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H.B. 157

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 16, 2004 at 11:30 AM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Mon, Feb 23, 2004 at 4:42 PM by chopkin. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 3, 2004 at 3:02 PM by rday. -->              1     

TRANSPORTATION AMENDMENTS

             2     
2004 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: John Dougall

             5     
             6      LONG TITLE
             7      General Description:
             8          This bill modifies the Utah Public Transit District Act S , THE SALES AND USE TAX ACT, s
             8a      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;
             18a      S . PROVIDES THAT A COUNTY, CITY, OR TOWN MAY IMPOSE A PUBLIC TRANSIT TAX OF UP TO
             18b      1/4 of 1%, RATHER THAN 1/4 of 1%; s
             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:
             26          None
             27      Other Special Clauses:


             28           S [ None ] THIS BILL PROVIDES AN EFFECTIVE DATE. s
             29      Utah Code Sections Affected:
             30      AMENDS:
             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
             32a      S 59-12-501 (EFFECTIVE 07/01/04), AS LAST AMENDED BY CHAPTER 312, LAWS OF UTAH 2003 s
             33          72-1-303, as last amended by Chapter 131, Laws of Utah 2003
             34     
             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 [trustees]:
             45          (A) members appointed by the legislative bodies of each municipality, county, or
             46      unincorporated area within any county on the basis of one [trustee] member for each full unit of
             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
             49          [(b)] (B) for purposes of determining membership under Subsection (2)(a)(i)(A), the
             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;
             55          [(c) trustees] (b) members appointed under this Subsection (2) shall be appointed and
             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


             59          [(d)] (c) for purposes of appointing members under Subsection (2)(b), municipalities,
             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 [trustee] member for each whole
             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 [trustees] members appointed as described under [Subsections (4)
             67      and (5)] this Subsection (3) and one nonvoting, ex officio member appointed as provided in
             68      Subsection (10).
             69          [(4) (a)] (b) Except as provided under Subsections [(4)(b) and (c)] (3)(c) and (3)(d), the
             70      board shall apportion voting members to each county within the district [based on: (i) from the
             71      effective date of this act until the apportionment following the year 2000 decennial United
             72      States Census Bureau report, the proportion of population included in the district and residing
             73      within each county, rounded to the nearest 1/15 of the total transit district population; and (ii)
             74      beginning with the first apportionment following the year 2000 decennial United States Census
             75      Bureau report,] using an average of:
             76          [(A)] (i) the proportion of population included in the district and residing within each
             77      county, rounded to the nearest 1/15 of the total transit district population; and
             78          [(B)] (ii) the proportion of transit sales and use tax collected from areas included in the
             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.
             81          [(b)] (c) The board shall join an entire or partial county not apportioned a voting
             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
             84      apportionment.
             85          [(c)] (d) If rounding to the nearest 1/15 of the total transit district apportionment basis
             86      under Subsection [(4)(a)] (3)(b) results in an apportionment of:
             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;
             89      or


             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
             92      it.
             93          [(5) (a)] (e) If the unincorporated area of a county is at least 1/15 of the district's
             94      population, the county executive, with the advice and consent of the county legislative body,
             95      shall appoint one [trustee] voting member to represent each 1/15 of the district's population
             96      within a county's unincorporated area population.
             97          [(b)] (f) If a municipality's population is at least 1/15 of the district's population, the
             98      chief municipal executive, with the advice and consent of the municipal legislative body, shall
             99      appoint one [trustee] voting member to represent each 1/15 of the district's population within a
             100      municipality.
             101          [(c)] (g) The number of [trustees] voting members appointed from a county and
             102      municipalities within a county under Subsections [(5)(a) and (b)] (3)(e) and (3)(f) shall be
             103      subtracted from the county's total voting member apportionment under this Subsection [(4)]
             104      (3).
             105          [(d)] (h) If the entire county is within the district, the remaining [trustees] voting
             106      members for the county shall represent the county or combination of counties if Subsection
             107      [(4)(b)] (3)(c) applies, or the municipalities within the county.
             108          [(e)] (i) If the entire county is not within the district, and the county is not joined with
             109      another county under Subsection [(4)(b)] (3)(c), the remaining [trustees] voting members for
             110      the county shall represent a municipality or combination of municipalities.
             111          [(f)] (j) Except as provided under Subsections [(5)(a) and (b), trustees] (3)(e) and
             112      (3)(f), voting members representing counties, combinations of counties if Subsection [(4)(b)]
             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 [(4)(b)] (3)(c) applies. The appointments shall be made by joint
             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.
             118          [(g) Trustees] (k) Voting members representing a municipality or combination of
             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.
             122          [(h)] (l) The appointment of [trustees] voting members shall be made without regard to
             123      partisan political affiliation from among citizens in the community.
             124          [(i)] (m) Each [trustee] voting member shall be a bona fide resident of the municipality,
             125      county, or unincorporated area or areas which the [trustee] voting member is to represent for at
             126      least six months before the date of appointment, and must continue in that residency to remain
             127      qualified to serve as a [trustee] voting member.
             128          [(j) (i) Each trustee whose term has not expired and is serving on the effective date of
             129      this act shall continue to serve as a trustee until the expiration of the term for which the trustee
             130      was appointed, subject to the term limitations under which the trustee was initially appointed.]
             131          [(ii) Beginning on the effective date of this act, any vacancy for which the successor
             132      has not taken the oath of office shall be filled in the following order:]
             133          [(A) by a municipality eligible to make an appointment under Subsection (5)(b);]
             134          [(B) by a county eligible to make an appointment for its unincorporated area under
             135      Subsection (5)(a); and]
             136          [(C) as otherwise provided under this section.]
             137          [(k)] (n) (i) All population figures used under this section shall be derived from the
             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
             141      Committee.
             142          (iii) All transit sales and use tax totals shall be obtained from the State Tax
             143      Commission.
             144          [(l) After the initial apportionment immediately following the effective date of this act,
             145      the]
             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.
             148          [(6)] (4) (a) Except the initial [trustees] members of the board, the terms of office of
             149      the [trustees] voting members of the board shall be three years or until [their successors are] a
             150      successor is appointed, qualified, seated, and [have] has taken the oath of office.
             151          (b) At the first meeting of the initial [trustees, the directors] members of the board,


             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[, 1/3 for];
             155          (ii) two-year terms[, and 1/3 for]; or
             156          (iii) three-year terms.
             157          (c) A [trustee] voting member may not be appointed for more than two successive full
             158      terms.
             159          [(7)] (5) (a) Vacancies for voting members shall be filled by the official appointing the
             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 [(5)] (3) does not fill the vacancy within
             165      90 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
             166          [(8)] (6) (a) Each [trustee] voting member may cast one vote on all questions, orders,
             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 [trustees] voting members present at any
             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.
             174          [(9)] (7) The district shall pay to each [trustee] voting member:
             175          (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
             176      $200 in any calendar month to any H [ trustee ] VOTING MEMBER h ; and
             177          (b) reasonable mileage and expenses necessarily incurred to attend board or committee
             178      meetings.
             179          [(10)] (8) (a) Members of the initial board of trustees shall convene at the time and
             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.
             184          [(11)] (9) At the time of a [trustee's] voting member's appointment or during a
             185      [trustee's] voting member's tenure in office, a [trustee] voting member may not hold:
             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[:] shall have the powers and duties provided under this
             200      section.
             201          [(a) Shall] (2) The board shall determine [what] the transit facilities that should be
             202      acquired or constructed.
             203          [(b) Shall] (3) The board shall supervise and regulate every transit facility owned and
             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.
             207          [(c) May] (4) (a) The board may make and pass ordinances, resolutions, and orders not
             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
             211      part.
             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. [No ordinance shall be adopted]
             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 [not
             218      less than] at least 3/4 of all [directors; provided, that in lieu of such previous introduction or
             219      unanimous vote, any] members of the board.
             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 [shall be] is presented for adoption.
             223          (e) All ordinances shall take effect upon their adoption by the board, unless otherwise
             224      provided [therein] in the ordinance.
             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.
             227          [(d) Shall] (6) (a) The board shall cause an annual audit be made of all books and
             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 [thereof] of the fiscal year.
             233          (b) Copies of the report shall be supplied to the general public upon request in the
             234      quantity [deemed] considered appropriate by the board.
             235          [(e) May] (7) The board may provide by resolution, under terms and conditions it
             236      considers fit, for the payment of demands against the district, without prior specific approval by
             237      the board if [the demand] the payment is:
             238          (a) for a purpose for which [an] the expenditure has been previously approved by the
             239      board [and];
             240          (b) in an amount no greater than the amount [so] authorized[,]; and [if the demand]
             241          (c) H [ is ] h approved by the general manager or [such] any other officer or deputy as the
             242      board may prescribe.
             243          [(f) May] (8) (a) The board may hold public hearings, subpoena witnesses, and
             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 [thereon] on the findings and conclusions to the
             247      board. [Each director or]
             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) H (a) h 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 .
             251a          H (b)    THE REPORT SHALL INCLUDE THE TRANSIT PORTIONS OF APPLICABLE REGIONAL
             251b      TRANSPORTATION PLANS ADOPTED BY A METROPOLITAN PLANNING ORGANIZATION
             251c      ESTABLISHED UNDER 23 U.S.C. SEC. 134. h
             252          [(2)] (11) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, except
             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.
             255a      S Section 3. Section 59-12-501 (Effective 07/01/04) is amended to read:
             255b          59-12-501 (Effective 07/01/04).   Public transit tax -- Base -- Rate -- Voter approval.
             255c          (1) (a) (i) Except as provided in Subsections (1)(a)(ii) and 59-12-207.1(7)(c), in addition to other
             255d      sales and use taxes, any county, city, or town within a transit district organized under Title 17A,
             255e      Chapter 2, Part 10, Utah Public Transit District Act, may impose a sales and use tax of UP TO 1/4 of 1%
             255f      on the transactions described in Subsection 59-12-103(1) located within the county, city, or town, to
             255g      fund a public transportation system.
             255h          (ii) Notwithstanding Subsection (1)(a)(i), a county, city, or town may not impose a tax under
             255i      this section on the sales and uses described in Section 59-12-104 to the extent the sales and uses are
             255j      exempt from taxation under Section 59-12-104.
             255k          (b) For purposes of this Subsection (1), the location of a transaction shall be determined in
             255l      accordance with Sections 59-12-207.1 through 59-12-207.4.
             255m          (c) (i) A county, city, or town may impose a tax under this section only if the governing body
             255n      of the county, city, or town, by resolution, submits the proposal to all the qualified voters within the
             255o      county, city, or town for approval at a general or special election conducted in the manner provided by
             255p      statute.
             255q          (ii) An election under Subsection 17B-2-512(3)(a)(ii) approving the annexation of an area to a
             255r      public transit district or local district and approving for that annexed area the sales and use tax
             255s      authorized by this section satisfies the election requirement of Subsection (1)(c)(i) for the area to be
             255t      annexed to the public transit district or local district.
             255u          (2) (a) If only a portion of a county is included within a public transit district, the proposal may
             255v      be submitted only to the qualified voters residing within the boundaries of the proposed or existing


             255w      public transit district.
             255x          (b) Notice of any such election shall be given by the county, city, or town governing body 15
             255y      days in advance in the manner prescribed by statute.
             255z          (c) If a majority of the voters voting in such election approve the proposal, it shall become
             255aa      effective on the date provided by the county, city, or town governing body. s


             255ab      S     (3) This section may not be construed to require an election in jurisdictions where voters have
             255ac      previously approved a public transit sales or use tax. s
             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
             264      matters;
             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; [and]
             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;
             275a      S Section 5. Effective date.
             275b          THIS BILL TAKES EFFECT ON MAY 3, 2004, EXCEPT THAT SECTION 59-12-501 (Effective
             275c      07/01/04) TAKES EFFECT ON JULY 1, 2004. s


             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.

Office of Legislative Research and General Counsel


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