S.B. 84 Enrolled

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

(d) Municipalities, counties, and unincorporated areas of counties in which regularly
scheduled passenger routes proposed to be served by the district in the following calendar year is less
than a full unit, as defined in Subsection (a), may combine with any other similarly situated
municipality or unincorporated area to form a whole unit and may appoint one director for each
whole unit formed.
(3) [(a)] If more than 200,000 people reside within the district boundaries, the board of
directors shall consist of[:] 15 directors appointed as described under Subsections (4) and (5).
[(i) one director appointed by each entire county within the district;]
[(ii) one director appointed by each municipality or combination of municipalities annexed
to the district that:]
[(A) are located inside a county where the entire county did not incorporate into the district
as an entire county; and]
[(B) have a population of at least 26,000 people who reside within the district; and]
[(iii) one additional director for each 120,000 people who reside:]
[(A) within the county, municipality, or combination of municipalities; and]
[(B) within the district.]
[(b) (i) Directors representing counties shall be designated and appointed by the county
executive with the consent and approval of the county legislative body.]
[(ii) the county legislative body may confer with mayors within the county.]
(4) (a) Except as provided under Subsections (4)(b) and (c), the board shall apportion
members to each county within the district based on:
(i) From the effective date of this act until the apportionment following the year 2000
decennial United States Census Bureau report, the proportion of population included in the district
and residing within each county, rounded to the nearest 1/15 of the total transit district population;
and
(ii) Beginning with the first apportionment following the year 2000 decennial United States
Census Bureau report, an average of:
(A) the proportion of population included in the district and residing within each county,

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rounded to the nearest 1/15 of the total transit district population; and
(B) the proportion of transit sales and use tax collected from areas included in the district
and within each county, rounded to the nearest 1/15 of the total transit sales and use tax collected
for the transit district.
(b) The board shall join an entire or partial county not apportioned a member under this
subsection with an adjacent county for representation. The combined apportionment basis included
in the district of both counties shall be used for the apportionment.
(c) If rounding to the nearest 1/15 of the total transit district apportionment basis under
Subsection (4)(a) results in an apportionment of:
(i) more than 15 members, the county or combination of counties with the smallest
additional fraction of a whole member proportion shall have one less member apportioned to it; or
(ii) less than 15 members, the county or combination of counties with the largest additional
fraction of a whole member proportion shall have one more member apportioned to it.
(5) (a) If the unincorporated area of a county is at least 1/15 of the district's population, the
county executive, with the advice and consent of the county legislative body, shall appoint one
director to represent each 1/15 of the district's population within a county's unincorporated area
population.
(b) If a municipality's population is at least 1/15 of the district's population, the chief
municipal executive, with the advice and consent of the municipal legislative body, shall appoint one
director to represent each 1/15 of the district's population within a municipality.
(c) The number of directors appointed from a county and municipalities within a county
under Subsections (5)(a) and (b) shall be subtracted from the county's total member apportionment
under Subsection (4).
(d) If the entire county is within the district, the remaining directors for the county shall
represent the county or combination of counties if Subsection (4)(b) applies, or the municipalities
within the county.
(e) If the entire county is not within the district, and the county is not joined with another
county under Subsection (4)(b), the remaining directors for the county shall represent a municipality

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or combination of municipalities.
(f) Except as provided under Subsection (5)(a) and (b), directors representing counties,
combinations of counties if Subsection (4)(b) applies, or municipalities within the county shall be
designated and appointed by a simple majority of the chief executives of the municipalities within
the county or combinations of counties if Subsection (4)(b) applies. The appointments shall be made
by joint written agreement of the appointing municipalities, with the consent and approval of the
county legislative body of the county that has at least 1/15 of the district's apportionment basis.
[(c)] (g) Directors representing a municipality or combination of municipalities shall be
designated and appointed by the chief executive officer of the municipality or simple majority of
chief executive officers of municipalities with the consent of the legislative body of the municipality
or municipalities.
[(d)] (h) The appointment of directors shall be made without regard to partisan political
affiliation from among citizens in the community.
[(e) Population shall be determined by the official United States Census, or, with the consent
of the district, any other census agreed upon by the legislative bodies of the municipalities or
counties comprising the district.]
[(f)] (i) Each director shall be a bona fide resident of the municipality, county, or
unincorporated area or areas which the director is to represent for at least six months before the date
of appointment, and must continue in that residency to remain qualified to serve as a director.
(j) (i) Each director whose term has not expired and is serving on the effective date of this
act shall continue to serve as a director until the expiration of the term for which the director was
appointed, subject to the term limitations under which the director was initially appointed.
(ii) Beginning on the effective date of this act, any vacancy for which the successor has not
taken the oath of office shall be filled in the following order:
(A) by a municipality eligible to make an appointment under Subsection (5)(b);
(B) by a county eligible to make an appointment for its unincorporated area under
Subsection (5)(a); and
(C) as otherwise provided under this section.

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(k) (i) All population figures used under this section shall be the most recent official census
or census estimate of the United States Bureau of the Census.
(ii) If population estimates are not made for any county, city, or town by the United States
Bureau of Census, population figures shall be determined according to the biennial estimate from
the Utah Population Estimates Committee.
(iii) All transit sales and use tax totals shall be obtained from the Tax Commission.
(l) After the initial apportionment immediately following the effective date of this act, the
board shall be apportioned as provided under this section in conjunction with the decennial
United States Census Bureau report every ten years.
[(g) (i)] (6) (a) Except the initial directors, the terms of office of the directors shall be three
years or until their successors are appointed [and], qualified, seated, and have taken the oath of
office.
[(ii)] (b) At the first meeting of the initial directors, the directors shall designate by the
drawing of lots 1/3 of their number to serve for one-year terms, 1/3 for two-year terms, and 1/3 for
three-year terms.
[(iii)] (c) A director may not be appointed for more than two successive full terms.
[(iv)] (7) (a) Vacancies shall be filled by the official appointing the member creating the
vacancy for the unexpired term, unless the official fails to fill the vacancy within [60] 90 days.
[(v)] (b) If the appointing official under Subsection (2) does not fill the vacancy within [60]
90 days, the board of directors of the authority shall fill the vacancy.
(c) If the appointing official under Subsection (5) does not fill the vacancy within 90 days,
the governor, with the advice and consent of the Senate, shall fill the vacancy.
[(h)] (8) (a) Each director may cast one vote on all questions, orders, resolutions, and
ordinances coming before the board of directors.
[(i)] (b) A majority of all members of the board of directors are a quorum for the transaction
of business.
[(j)] (c) The affirmative vote of a majority of all directors present at any meeting at which
a quorum was initially present shall be necessary and, except as otherwise provided, is sufficient to

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carry any order, resolution, ordinance, or proposition before the board of directors.
[(k)] (9) The district shall pay to each director:
[(i)] (a) an attendance fee of [$25] $50 per board or committee meeting attended, not to
exceed [$75] $200 in any calendar month to any director; and
[(ii)] (b) reasonable mileage and expenses necessarily incurred to attend board or committee
meetings.
[(l)] (10) (a) Members of the initial board of directors shall convene at the time and place
fixed by the chief executive officer of the entity initiating the proceedings.
[(m)] (b) Immediately upon convening, the board of directors shall elect from its
membership a president, vice president, and secretary who shall serve for a period of two years or
until their successors shall be elected and qualified.
[(n)] (11) (a) At the time of a director's appointment or during a director's tenure in office,
a director may not:
(i) hold any elected public office with the United States, the state, or any political
subdivision of either; or
(ii) any employment, except as an independent contractor, with a county or municipality
within the district.
[(o)] (b) Each director shall:
(i) take an oath of office before entering the office; and
(ii) file a copy of the oath with the lieutenant governor and the secretary of the district.
Section 2. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.


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