requirements of this chapter if:
(a) the size of a project, the scope of the activities, or the amount of money or state resources
involved in the contract or agreement is of a minimal or insignificant nature; and
(b) the exemption is in the public interest.
[
Section 10. Section 63A-10-106 is amended to read:
63A-10-106. Contracts, financial arrangements, requirements, or exemptions
voidable.
(1) Except as provided in Subsection (2) [
or financial arrangement entered into after May 1, 1996, the contract or financial arrangement with,
state requirement on, or exemption for the organizing committee or other entity in relation to the
Olympics that is not reviewed and approved in accordance with this chapter is voidable at the option
of the governor.
(2) The [
from the requirements of this chapter if:
(a) the size of a project, the scope of the activities, or the amount of money or state resources
involved in the contract or agreement is of a minimal or insignificant nature; and
(b) the exemption is in the public interest.
Section 11. Section 63A-10-107 is amended to read:
63A-10-107. Compensation for services rendered.
(1) If a state agency provides services or property, including equipment, materials, and
printing, at the request of the organizing committee, the state agency shall enter into a written
contract with the organizing committee for the services or property to be furnished by the state
agency for an agreed compensation to be paid by the organizing committee.
(2) If the organizing committee requests services or property of a state agency, the
organizing committee shall compensate the state agency for the services or property under the
contract required by Subsection (1).
(3) A contract required under this section:
(a) is subject to the review and approval process of Section 63A-10-105; and
(b) may include either a fixed or variable price amount.
(4) In determining the amount of compensation under the contract, the state agency and the
[
(a) the base costs of the agency for providing the services or property to the general public;
(b) incremental costs of providing the additional requested services or property to the
organizing committee; and
(c) the benefits, if any, the state agency or the state will receive as a result of the Olympics.
(5) If requested by a political subdivision, or agency of a political subdivision, the
[
regarding contracts executed between state agencies and the organizing committee.
Section 12. Section 67-22-2 is amended to read:
67-22-2. Compensation -- Other state officers.
(1) The governor shall establish salaries for the following state officers within the following
salary ranges fixed by the Legislature:
State Officer Salary Range
Director, Health Policy Commission $52,500 - $71,100
Commissioner of Agriculture and Food $56,200 - $76,200
Commissioner of Insurance $56,200 - $76,200
Commissioner of the Labor Commission $56,200 - $76,200
Director, Alcoholic Beverage Control
Commission $56,200 - $76,200
Commissioner, Department of
Financial Institutions $56,200 - $76,200
Members, Board of Pardons and Parole $56,200 - $76,200
Executive Director, Department
of Commerce $56,200 - $76,200
Executive Director, Commission on
Criminal and Juvenile Justice $56,200 - $76,200
Adjutant General $56,200 - $76,200
Chair, Tax Commission $60,900 - $82,200
Commissioners, Tax Commission $60,900 - $82,200
Executive Director, Department of
Community and Economic
Development $60,900 - $82,200
Executive Director, Tax Commission $60,900 - $82,200
Chair, Public Service Commission $60,900 - $82,200
Commissioner, Public Service Commission $60,900 - $82,200
Executive Director, Department
of Corrections $66,300 - $89,500
Commissioner, Department of Public Safety $66,300 - $89,500
Executive Director, Department of
Natural Resources $66,300 - $89,500
Director, Office of Planning
and Budget $66,300 - $89,500
Executive Director, Department of
Administrative Services $66,300 - $89,500
Executive Director, Department of
Human Resource Management $66,300 - $89,500
Executive Director, Department of
Environmental Quality $66,300 - $89,500
Executive Director, Department of $72,100 - $97,500
Workforce Services
Executive Director, Department of
Health $72,100 - $97,500
Executive Director, Department
of Human Services $72,100 - $97,500
Executive Director, Department
of Transportation $72,100 - $97,500
State Olympic Officer $72,100 - $97,500
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
follows:
(i) the option of participating in a state retirement system established by Title 49 or in a
deferred compensation plan administered by the State Retirement Office in accordance with the
Internal Revenue Code and its accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same sick leave, converted sick leave, educational allowances, and holidays granted
to Schedule B state employees, and the same annual leave granted to Schedule B state employees
with more than ten years of state service;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as provided
by law or rule upon resignation or retirement according to the same criteria and procedures applied
to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according to
the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its executive
director from its existing budget.
(3) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and personal
use;
(b) for the executive director of the Department of Transportation a vehicle for commute and
official use;
(c) for the executive director of the Department of Natural Resources a vehicle for commute
and official use;
(d) for the Commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the Adjutant General a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and official
use.
(4) (a) The governor has the discretion to establish a specific salary for each office listed in
Subsection (1), and, within that discretion, may provide salary increases within the range fixed by
the Legislature.
(b) The governor shall apply the same overtime regulations applicable to other FLSA exempt
positions.
(c) The governor may develop standards and criteria for reviewing the performance of the
state officers listed in Subsection (1).
(5) Salaries for other Schedule A employees, as defined in Section 67-19-15, which are not
provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary Act, shall
be established as provided in Section 67-19-15.
Section 13. Retrospective operation.
The amendments for Sections 49-3-206 and 67-22-2 in this act shall be applied
retrospectively to September 29, 1997.
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