7 LONG TITLE
8 General Description:
9 This bill enacts the Olympic and Paralympic Winter Games Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates and describes the duties of the Olympic and Paralympic Winter Games
14 Coordination Committee;
15 ▸ renames the "Winter Sports Venue Grant Fund" to the "Olympic and Paralympic
16 Venues Grant Fund";
17 ▸ subject to certain requirements, authorizes the governor to sign agreements and
18 make other assurances concerning the state's hosting of the Olympic and Paralympic
19 Winter Games;
20 ▸ addresses the state's liability under agreements and assurances concerning the state's
21 hosting of the Olympic and Paralympic Winter Games;
22 ▸ includes reporting requirements; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 63G-28-101, Utah Code Annotated 1953
31 63G-28-201, Utah Code Annotated 1953
32 63G-28-202, Utah Code Annotated 1953
33 63G-28-203, Utah Code Annotated 1953
34 63G-28-401, Utah Code Annotated 1953
35 63G-28-402, Utah Code Annotated 1953
36 RENUMBERS AND AMENDS:
37 63G-28-301, (Renumbered from 51-11-102, as last amended by Laws of Utah 2020,
38 Chapters 152, 354)
39 63G-28-302, (Renumbered from 51-11-201, as enacted by Laws of Utah 2018, Chapter
42 51-11-101, as enacted by Laws of Utah 2018, Chapter 253
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 63G-28-101 is enacted to read:
48 63G-28-101. Definitions.
49 As used in this chapter:
50 (1) "Games" means the 2030 or 2034 Olympic and Paralympic Winter Games.
51 (2) "Games committee" means the Olympic and Paralympic Winter Games
52 Coordination Committee created in Section 63G-28-201.
53 (3) "Host agreement" means an agreement with a site selection committee that is made
54 in connection with the selection of the state for the location of the games.
55 (4) "Host assurance" means a written assurance to a site selection committee that is
56 made in connection with the selection of the state for the location of the games.
57 (5) "Host committee" means a nonprofit corporation, including a successor in interest,
58 that may:
59 (a) provide an application and bid to a site selection committee for selection of the state
60 as the location of the games; and
61 (b) execute an agreement with the United States Olympic and Paralympic Committee
62 regarding a bid and the bid process to host the games.
63 (6) "Site selection committee" means the International Olympic Committee or the
64 International Paralympic Committee.
65 (7) "State security" means a financial obligation undertaken by the state under a host
67 Section 2. Section 63G-28-201 is enacted to read:
69 63G-28-201. Olympic and Paralympic Winter Games Coordination Committee --
70 Creation -- Membership -- Chairs -- Quorum -- Compensation -- Staff.
71 (1) There is created the Olympic and Paralympic Winter Games Coordination
72 Committee to review and advise the Legislature on issues related to the state's hosting of the
74 (2) The games committee consists of the following members:
75 (a) three members of the Senate, appointed by the president of the Senate, no more
76 than two of whom may be from the same political party; and
77 (b) three members of the House of Representatives, appointed by the speaker of the
78 House of Representatives, no more than two of whom may be from the same political party.
79 (3) (a) The president of the Senate shall designate a member of the Senate appointed
80 under Subsection (2) as co-chair of the games committee.
81 (b) The speaker of the House of Representatives shall designate a member of the House
82 of Representatives appointed under Subsection (2) as co-chair of the games committee.
83 (4) (a) A majority of the members of the games committee constitutes a quorum.
84 (b) The action of a majority of a quorum constitutes action of the games committee.
85 (5) A member of the games committee shall be paid salary and expenses in accordance
86 with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
87 (6) The Office of Legislative Research and General Counsel shall:
88 (a) provide staff support to the games committee; and
89 (b) consult with the Office of the Legislative Fiscal Analyst on fiscal issues reviewed
90 by the games committee.
91 Section 3. Section 63G-28-202 is enacted to read:
92 63G-28-202. Games committee duties.
93 The games committee shall:
94 (1) review issues related to:
95 (a) the state's bid to host or hosting of the games;
96 (b) the impact of hosting the games on the state; and
97 (c) any state security;
98 (2) review a report provided to the games committee under Section 63G-28-203;
99 (3) review a host agreement or host assurance provided to the games committee under
100 Section 63G-28-401; and
101 (4) make recommendations to the Legislature regarding a host agreement, a host
102 assurance, and the state's role in hosting the games.
103 Section 4. Section 63G-28-203 is enacted to read:
104 63G-28-203. Host committee reports to games committee.
105 At least twice each year and at the request of the games committee, the host committee
106 shall provide a report to the games committee regarding:
107 (1) the state's bid to host or hosting of the games;
108 (2) the projected budget for the games; and
109 (3) the financial impact of the games on the state.
110 Section 5. Section 63G-28-301, which is renumbered from Section 51-11-102 is
111 renumbered and amended to read:
114 As used in this [
115 (1) "Division" means the Division of Facilities Construction and Management created
116 in Section 63A-5b-301.
117 (2) "Fund" means the [
119 (3) "Improve" or "improvements" means the replacement or addition to infrastructure,
120 buildings, building components, or facility equipment.
121 (4) "Venue" means a facility:
122 (a) designed and currently approved under standards developed by a generally
123 recognized sports federation to host world-class level, international winter sports competitions;
125 (b) used for recreational, developmental, and competitive athletic training.
126 (5) "Venue operator" means a person who:
127 (a) operates a venue that is exempt from federal income taxation under Section
128 501(c)(3), Internal Revenue Code; or
129 (b) owns a venue or operates a venue under contract with the public owner of the
131 Section 6. Section 63G-28-302, which is renumbered from Section 51-11-201 is
132 renumbered and amended to read:
134 (1) (a) [
140 (2) The division shall award grants from the fund to a venue operator to provide
141 funding for construction, improvements, and repairs[
142 (3) A venue operator's application for a grant award under this section shall include:
143 (a) the number of venues the venue operator plans to construct, [
145 (b) the venue operator's proposed improvements, repairs, or construction plans for a
147 (c) the estimated cost of the venue operator's proposed improvements, repairs, or
148 construction plans for a venue;
149 (d) any plan to use funding sources in addition to a grant award under this section to
150 construct, improve, or repair[
151 (e) the amount of [
152 improvements, or repairs[
153 (f) existing or planned contracts or partnerships between the venue operator and other
154 individuals or entities to complete venue construction, improvements, or repairs[
156 (4) The division may only award and distribute [
157 operator that submits an application in accordance with Subsection (3).
158 (5) (a) As a condition of an award of a grant [
159 agreement with the division governing:
160 (i) the venue operator's responsibilities for expending the grant [
161 (ii) the division's and the state's right to review and audit the venue operator's use of the
162 grant [
163 (b) The division shall ensure that the agreement contains:
164 (i) a requirement for an annual report and the required contents of [
165 accordance with Subsection (6)(b);
166 (ii) a right for the division or [
167 as often as needed before, during, and after construction[
168 begin or are complete; and
169 (iii) an absolute right for the division, the state auditor, and the legislative auditor to
170 access and audit [
171 (6) (a) A venue operator that receives [
172 may only use the grant [
173 (b) A venue operator that receives [
174 annually file a report with the division [
175 details for the immediately preceding calendar year:
176 (i) the construction, improvements, and repairs, in process or completed, that were
177 wholly or partially funded by a grant award under this section;
178 (ii) the total dollar amount expended from the grant award;
179 (iii) an itemized accounting that describes how the venue operator expended the grant
181 (iv) the intended use for a grant [
182 (v) the results of any evaluations of venue construction, improvements, or repairs.
183 Section 7. Section 63G-28-401 is enacted to read:
185 63G-28-401. Governor authority to execute host agreement -- Legislative notice.
186 (1) Subject to Subsection (3), the governor may:
187 (a) enter into a host agreement on behalf of the state that provides:
188 (i) state security for:
189 (A) amounts owed by the state to a site selection committee for claims by third parties
190 arising out of or relating to the games; and
191 (B) a financial deficit accruing to the state as a result of hosting the games; and
192 (ii) other terms necessary for the state to host the games; and
193 (b) make a host assurance on behalf of the state that is necessary for the state to host
194 the games.
195 (2) The state security under a host agreement may not be paid until after:
196 (a) any security provided by the host committee or another person is expended and
197 exhausted; and
198 (b) the limits of any available insurance policy are expended and exhausted.
199 (3) The governor shall:
200 (a) ensure a host agreement includes:
201 (i) a requirement that a signatory of the host agreement mitigate damages if the
202 signatory breaches the host agreement;
203 (ii) a provision allowing the state to terminate the host agreement for another
204 signatory's unlawful activity; and
205 (iii) other provisions that protect:
206 (A) the state against liability under the host agreement; and
207 (B) the state's financial assets; and
208 (b) provide a copy of a host agreement or host assurance to the games committee and
209 the Legislative Management Committee at least 72 hours before entering into the host
210 agreement or making the host assurance.
211 Section 8. Section 63G-28-402 is enacted to read:
212 63G-28-402. Host committee insurance agreements -- State liability under host
213 committee agreements.
214 (1) The host committee shall:
215 (a) list the state as an additional insured on any insurance policy purchased by the host
216 committee to be in effect in connection with the preparation for and conduct of the games; and
217 (b) include in any agreement signed by the host committee that the state is not liable
218 for the host committee's failure to perform the duties under the agreement.
219 (2) An insurance policy or other agreement that violates Subsection (1) is void.
220 Section 9. Repealer.
221 This bill repeals:
222 Section 51-11-101, Title.