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6 LONG TITLE
7 General Description:
8 This bill modifies the Utah Public Transit District Act and the Transportation Code to
9 amend provisions relating to public transit districts and the Transportation Commission.
10 Highlighted Provisions:
11 This bill:
12 . provides that a public transit district board of trustees representing a population of
13 more than 200,000 people shall and a public transit district board of trustees
14 representing a population of 200,000 people or fewer may have one nonvoting, ex
15 officio member who is a commissioner on the Transportation Commission and is
16 appointed by the Transportation Commission;
17 . provides that a public transit district board of trustees shall report, at least annually,
18 to the Transportation Commission on short-term and long-range public transit plans;
19 . provides that the Transportation Commission duties include:
20 . appointing one commissioner to serve as a nonvoting, ex officio member on the
21 board of trustees of a transit district; and
22 . reviewing, at least annually, the short-term and long-range public transit plans
23 reported by a public transit district's board of trustees; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 17A-2-1038, as last amended by Chapter 9, Laws of Utah 2001
32 17A-2-1039, as last amended by Chapter 254, Laws of Utah 2000
33 72-1-303, as last amended by Chapter 131, Laws of Utah 2003
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 17A-2-1038 is amended to read:
37 17A-2-1038. Board of trustees -- Appointment -- Apportionment -- Qualifications
38 -- Quorum -- Compensation -- Terms.
39 (1) (a) All powers, privileges, and duties vested in any incorporated district shall be
40 performed by a board of trustees.
41 (b) The board may delegate the exercise of any duty to any of the offices created under
42 this part.
43 (2) If 200,000 people or fewer reside within the district boundaries:
44 (a) (i) the board of trustees shall consist of [
45 (A) members appointed by the legislative bodies of each municipality, county, or
46 unincorporated area within any county on the basis of one [
47 regularly scheduled passenger routes proposed to be served by the district in each municipality
48 or unincorporated area within any county in the following calendar year; and
50 number of service miles comprising a unit shall be determined jointly by the legislative bodies
51 of the municipalities or counties comprising the district; and
52 (ii) the board of trustees may consist of a member that is a commissioner on the
53 Transportation Commission created in Section 72-1-301 and appointed as provided in
54 Subsection (10), who shall serve as a nonvoting, ex officio member;
56 added to the board or omitted from the board at the time scheduled routes are changed, or as
57 municipalities, counties, or unincorporated areas of counties annex to or withdraw from the
58 district using the same appointment procedures; and
60 counties, and unincorporated areas of counties in which regularly scheduled passenger routes
61 proposed to be served by the district in the following calendar year is less than a full unit, as
62 defined in Subsection (2)(a), may combine with any other similarly situated municipality or
63 unincorporated area to form a whole unit and may appoint one [
64 unit formed.
65 (3) (a) If more than 200,000 people reside within the district boundaries, the board of
66 trustees shall consist of 15 [
68 Subsection (10).
70 board shall apportion voting members to each county within the district [
77 county, rounded to the nearest 1/15 of the total transit district population; and
79 district and within each county, rounded to the nearest 1/15 of the total transit sales and use tax
80 collected for the transit district.
82 member under this Subsection (3) with an adjacent county for representation. The combined
83 apportionment basis included in the district of both counties shall be used for the
86 under Subsection [
87 (i) more than 15 members, the county or combination of counties with the smallest
88 additional fraction of a whole member proportion shall have one less member apportioned to it;
90 (ii) less than 15 members, the county or combination of counties with the largest
91 additional fraction of a whole member proportion shall have one more member apportioned to
94 population, the county executive, with the advice and consent of the county legislative body,
95 shall appoint one [
96 within a county's unincorporated area population.
98 chief municipal executive, with the advice and consent of the municipal legislative body, shall
99 appoint one [
102 municipalities within a county under Subsections [
103 subtracted from the county's total voting member apportionment under this Subsection [
106 members for the county shall represent the county or combination of counties if Subsection
109 another county under Subsection [
110 the county shall represent a municipality or combination of municipalities.
112 (3)(f), voting members representing counties, combinations of counties if Subsection [
113 (3)(c) applies, or municipalities within the county shall be designated and appointed by a
114 simple majority of the chief executives of the municipalities within the county or combinations
115 of counties if Subsection [
116 written agreement of the appointing municipalities, with the consent and approval of the county
117 legislative body of the county that has at least 1/15 of the district's apportionment basis.
119 municipalities shall be designated and appointed by the chief executive officer of the
120 municipality or simple majority of chief executive officers of municipalities with the consent of
121 the legislative body of the municipality or municipalities.
123 partisan political affiliation from among citizens in the community.
125 county, or unincorporated area or areas which the [
126 least six months before the date of appointment, and must continue in that residency to remain
127 qualified to serve as a [
138 most recent official census or census estimate of the United States Bureau of the Census.
139 (ii) If population estimates are not available from the United States Bureau of Census,
140 population figures shall be derived from the estimate from the Utah Population Estimates
142 (iii) All transit sales and use tax totals shall be obtained from the State Tax
146 (o) The board shall be apportioned as provided under this section in conjunction with
147 the decennial United States Census Bureau report every ten years.
149 the [
150 successor is appointed, qualified, seated, and [
151 (b) At the first meeting of the initial [
152 voting members of the board shall designate by the drawing of lots for 1/3 of their number to
153 serve for:
154 (i) one-year terms[
155 (ii) two-year terms[
156 (iii) three-year terms.
157 (c) A [
160 member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
161 within 90 days.
162 (b) If the appointing official under Subsection (2) does not fill the vacancy within 90
163 days, the board of trustees of the authority shall fill the vacancy.
164 (c) If the appointing official under Subsection [
165 90 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
167 resolutions, and ordinances coming before the board of trustees.
168 (b) A majority of all voting members of the board of trustees are a quorum for the
169 transaction of business.
170 (c) The affirmative vote of a majority of all [
171 meeting at which a quorum was initially present shall be necessary and, except as otherwise
172 provided, is sufficient to carry any order, resolution, ordinance, or proposition before the board
173 of trustees.
175 (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
176 $200 in any calendar month to any trustee; and
177 (b) reasonable mileage and expenses necessarily incurred to attend board or committee
180 place fixed by the chief executive officer of the entity initiating the proceedings.
181 (b) Immediately upon convening, the board of trustees shall elect from its voting
182 membership a president, vice president, and secretary who shall serve for a period of two years
183 or until their successors shall be elected and qualified.
186 (a) any elected public office with the United States, the state, or any political
187 subdivision of either; or
188 (b) any employment, except as an independent contractor, with a county or
189 municipality within the district.
190 (10) The Transportation Commission created in Section 72-1-301 :
191 (a) for public transit districts serving a population of 200,000 people or fewer, may
192 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
193 a nonvoting, ex officio member; and
194 (b) for public transit districts serving a population of more than 200,000 people, shall
195 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
196 a nonvoting, ex officio member.
197 Section 2. Section 17A-2-1039 is amended to read:
198 17A-2-1039. Board of trustees -- Powers and duties.
199 (1) The board of trustees[
202 acquired or constructed.
204 operated by the district, including the fixing of rates, fares, rentals, charges, and classifications
205 thereof, and making and enforcement of rules, regulations, contracts, practices, and schedules,
206 for or in connection with any transit facility owned or controlled by the district.
208 repugnant to the Constitution of the United States or of the state, or of the provisions of this
209 part, necessary for the government and management of the affairs of the district for the
210 execution of the powers vested in the district and for carrying into effect the provisions of this
212 (b) On all votes on ordinances, the roll shall be called and the ayes and nays recorded.
213 (c) Resolutions and orders may be adopted by voice vote of the board, but on demand
214 of any member the roll shall be called. [
215 (d) (i) Except as provided under Subsection (4)(d)(ii), an ordinance may not be adopted
216 by the board unless it is introduced at least a day prior to the time of adoption except by
217 unanimous vote of all members of the board present at a meeting at which there is present [
220 (ii) In lieu of the provisions of Subsection (4)(d)(i), an ordinance may be mailed by
221 registered mail, postage prepaid, to each member of the board of directors at least five days
222 prior to the day upon which the ordinance [
223 (e) All ordinances shall take effect upon their adoption by the board, unless otherwise
224 provided [
225 (5) The board shall fix the location of the principal place of business of the district and
226 the location of all offices and departments.
228 accounts of the district by an independent certified public accountant, and shall as soon as
229 practicable after the close of each fiscal year submit to the chief administrative officers and
230 legislative bodies of cities and counties within the district a financial report showing the result
231 of operations during the preceding fiscal year and the financial status of the district on the final
232 day [
233 (b) Copies of the report shall be supplied to the general public upon request in the
234 quantity [
236 considers fit, for the payment of demands against the district, without prior specific approval by
237 the board if [
238 (a) for a purpose for which [
239 board [
240 (b) in an amount no greater than the amount [
241 (c) is approved by the general manager or [
242 board may prescribe.
244 perform all other acts necessary to properly carry out its duties.
245 (b) The board may appoint other officers of the district to conduct any hearing who
246 shall make findings and conclusions and report [
247 board. [
248 (9) A member of the board or designated hearing officer may administer oaths and
249 affirmations in any district investigation or proceeding.
250 (10) The board shall report, at least annually, the short-term and long-range public
251 transit plans to the Transportation Commission created in Section 72-1-301 .
253 Sections 17B-2-402 , 17B-2-403 , and 17B-2-404 , apply to each public transit district to the
254 same extent as if the public transit district were a local district under Title 17B, Chapter 2,
255 Local Districts.
256 Section 3. Section 72-1-303 is amended to read:
257 72-1-303. Duties of commission.
258 The commission has the following duties:
259 (1) determining priorities and funding levels of projects in the state transportation
260 systems for each fiscal year based on project lists compiled by the department;
261 (2) determining additions and deletions to state highways under Chapter 4, Designation
262 of State Highways Act;
263 (3) holding public hearings and otherwise providing for public input in transportation
265 (4) making policies and rules in accordance with Title 63, Chapter 46a, Utah
266 Administrative Rulemaking Act, necessary to perform the commission's duties described under
267 this section;
268 (5) in accordance with Section 63-46b-12 , reviewing orders issued by the executive
269 director in adjudicative proceedings held in accordance with Title 63, Chapter 46b,
270 Administrative Procedures Act;
271 (6) advising the department in state transportation systems policy; [
272 (7) approving settlement agreements of condemnation cases subject to Section
273 63-38b-401 [
274 (8) in accordance with Section 17A-2-1038 , appointing a commissioner to serve as a
275 nonvoting, ex officio member on the board of trustees of a public transit district;
276 (9) in accordance with Section 17A-2-1039 , reviewing, at least annually, the short-term
277 and long-range public transit plans; and
278 (10) reviewing administrative rules made, amended, or repealed by the department.
Legislative Review Note
as of 2-6-04 6:33 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.