Representative Eric K. Hutchings proposes the following substitute bill:


1     
WINTER SPORTS VENUES

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill establishes the "Winter Sports Venue Grant Fund."
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     establishes the "Winter Sports Venue Grant Fund" to provide grants to certain
14     entities to assist in funding improvements to winter sports venues in the state;
15          ▸     establishes certain application and reporting requirements relating to the fund
16     money; and
17          ▸     requires the Division of Facilities Construction and Management to review grant
18     proposals and distribute grant money.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     ENACTS:
25          51-11-101, Utah Code Annotated 1953

26          51-11-102, Utah Code Annotated 1953
27          51-11-201, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 51-11-101 is enacted to read:
31     
CHAPTER 11. WINTER SPORTS VENUE GRANT FUND

32     
Part 1. General Provisions

33          51-11-101. Title.
34          This chapter is known as the "Winter Sports Venue Grant Fund."
35          Section 2. Section 51-11-102 is enacted to read:
36          51-11-102. Definitions.
37          As used in this chapter:
38          (1) "Division" means the Division of Facilities Construction and Management created
39     in Section 63A-5-201.
40          (2) "Fund" means the Winter Sports Venue Grant Fund.
41          (3) "Improve" or "improvements" means the replacement or addition to infrastructure,
42     buildings, building components, or facility equipment.
43          (4) "Venue" means a facility:
44          (a) designed and currently approved under standards developed by a generally
45     recognized sports federation to host world-class level, international winter sports competitions;
46     and
47          (b) used for recreational, developmental, and competitive athletic training.
48          (5) "Venue operator" means a person who:
49          (a) (i) operates a venue; and
50          (ii) the venue is exempt from federal income taxation under Section 501(c)(3), Internal
51     Revenue Code; or
52          (b) owns a venue or operates a venue under contract with the public owner of the
53     venue.
54          Section 3. Section 51-11-201 is enacted to read:
55     
Part 2. Winter Sports Venue Grant Fund

56          51-11-201. Winter Sports Venue Grant Fund.

57          (1) (a) There is created an expendable special revenue fund known as the "Winter
58     Sports Venue Grant Fund."
59          (b) The fund shall consist of:
60          (i) money appropriated to the fund by the Legislature;
61          (ii) money donated to the fund from public or private individuals or entities; and
62          (iii) interest on fund money.
63          (2) The division shall award grants from the fund to a venue operator to provide
64     funding for construction, repairs, and improvements to a venue.
65          (3) A venue operator's application for a grant under this section shall include:
66          (a) the number of venues the venue operator plans to construct, repair, or improve;
67          (b) the venue operator's proposed improvements, repairs, or construction plans for a
68     venue;
69          (c) the estimated cost of the venue operator's proposed improvements, repairs, or
70     construction plans for a venue;
71          (d) any plan to use funding sources in addition to a grant under this section to improve,
72     repair, or construct a venue;
73          (e) the amount of grant money requested to fund the improvements, repairs, or
74     construction for each venue; and
75          (f) existing or planned contracts or partnerships between the venue operator and other
76     individuals or entities to complete venue improvements, repairs, or construction.
77          (4) The division may only award and distribute fund money to a venue operator that
78     submits an application in accordance with Subsection (3).
79          (5) (a) As a condition of an award of grant money, the venue operator shall sign an
80     agreement with the division governing:
81          (i) the venue operator's responsibilities for expending the grant money; and
82          (ii) the division's and state's right to review and audit the venue operator's use of grant
83     money and the venue operator's performance under the grant.
84          (b) The division shall ensure that the agreement contains:
85          (i) a requirement for an annual report and the required contents of that report in
86     accordance with Subsection (6)(b);
87          (ii) a right for the division or its designee to visit and inspect the venue as often as

88     needed before, during, and after construction, repairs, or improvements begin or are complete;
89     and
90          (iii) an absolute right for the division, the state auditor, and the legislative auditor to
91     access and audit all financial records relevant to the grant.
92          (6) (a) A venue operator that receives fund money under this section may only use the
93     grant money to improve, repair, or construct a venue.
94          (b) A venue operator that receives fund money under this section shall file a report
95     with the division before October 1, 2019, and each year thereafter, that details for the
96     immediately preceding calendar year:
97          (i) the construction, improvements, and repairs, in process or completed, that were
98     wholly or partially funded by a grant under this section;
99          (ii) the total dollar amount expended from the grant;
100          (iii) an itemized accounting that describes how the venue operator expended the grant
101     money;
102          (iv) the intended use for grant money that has not been expended; and
103          (v) the results of any evaluations of venue construction, improvements, or repairs.