Bill Text: CA SB41 | 2015-2016 | Regular Session | Introduced
Bill Title: Public contracts: 2024 Olympic Games and Paralympic
Spectrum: Strong Partisan Bill (Democrat 32-3)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB41 Detail]
Download: California-2015-SB41-Introduced.html
BILL NUMBER: SB 41 INTRODUCED
BILL TEXT
INTRODUCED BY Senators De León and Leno
(Coauthors: Senators Allen, Hernandez, Hill, Huff, Lara, Liu,
Mitchell, Pavley, and Roth)
(Coauthors: Assembly Members Atkins, Bloom, Burke, Chau, Chiu,
Chu, Dababneh, Gatto, Gipson, Gomez, Gordon, Holden, Jones-Sawyer,
Levine, Mullin, Nazarian, O'Donnell, Olsen, Rendon, Ridley-Thomas,
Santiago, Mark Stone, Ting, and Wilk)
DECEMBER 1, 2014
An act relating to public contracts, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 41, as introduced, De León. Public contracts: 2024 Olympic
Games and Paralympic Games.
Existing law provides specified requirements in awarding certain
public contracts.
This bill would authorize the Governor to sign agreements required
by the United States Olympic Committee as part of the bid process
for the City of Los Angeles or the City and County of San Francisco
to become the United States applicant city and candidate city for the
2024 Olympic Games and Paralympic Games.
This bill would make legislative findings and declarations that,
among other things, the endorsing municipality, as defined, has
developed a self-sufficient bid for financing the games. This bill
would authorize the Governor to enter into an agreement for the state
to be jointly liable, not to exceed a specified amount, with the
Organizing Committee for the Olympic Games (OCOG), as specified, for
obligations of the OCOG, and for any financial deficit relating to
the games, as provided.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act is known, and may be cited as, The 2024
Olympic Games and Paralympic Games Act.
SEC. 2. For purposes of this act:
(a) "Applicant committee agreement" means agreements to be entered
into between the Organizing Committee for the Olympic Games (OCOG)
and the United States Olympic Committee (USOC) if, and upon, the USOC'
s selection of the City of Los Angeles or the City and County of San
Francisco as the official United States candidate city.
(b) "Bid committee agreement" means agreements entered into
between the OCOG and the USOC governing the OCOG and the bid process.
(c) "Endorsing municipality" means the City of Los Angeles or the
City and County of San Francisco which has authorized a bid by a OCOG
for selection of the municipality as the site of the Olympic Games
and Paralympic Games.
(d) "Games" means the 2024 Olympic Games.
(e) "Games support contract" means a joinder undertaking, a
joinder agreement, or a similar contract executed by the Governor and
containing terms permitted or required by this act.
(f) "Joinder agreement" means an agreement entered into by:
(1) The Governor, on behalf of this state, and a site selection
organization setting out representations and assurances by the state
in connection with the selection of a site in this state for the
location of the games.
(2) The endorsing municipality and a site selection organization
setting out representations and assurances by the endorsing
municipality in connection with the selection of a site in this state
for the location of the games.
(g) "Joinder undertaking" means an agreement entered into by:
(1) The Governor, on behalf of this state, and a site selection
organization that the state will execute a joinder agreement in the
event that the site selection organization selects a site in this
state for the games.
(2) The endorsing municipality and a site selection organization
that the endorsing municipality will execute a joinder agreement in
the event that the site selection organization selects a site in this
state for the games.
(h) "OCOG" means a nonprofit corporation, or its successor in
interest, that:
(1) Has been authorized by the endorsing municipality to pursue an
application and bid on the applicant's behalf to a site selection
organization for selection as the site for the games.
(2) With the authorization of the endorsing municipality, has
executed the bid committee agreement with a site selection
organization regarding a bid to host the games.
(i) "Site selection organization" means the United States Olympic
Committee, the International Olympic Committee, the International
Paralympic Committee, all three or some combination, as applicable.
SEC. 3. The Legislature finds and declares all of the following:
(a) The purpose of this act is to provide assurances required by a
site selection organization sponsoring the games.
(b) Hosting the games in California is expected to generate
billions of dollars for the state's economy. The endorsing
municipality has developed a self-sufficient bid for financing games
that is based on realistic and conservative revenue scenarios and has
budgeted sufficient funds to reimburse security and other service
costs provided by local regional governments during the games.
(c) The endorsing municipality plans to host an environmentally
responsible games; has committed to sports and recreational
opportunities for young people throughout each area by planning to
generate a legacy for youth programs and other sports purposes in
California with excess revenues from the games; and plans to develop
and implement a unique and broad-based, statewide cultural program.
(d) The endorsing municipality has involved athletes, sports
professionals, environmentalists, business and financial experts,
nonprofit organizations, youth service leaders, and individuals who
represent the entire diversity of area in its bid and board of
directors.
(e) The USOC requires that all bid states, bid cities, and bid
committees execute certain agreements including the joinder
undertaking, which joinder undertaking must be executed on or before
____.
(f) The endorsing municipality expects that if it is chosen as the
host city, and once the games have concluded, there will be net
revenue exceeding expenses that can be devoted to legacy programs for
youth and citizens of California.
SEC. 4. (a) The Governor may agree, in accordance with law and
subject to Sections 5 and 6 of this act, in a joinder undertaking
entered into with a site selection organization that:
(1) The Governor shall execute a joinder agreement if the site
selection organization selects a site in this state for the games.
(2) The state shall refrain, during the period, or any portion
thereof, between the execution of the joinder undertaking and award
by the International Olympic Committee (IOC) of the games to a host
city, from becoming a party to or approving or consenting to any act,
contract, commitment, or other action contrary to, or which might
affect, any of the obligations stipulated in the joinder agreement.
(3) The Governor may agree that any dispute in connection with the
joinder undertaking arising during the period between the execution
of the joinder undertaking and the IOC's award of the games to a host
city shall be definitively settled as provided in the bid committee
agreement.
(b) The Governor may agree in a joinder agreement that the state
shall, in accordance with law and subject to Sections 5 and 6 of this
act, do the following:
(1) Provide or cause to be provided any or all of the state
government funding, facilities, and other resources specified in the
OCOG's bid to host the games.
(2) The state will be liable, solely by means of the funding
mechanism established by Sections 5 and 6 of this act, for:
(A) Obligations of the OCOG to a site selection organization,
including obligations indemnifying the site selection organization
against claims of and liabilities to third parties arising out of or
relating to the games.
(B) Any financial deficit relating to the OCOG or the games.
(3) The state's liability shall not exceed the amount of funds
appropriated to the Olympic Games Trust Fund established in Section 5
of this act. Any liability above this amount shall be the
responsibility of the OCOG.
(4) Acknowledge that the OCOG will be bound by a series of
agreements with the site selection organization as set forth in the
joinder agreement.
(C) The Governor shall execute a joinder undertaking and a joinder
agreement, provided the parties conform with this act.
(D) A games support contract may contain any additional provisions
the Governor requires in order to carry out the purposes of this
act.
SEC. 5. (a) There is hereby established in the State Treasury a
special fund to be known as the "Olympic Games Trust Fund."
(b) The state may choose to fund the Olympic Games Trust Fund in
any manner it considers appropriate, and at the time or times the
state determines necessary. It is the intent of the Legislature that
the funding mechanism for the fund shall be determined on or about
the time of the selection of the endorsing municipality as the host
city by the International Olympic and Paralympic Committees.
(c) The funds in the trust fund may be used only for the sole
purpose of fulfilling the obligations of the state under a games
support contract to provide adequate security as described in Section
6.
(d) No additional state funds shall be deposited into the Olympic
Games Trust Fund once the Director of Finance determines that the
account has achieved, or is reasonably expected to otherwise accrue,
a sufficient balance to provide adequate security, acceptable to the
site selection organization, to demonstrate the state's ability to
fulfill its obligations under a games support contract, or any other
agreement, to indemnify and insure up to two hundred fifty million
dollars ($250,000,000) of any net financial deficit and general
liability resulting from the conduct of the games.
(e) If the endorsing municipality is selected by the site
selection organization as the host city for the games, the Olympic
Games Trust Fund shall be maintained until a determination by the
Department of Finance is made that the state's obligations under a
games support contract, or any other agreement, to indemnify and
insure against any net financial deficit and general liability
resulting from the conduct of the games are satisfied and concluded,
at which time the trust fund shall be terminated. If the endorsing
municipality in the State of California is not selected by the United
States Olympic Committee as the United States candidate city to host
the games, or if the endorsing municipality is not selected by the
IOC as the host city for the games, the Olympic Games Trust Fund
shall be immediately terminated.
(f) Upon the termination of the Olympic Games Trust Fund, all sums
earmarked, transferred, or contained in the fund, along with any
investment earnings retained in the fund, shall immediately revert to
the General Fund.
SEC. 6. (a) Any moneys deposited, transferred, or otherwise
contained in the Olympic Games Trust Fund established in Section 5
shall be, upon appropriation by the Legislature, used for the sole
purpose of obtaining adequate security, acceptable to the United
States Olympic Committee and the International Olympic and Paralympic
Committees, to demonstrate the state's ability to fulfill its
obligations under a games support contract to indemnify and insure up
to two hundred fifty million dollars ($250,000,000) of any general
liability and net financial deficit resulting from the conduct of the
games. The security may be provided by moneys contained in the trust
fund as provided in Section 5 of this act, or by insurance coverage,
letters of credit, or other acceptable secured instruments purchased
or secured by the moneys, or by any combination thereof. In no event
may the liability of the state under all games support contracts,
any other agreements related to the conduct of the games, and all
financial obligations of the state otherwise arising under this act,
exceed two hundred fifty million dollars ($250,000,000) in the
aggregate.
(b) Obligations authorized by this act shall be payable solely
from the Olympic Games Trust Fund. Neither the full faith and credit
nor the taxing power of the state are or may be pledged for any
payment under any obligation authorized by this act.
SEC. 7. The state shall be the payer of last resort with regard to
any net financial deficit as defined in this act. The security
provided pursuant to this act may not be accessed to cover any
general liability and net financial deficit indemnified by the state
under the games support contract until:
(a) The security provided by the OCOG is fully expended and
exhausted.
(b) Any security provided by any other person or entity is fully
expended and exhausted.
(c) The limits of available insurance policies covering any
general liability obligation and the net financial deficit, or any
expense or liability used in determining the net financial deficit,
have been fully expended and exhausted.
(d) Payment has been sought by the OCOG from all third parties
owing moneys or otherwise liable to the OCOG.
SEC. 8. The OCOG shall list the state as an additional insured on
any policy of insurance purchased by the OCOG to be in effect in
connection with the preparation for and conduct of the games.
SEC. 9. The OCOG may not engage in any conduct that reflects
unfavorably upon this state, the endorsing municipality, or the
games, or that is contrary to law or to the rules and regulations of
the United States Olympic Committee and the International Olympic and
Paralympic Committees.
SEC. 10. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to meet deadlines for the bid process for the 2024
Olympic Games, it is necessary that this act go into immediate
effect.
