S.B. 84

1

PUBLIC TRANSIT DISTRICT BOARDS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: L. Alma Mansell
5 AN ACT RELATING TO SPECIAL DISTRICTS; AMENDING THE BOARD APPOINTMENT
6 BASIS AND PROCESS FOR CERTAIN PUBLIC TRANSIT DISTRICTS; MAKING
7 TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 17A-2-1038, as last amended by Chapter 224, Laws of Utah 1995
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 17A-2-1038 is amended to read:
13 17A-2-1038. Board of directors -- Selection -- Appointment -- Qualifications --
14 Quorum -- Compensation -- Terms.
15 (1) (a) All powers, privileges, and duties vested in any incorporated district shall be
16 performed by a board of directors.
17 (b) The board may delegate the exercise of any duty to any of the offices created under this
18 part.
19 [(2) Members of the board of directors shall be selected as follows:]
20 [(a)] (2) If 200,000 people or less reside within the district boundaries[, the]:
21 (a) The board of directors shall consist of directors appointed by the legislative bodies of
22 each municipality, county, or unincorporated area within any county on the basis of one director
23 for each full unit of regularly scheduled passenger routes proposed to be served by the district in
24 each municipality or unincorporated area within any county in the following calendar year[.];
25 (b) The number of service miles comprising a unit shall be determined jointly by the
26 legislative bodies of the municipalities or counties comprising the district[.];
27 (c) Directors shall be appointed and added to the board or omitted from the board at the

1 time scheduled routes are changed, or as municipalities, counties, or unincorporated areas of
2 counties annex to or withdraw from the district using the same appointment procedures[.]; and
3 (d) Municipalities, counties, and unincorporated areas of counties in which regularly
4 scheduled passenger routes proposed to be served by the district in the following calendar year is
5 less than a full unit, as defined in Subsection (a), may combine with any other similarly situated
6 municipality or unincorporated area to form a whole unit and may appoint one director for each
7 whole unit formed.
8 (3) [(a)] If more than 200,000 people reside within the district boundaries, the board of
9 directors shall consist of[:] 15 directors appointed as described under Subsections (4) and (5).
10 [(i) one director appointed by each entire county within the district;]
11 [(ii) one director appointed by each municipality or combination of municipalities annexed
12 to the district that:]
13 [(A) are located inside a county where the entire county did not incorporate into the district
14 as an entire county; and]
15 [(B) have a population of at least 26,000 people who reside within the district; and]
16 [(iii) one additional director for each 120,000 people who reside:]
17 [(A) within the county, municipality, or combination of municipalities; and]
18 [(B) within the district.]
19 (4) (a) Except as provided under Subsections (4)(b) and (c), the board shall apportion
20 members to each county within the district based on:
21 (i) From the effective date of this act until the apportionment following the year 2000
22 decennial United States Census Bureau report, the proportion of population included in the district
23 and residing within each county, rounded to the nearest 1/15 of the total transit district population;
24 and
25 (ii) Beginning with the first apportionment following the year 2000 decennial United
26 States Census Bureau report, an average of:
27 (A) the proportion of population included in the district and residing within each county,
28 rounded to the nearest 1/15 of the total transit district population; and
29 (B) the proportion of transit sales and use tax collected from areas included in the district
30 and within each county, rounded to the nearest 1/15 of the total transit sales and use tax collected
31 for the transit district.

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1 (b) The board shall join h [ a ] AN ENTIRE OR PARTIAL h county not apportioned a
1a member under this subsection with an
2 adjacent county for representation. The combined apportionment basis included in the district of
3 both counties shall be used for the apportionment.
4 (c) If rounding to the nearest 1/15 of the total transit district apportionment basis under
5 Subsection (4)(a) results in an apportionment of:
6 (i) more than 15 members, the county or combination of counties with the smallest
7 additional fraction of a whole member proportion shall have one less member apportioned to it;
8 or
9 (ii) less than 15 members, the county or combination of counties with the largest additional
10 fraction of a whole member proportion shall have one more member apportioned to it.
11 (5) (a) If the unincorporated area of a county is at least 1/15 of the district's population,
12 the county executive, with the advice and consent of the county legislative body, shall appoint one
13 director to represent each 1/15 of the district's population within a county's unincorporated area
14 population.
15 (b) If a municipality's population is at least 1/15 of the district's population, the chief
16 municipal executive, with the advice and consent of the municipal legislative body, shall appoint
17 one director to represent each 1/15 of the district's population within a municipality.
18 (c) The number of directors appointed from a county and municipalities within a county
19 under Subsections (5)(a) and (b) shall be subtracted from the county's total member apportionment
20 under Subsection (4).
21 (d) If the entire county is within the district, the remaining directors for the county shall
22 represent the h [ entire ] h county or combination of counties if Subsection (4)(b) applies h , OR THE
22a MUNICIPALITIES WITHIN THE COUNTY h .
23 (e) If the entire county is not within the district, h AND THE COUNTY IS NOT JOINED WITH
23a ANOTHER COUNTY UNDER SUBSECTION (4)(b) , h the remaining directors for the county
24 shall represent a municipality or combination of municipalities.
25 h [ [(b) (i)] (f) Directors representing counties or combinations of counties if Subsection (4)(b)
26 applies shall be designated and appointed by the county executive of the county that has at least
27 1/15 of the district's apportionment basis with the consent and approval of:
28 (i) the county legislative body[.]; and h

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29 h (ii) the [county legislative body may confer with mayors] simple majority S BY SECRET
29a BALLOT s of all municipal
30 chief executives within the county or combination of counties being represented .]
30a (f) EXCEPT AS PROVIDED UNDER SUBSECTION (5)(a) AND (b), DIRECTORS REPRESENTING
30b COUNTIES, COMBINATIONS OF COUNTIES IF SUBSECTION (4)(b) APPLIES, OR MUNICIPALITIES
30c WITHIN THE COUNTY SHALL BE DESIGNATED AND APPOINTED BY A SIMPLE MAJORITY OF THE
30d CHIEF EXECUTIVES OF THE MUNICIPALITIES WITHIN THE COUNTY OR COMBINATIONS OF COUNTIES
30e IF SUBSECTION (4)(b) APPLIES. THE APPOINTMENTS SHALL BE MADE BY JOINT WRITTEN
30f AGREEMENT OF THE APPOINTING MUNICIPALITIES, WITH THE CONSENT AND APPROVAL OF THE
30g COUNTY LEGISLATIVE BODY OF THE COUNTY THAT HAS AT LEAST 1/15 OF THE DISTRICT'S
30h APPORTIONMENT BASIS. h
Text Box

Amend on 3_goldenrod February 25, 1997
corrected goldenrod_February 25, 1997 31 [(c)] (g) Directors representing a municipality or combination of municipalities shall be

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1 designated and appointed by the chief executive officer of the municipality or h SIMPLE MAJORITY OF
1a CHIEF EXECUTIVE OFFICERS OF h municipalities with
2 the consent of the legislative body of the municipality or municipalities.
3 [(d)] (h) The appointment of directors shall be made without regard to partisan political
4 affiliation from among citizens in the community.
5 [(e) Population shall be determined by the official United States Census, or, with the
6 consent of the district, any other census agreed upon by the legislative bodies of the municipalities
7 or counties comprising the district.]
8 [(f)] (i) Each director shall be a bona fide resident of the municipality, county, or
9 unincorporated area or areas which the director is to represent for at least six months before the
10 date of appointment, and must continue in that residency to remain qualified to serve as a director.
11 h [ (j) Each director whose term has not expired and is serving on the effective date of this act
12 shall continue to serve as a director representing the entity that appointed the director until the
13 expiration of the term for which the director was appointed, subject to the term limitations under
14 which the director was initially appointed and residency qualifications. Any member appointed
15 after the effective date of this act shall be appointed in compliance with this section. ]
15a (j)(i) EACH DIRECTOR WHOSE TERM HAS NOT EXPIRED AND IS SERVING ON THE
15b EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE AS A DIRECTOR UNTIL THE EXPIRATION
15c OF THE TERM FOR WHICH THE DIRECTOR WAS APPOINTED, SUBJECT TO THE TERM LIMITATIONS
15d UNDER WHICH THE DIRECTOR WAS INITIALLY APPOINTED.
15e (ii) BEGINNING ON THE EFFECTIVE DATE OF THIS ACT, ANY VACANCY FOR WHICH THE
15f SUCCESSOR HAS NOT TAKEN THE OATH OF OFFICE SHALL BE FILLED IN THE FOLLOWING ORDER:
15g (A) BY A MUNICIPALITY ELIGIBLE TO MAKE AN APPOINTMENT UNDER SUBSECTION (5)(b);
15h (B) BY A COUNTY ELIGIBLE TO MAKE AN APPOINTMENT FOR ITS UNINCORPORATED AREA
15i UNDER SUBSECTION (5)(a); AND
15j (C) AS OTHERWISE PROVIDED UNDER THIS SECTION. h
16 (k) (i) All population figures used under this section shall be the most recent official
17 census or census estimate of the United States Bureau of the Census.
18 (ii) If population estimates are not made for any county, city, or town by the United States
19 Bureau of Census, population figures shall be determined according to the biennial estimate from
20 the Utah Population Estimates Committee.
21 (iii) All transit sales and use tax totals shall be obtained from the Tax Commission.
22 (l) After the initial apportionment immediately following the effective date of this act, the
23 board shall be apportioned as provided under this section in conjunction with the decennial
24 United States Census Bureau report every ten years.
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25 [(g) (i)] (6) (a) Except the initial directors, the terms of office of the directors shall be three
26 years or until their successors are appointed [and], qualified, seated, and have taken the oath of
27 office.
28 [(ii)] (b) At the first meeting of the initial directors, the directors shall designate by the
29 drawing of lots 1/3 of their number to serve for one-year terms, 1/3 for two-year terms, and 1/3 for
30 three-year terms.
31 [(iii)] (c) A director may not be appointed for more than two successive full terms.

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1 [(iv)] (7) (a) Vacancies shall be filled by the official appointing the member creating the
2 vacancy for the unexpired term, unless the official fails to fill the vacancy within [60] 90 days.
3 [(v)] (b) If the appointing official h UNDER SUBSECTION (2) h does not fill the vacancy
3a within [60] 90 days, the board
4 of directors of the authority shall fill the vacancy.
4a h (c) IF THE APPOINTING OFFICIAL UNDER SUBSECTION (5) DOES NOT FILL THE
4b VACANCY WITHIN 90 DAYS, THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE,
4c SHALL FILL THE VACANCY. h
5 [(h)] (8) (a) Each director may cast one vote on all questions, orders, resolutions, and
6 ordinances coming before the board of directors.
7 [(i)] (b) A majority of all members of the board of directors are a quorum for the
8 transaction of business.
9 [(j)] (c) The affirmative vote of a majority of all directors present at any meeting at which
10 a quorum was initially present shall be necessary and, except as otherwise provided, is sufficient
11 to carry any order, resolution, ordinance, or proposition before the board of directors.
12 [(k)] (9) The district shall pay to each director:
13 [(i)] (a) an attendance fee of [$25] $50 per board or committee meeting attended, not to
14 exceed [$75] $200 in any calendar month to any director; and
15 [(ii)] (b) reasonable mileage and expenses necessarily incurred to attend board or
16 committee meetings.
17 [(l)] (10) (a) Members of the initial board of directors shall convene at the time and place
18 fixed by the chief executive officer of the entity initiating the proceedings.
19 [(m)] (b) Immediately upon convening, the board of directors shall elect from its
20 membership a president, vice president, and secretary who shall serve for a period of two years or
21 until their successors shall be elected and qualified.
22 [(n)] (11) (a) At the time of a director's appointment or during a director's tenure in office,
23 a director may not:
24 (i) hold any elected public office with the United States, the state, or any political
25 subdivision of either; or
26 (ii) any employment, except as an independent contractor, with a county or municipality
27 within the district.
28 [(o)] (b) Each director shall:
29 (i) take an oath of office before entering the office; and
30 (ii) file a copy of the oath with the lieutenant governor and the secretary of the district.
31 Section 2. Effective date.

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1 If approved by two-thirds of all the members elected to each house, this act takes effect
2 upon approval by the governor, or the day following the constitutional time limit of Utah
3 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
4 date of veto override.




Legislative Review Note
as of 11-26-96 11:32 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Transportation and Public Safety Interim Committee recommended this bill.

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