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First Substitute H.B. 188
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7 LONG TITLE
8 General Description:
9 This bill modifies the Public Transit District Act and the Transportation Code by
10 amending provisions relating to public transit.
11 Highlighted Provisions:
12 This bill:
13 . for a public transit district that has 200,000 or more people residing within its
14 boundaries:
15 . increases the number of members on the board of trustees; and
16 . changes the Transportation Commission member on the board of trustees from a
17 nonvoting, ex officio member to a voting member;
18 . provides that a member of the board of trustees that has served three successive full
19 terms may not be reappointed for at least four years;
20 . amends certain duties of a public transit district board of trustees;
21 . prohibits a public transit district from delegating duties assigned to the board of
22 trustees to the officers of the district;
23 . establishes requirements for a board of trustees to consider when fixing rates and
24 charges for service provided by the district; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 17B-2a-807, as renumbered and amended by Laws of Utah 2007, Chapter 329
33 17B-2a-808, as enacted by Laws of Utah 2007, Chapter 329
34 17B-2a-815, as enacted by Laws of Utah 2007, Chapter 329
35 72-1-303, as last amended by Laws of Utah 2007, Chapter 329
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 17B-2a-807 is amended to read:
39 17B-2a-807. Public transit district board of trustees -- Appointment --
40 Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
41 (1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
42 district, the board of trustees shall consist of members appointed by the legislative bodies of
43 each municipality, county, or unincorporated area within any county on the basis of one
44 member for each full unit of regularly scheduled passenger routes proposed to be served by the
45 district in each municipality or unincorporated area within any county in the following calendar
46 year.
47 (b) For purposes of determining membership under Subsection (1)(a), the number of
48 service miles comprising a unit shall be determined jointly by the legislative bodies of the
49 municipalities or counties comprising the district.
50 (c) The board of trustees of a public transit district under this Subsection (1) may
51 include a member that is a commissioner on the Transportation Commission created in Section
52 72-1-301 and appointed as provided in Subsection [
53 ex officio member.
54 (d) Members appointed under this Subsection (1) shall be appointed and added to the
55 board or omitted from the board at the time scheduled routes are changed, or as municipalities,
56 counties, or unincorporated areas of counties annex to or withdraw from the district using the
57 same appointment procedures.
58 (e) For purposes of appointing members under this Subsection (1), municipalities,
59 counties, and unincorporated areas of counties in which regularly scheduled passenger routes
60 proposed to be served by the district in the following calendar year is less than a full unit, as
61 defined in Subsection (1)(b), may combine with any other similarly situated municipality or
62 unincorporated area to form a whole unit and may appoint one member for each whole unit
63 formed.
64 (2) (a) If more than 200,000 people reside within the boundaries of a public transit
65 district, the board of trustees shall consist of 15 members appointed as described under this
66 Subsection (2), three members appointed as described in Subsection (4), and one [
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68 (b) Except as provided in Subsections (2)(c) and(d), the board shall apportion voting
69 members to each county within the district using an average of:
70 (i) the proportion of population included in the district and residing within each county,
71 rounded to the nearest 1/15 of the total transit district population; and
72 (ii) the proportion of transit sales and use tax collected from areas included in the
73 district and within each county, rounded to the nearest 1/15 of the total transit sales and use tax
74 collected for the transit district.
75 (c) The board shall join an entire or partial county not apportioned a voting member
76 under this Subsection (2) with an adjacent county for representation. The combined
77 apportionment basis included in the district of both counties shall be used for the
78 apportionment.
79 (d) (i) If rounding to the nearest 1/15 of the total public transit district apportionment
80 basis under Subsection (2)(b) results in an apportionment of more than 15 members, the county
81 or combination of counties with the smallest additional fraction of a whole member proportion
82 shall have one less member apportioned to it.
83 (ii) If rounding to the nearest 1/15 of the total public transit district apportionment
84 basis under Subsection (2)(b) results in an apportionment of less than 15 members, the county
85 or combination of counties with the largest additional fraction of a whole member proportion
86 shall have one more member apportioned to it.
87 (e) If the population in the unincorporated area of a county is at least 1/15 of the
88 district's population, the county executive, with the advice and consent of the county legislative
89 body, shall appoint one voting member to represent each 1/15 of the district's population within
90 a county's unincorporated area population.
91 (f) If a municipality's population is at least 1/15 of the district's population, the chief
92 municipal executive, with the advice and consent of the municipal legislative body, shall
93 appoint one voting member to represent each 1/15 of the district's population within a
94 municipality.
95 (g) The number of voting members appointed from a county and municipalities within
96 a county under Subsections (2)(e) and (f) shall be subtracted from the county's total voting
97 member apportionment under this Subsection (2).
98 (h) If the entire county is within the district, the remaining voting members for the
99 county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
100 the municipalities within the county.
101 (i) If the entire county is not within the district, and the county is not joined with
102 another county under Subsection (2)(c), the remaining voting members for the county shall
103 represent a municipality or combination of municipalities.
104 (j) Except as provided under Subsections (2)(e) and (f), voting members representing
105 counties, combinations of counties if Subsection (2)(c) applies, or municipalities within the
106 county shall be designated and appointed by a simple majority of the chief executives of the
107 municipalities within the county or combinations of counties if Subsection (2)(c) applies. The
108 appointments shall be made by joint written agreement of the appointing municipalities, with
109 the consent and approval of the county legislative body of the county that has at least 1/15 of
110 the district's apportionment basis.
111 (k) Voting members representing a municipality or combination of municipalities shall
112 be designated and appointed by the chief executive officer of the municipality or simple
113 majority of chief executive officers of municipalities with the consent of the legislative body of
114 the municipality or municipalities.
115 (l) The appointment of voting members shall be made without regard to partisan
116 political affiliation from among citizens in the community.
117 (m) Each voting member shall be a bona fide resident of the municipality, county, or
118 unincorporated area or areas which the voting member is to represent for at least six months
119 before the date of appointment, and must continue in that residency to remain qualified to serve
120 as a voting member.
121 (n) (i) All population figures used under this section shall be derived from the most
122 recent official census or census estimate of the United States Bureau of the Census.
123 (ii) If population estimates are not available from the United States Bureau of Census,
124 population figures shall be derived from the estimate from the Utah Population Estimates
125 Committee.
126 (iii) All transit sales and use tax totals shall be obtained from the State Tax
127 Commission.
128 (o) (i) The board shall be apportioned as provided under this section in conjunction
129 with the decennial United States Census Bureau report every ten years.
130 (ii) Within 120 days following the receipt of the population estimates under this
131 Subsection (2)(o), the district shall reapportion representation on the board of trustees in
132 accordance with this section.
133 (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
134 apportionment.
135 (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
136 each of its constituent entities as defined under Section 17B-1-701 .
137 (v) The appointing entities gaining a new board member shall appoint a new member
138 within 30 days following receipt of the resolution.
139 (vi) The appointing entities losing a board member shall inform the board of which
140 member currently serving on the board will step down upon appointment of a new member
141 under Subsection (2)(o)(v).
142 (3) Upon the completion of an annexation to a public transit district under Chapter 1,
143 Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
144 same basis as if the area had been included in the district as originally organized.
145 (4) In addition to the voting members appointed in accordance with Subsection (2), the
146 board shall consist of three voting members appointed as follows:
147 (a) one member appointed by the speaker of the House of Representatives;
148 (b) one member appointed by the president of the Senate; and
149 (c) one member appointed by the governor.
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151 members of the board shall be two years or until a successor is appointed, qualified, seated, and
152 has taken the oath of office.
153 (b) At the first meeting of the initial members of the board held after July 1, 2004,
154 voting members of the board shall designate by the drawing of lots for 1/2 of their number to
155 serve for one-year terms and 1/2 for two-year terms.
156 (c) (i) A voting member may not be appointed for more than three successive full
157 terms.
158 (ii) A voting member that has served three successive full terms may not be
159 reappointed as a member of the board for at least four years after the voting member's final day
160 of service of the voting member's third full term on the board.
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162 member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
163 within 90 days.
164 (b) If the appointing official under Subsection (1) does not fill the vacancy within 90
165 days, the board of trustees of the authority shall fill the vacancy.
166 (c) If the appointing official under Subsection (2) does not fill the vacancy within 90
167 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
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169 resolutions, and ordinances coming before the board of trustees.
170 (b) A majority of all voting members of the board of trustees are a quorum for the
171 transaction of business.
172 (c) The affirmative vote of a majority of all voting members present at any meeting at
173 which a quorum was initially present shall be necessary and, except as otherwise provided, is
174 sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
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176 (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
177 $200 in any calendar month to any voting member; and
178 (b) reasonable mileage and expenses necessarily incurred to attend board or committee
179 meetings.
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181 fixed by the chief executive officer of the entity initiating the proceedings.
182 (b) Immediately upon convening, the board of trustees shall elect from its voting
183 membership a president, vice president, and secretary who shall serve for a period of two years
184 or until their successors shall be elected and qualified.
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186 tenure in office, a voting member may not hold any employment, except as an independent
187 contractor or elected public official, with a county or municipality within the district.
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189 (a) for a public transit district serving a population of 200,000 people or fewer, may
190 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
191 a nonvoting, ex officio member; and
192 (b) for a public transit district serving a population of more than 200,000 people, shall
193 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
194 a [
195 [
196 subject to recall at any time by the legislative body of the county or municipality from which
197 the member is appointed.
198 (ii) Each recall of a board of trustees member shall be made in the same manner as the
199 original appointment.
200 (iii) The legislative body recalling a board of trustees member shall provide written
201 notice to the member being recalled.
202 (b) Upon providing written notice to the board of trustees, a member of the board may
203 resign from the board of trustees.
204 (c) If a board member is recalled or resigns under this Subsection [
205 vacancy shall be filled as provided in Subsection [
206 Section 2. Section 17B-2a-808 is amended to read:
207 17B-2a-808. Public transit district board of trustees powers and duties --
208 Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
209 (1) The powers and duties of a board of trustees of a public transit district stated in this
210 section are in addition to the powers and duties stated in Section 17B-1-301 .
211 (2) The board of trustees of each public transit district shall:
212 (a) appoint and fix the salary of a general manager, as provided in Section 17B-2a-811 ;
213 (b) determine the transit facilities that the district should acquire or construct;
214 (c) supervise and regulate each transit facility that the district owns and operates,
215 including:
216 (i) fixing rates, fares, rentals, and charges and any classifications of rates, fares, rentals,
217 and charges subject to the restrictions in Section 17B-2a-815 ; and
218 (ii) making and enforcing rules, regulations, contracts, practices, and schedules for or
219 in connection with a transit facility that the district owns or controls;
220 (d) control the investment of all funds assigned to the district for investment, including
221 funds:
222 (i) held as part of a district's retirement system; and
223 (ii) invested in accordance with the participating employees' designation or direction
224 pursuant to an employee deferred compensation plan established and operated in compliance
225 with Section 457 of the Internal Revenue Code;
226 (e) invest all funds according to the procedures and requirements of Title 51, Chapter
227 7, State Money Management Act;
228 (f) if a custodian is appointed under Subsection (3)(d), pay the fees for the custodian's
229 services from the interest earnings of the investment fund for which the custodian is appointed;
230 (g) (i) cause an annual audit of all district books and accounts to be made by an
231 independent certified public accountant;
232 (ii) as soon as practicable after the close of each fiscal year, submit to the chief
233 administrative officer and legislative body of each county and municipality with territory
234 within the district a financial report showing:
235 (A) the result of district operations during the preceding fiscal year; and
236 (B) the district's financial status on the final day of the fiscal year; and
237 (iii) supply copies of the report under Subsection (2)(g)(ii) to the general public upon
238 request in a quantity that the board considers appropriate; and
239 (iv) ensure policies are in place so that all public reports and data and statistics
240 included in public reports are accurate;
241 (h) annually review, modify, and approve the public transit district's short-term and
242 long-range public transit plans, including the transit portions of applicable regional
243 transportation plans adopted by a metropolitan planning organization established under 23
244 U.S.C. Sec. 134;
245 [
246 Section 72-1-301 the district's short-term and long-range public transit plans, including the
247 transit portions of applicable regional transportation plans adopted by a metropolitan planning
248 organization established under 23 U.S.C. Sec. 134[
249 (j) conduct an annual review of ridership and allocate funds and routes based on
250 ridership and needs;
251 (k) set minimum performance standards for a bus route and revise as needed to reflect
252 the public transit system demographics, congestion and pollution mitigation strategies, and
253 ridership needs and changes;
254 (l) direct the internal auditor to conduct audits that the board of trustees determines to
255 be the most critical to the success of the organization; and
256 (m) hear audit reports for audits conducted in accordance with Subsection (2)(l).
257 (3) A board of trustees of a public transit district may:
258 (a) subject to Subsection (5), make and pass ordinances, resolutions, and orders that
259 are:
260 (i) not repugnant to the United States Constitution, the Utah Constitution, or the
261 provisions of this part; and
262 (ii) necessary for:
263 (A) the government and management of the affairs of the district;
264 (B) the execution of district powers; and
265 (C) carrying into effect the provisions of this part;
266 (b) provide by resolution, under terms and conditions the board considers fit, for the
267 payment of demands against the district without prior specific approval by the board, if the
268 payment is:
269 (i) for a purpose for which the expenditure has been previously approved by the board;
270 (ii) in an amount no greater than the amount authorized; and
271 (iii) approved by the general manager or other officer or deputy as the board prescribes;
272 (c) (i) hold public hearings and subpoena witnesses; and
273 (ii) appoint district officers to conduct a hearing and require the officers to make
274 findings and conclusions and report them to the board; and
275 (d) appoint a custodian for the funds and securities under its control, subject to
276 Subsection (2)(f).
277 (4) The board of trustees of a public transit district may not delegate any of the powers
278 or duties of the board specified under Subsection (2).
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280 officer designated by the board may administer oaths and affirmations in a district investigation
281 or proceeding.
282 [
283 vote with each affirmative and negative vote recorded.
284 (b) (i) Subject to Subsection [
285 resolution or order by voice vote.
286 (ii) The vote of the board of trustees on a resolution or order shall be by roll call vote if
287 a member of the board so demands.
288 (c) (i) Except as provided in Subsection [
289 transit district may not adopt an ordinance unless it is:
290 (A) introduced at least a day before the board of trustees adopts it; or
291 (B) mailed by registered mail, postage prepaid, to each member of the board of trustees
292 at least five days before the day upon which the ordinance is presented for adoption.
293 (ii) Subsection [
294 vote of all board members present at a meeting at which at least 3/4 of all board members are
295 present.
296 (d) Each ordinance adopted by a public transit district's board of trustees shall take
297 effect upon adoption, unless the ordinance provides otherwise.
298 Section 3. Section 17B-2a-815 is amended to read:
299 17B-2a-815. Rates and charges for service.
300 (1) The board of trustees of a public transit district shall fix rates and charges for
301 service provided by the district by a two-thirds vote of all board members[
302 (a) a basis and pricing strategy for how subsidized fares and passes are set for all
303 service modes; and
304 (b) an acceptable subsidy level for all service modes.
305 (2) Rates and charges shall:
306 (a) be reasonable and equitable; and
307 (b) to the extent practicable:
308 (i) result in enough revenue to make the public transit system self supporting; and
309 (ii) be sufficient to:
310 (A) pay for district operating expenses;
311 (B) provide for repairs, maintenance, and depreciation of works and property that the
312 district owns or operates;
313 (C) provide for the purchase, lease, or acquisition of property and equipment;
314 (D) pay the interest and principal of bonds that the district issues; and
315 (E) pay for contracts, agreements, leases, and other legal liabilities that the district
316 incurs.
317 Section 4. Section 72-1-303 is amended to read:
318 72-1-303. Duties of commission.
319 The commission has the following duties:
320 (1) determining priorities and funding levels of projects in the state transportation
321 systems for each fiscal year based on project lists compiled by the department;
322 (2) determining additions and deletions to state highways under Chapter 4, Designation
323 of State Highways Act;
324 (3) holding public hearings and otherwise providing for public input in transportation
325 matters;
326 (4) making policies and rules in accordance with Title 63, Chapter 46a, Utah
327 Administrative Rulemaking Act, necessary to perform the commission's duties described under
328 this section;
329 (5) in accordance with Section 63-46b-12 , reviewing orders issued by the executive
330 director in adjudicative proceedings held in accordance with Title 63, Chapter 46b,
331 Administrative Procedures Act;
332 (6) advising the department in state transportation systems policy;
333 (7) approving settlement agreements of condemnation cases subject to Section
334 63-38b-401 ;
335 (8) in accordance with Section 17B-2a-807 , appointing a commissioner to serve as a
336 nonvoting, ex officio member or a voting member on the board of trustees of a public transit
337 district;
338 (9) in accordance with Section 17B-2a-808 , reviewing, at least annually, the short-term
339 and long-range public transit plans; and
340 (10) reviewing administrative rules made, amended, or repealed by the department.
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