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H.B. 144 Enrolled

             1     

PUBLIC TRANSIT DISTRICT BOARD AMENDMENTS

             2     
2013 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Merrill F. Nelson

             5     
Senate Sponsor: Curtis S. Bramble

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions relating to a public transit district board of trustees.
             10      Highlighted Provisions:
             11          This bill:
             12          .    adds a nonvoting member who represents all municipalities within the district that
             13      are located within a county that is not annexed into the public transit district to the
             14      board of trustees of a public transit district serving a population of more than
             15      200,000 people;
             16          .    establishes procedures for municipalities to appoint the nonvoting member to the
             17      board of trustees of the public transit district; and
             18          .    makes technical corrections.
             19      Money Appropriated in this Bill:
             20          None
             21      Other Special Clauses:
             22          None
             23      Utah Code Sections Affected:
             24      AMENDS:
             25          17B-2a-807, as last amended by Laws of Utah 2011, Chapters 106 and 297
             26     
             27      Be it enacted by the Legislature of the state of Utah:
             28          Section 1. Section 17B-2a-807 is amended to read:
             29           17B-2a-807. Public transit district board of trustees -- Appointment --


             30      Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
             31          (1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
             32      district, the board of trustees shall consist of members appointed by the legislative bodies of
             33      each municipality, county, or unincorporated area within any county on the basis of one
             34      member for each full unit of regularly scheduled passenger routes proposed to be served by the
             35      district in each municipality or unincorporated area within any county in the following calendar
             36      year.
             37          (b) For purposes of determining membership under Subsection (1)(a), the number of
             38      service miles comprising a unit shall be determined jointly by the legislative bodies of the
             39      municipalities or counties comprising the district.
             40          (c) The board of trustees of a public transit district under this Subsection (1) may
             41      include a member that is a commissioner on the Transportation Commission created in Section
             42      72-1-301 and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex
             43      officio member.
             44          (d) Members appointed under this Subsection (1) shall be appointed and added to the
             45      board or omitted from the board at the time scheduled routes are changed, or as municipalities,
             46      counties, or unincorporated areas of counties annex to or withdraw from the district using the
             47      same appointment procedures.
             48          (e) For purposes of appointing members under this Subsection (1), municipalities,
             49      counties, and unincorporated areas of counties in which regularly scheduled passenger routes
             50      proposed to be served by the district in the following calendar year is less than a full unit, as
             51      defined in Subsection (1)(b), may combine with any other similarly situated municipality or
             52      unincorporated area to form a whole unit and may appoint one member for each whole unit
             53      formed.
             54          (2) (a) Subject to Section 17B-2a-807.5 , if more than 200,000 people reside within the
             55      boundaries of a public transit district, the board of trustees shall consist of:
             56          (i) 11 members:
             57          (A) appointed as described under this Subsection (2); or


             58          (B) retained in accordance with Section 17B-2a-807.5 ;
             59          (ii) three members appointed as described in Subsection (4); [and]
             60          (iii) one voting member appointed as provided in Subsection (11)[.]; and
             61          (iv) one nonvoting member appointed as provided in Subsection (12).
             62          (b) Except as provided in Subsections (2)(c) and (d), the board shall apportion voting
             63      members to each county within the district using an average of:
             64          (i) the proportion of population included in the district and residing within each county,
             65      rounded to the nearest 1/11 of the total transit district population; and
             66          (ii) the cumulative proportion of transit sales and use tax collected from areas included
             67      in the district and within each county, rounded to the nearest 1/11 of the total cumulative transit
             68      sales and use tax collected for the transit district.
             69          (c) The board shall join an entire or partial county not apportioned a voting member
             70      under this Subsection (2) with an adjacent county for representation. The combined
             71      apportionment basis included in the district of both counties shall be used for the
             72      apportionment.
             73          (d) (i) If rounding to the nearest 1/11 of the total public transit district apportionment
             74      basis under Subsection (2)(b) results in an apportionment of more than 11 members, the county
             75      or combination of counties with the smallest additional fraction of a whole member proportion
             76      shall have one less member apportioned to it.
             77          (ii) If rounding to the nearest 1/11 of the total public transit district apportionment
             78      basis under Subsection (2)(b) results in an apportionment of less than 11 members, the county
             79      or combination of counties with the largest additional fraction of a whole member proportion
             80      shall have one more member apportioned to it.
             81          (e) If the population in the unincorporated area of a county is at least 140,000, the
             82      county executive, with the advice and consent of the county legislative body, shall appoint one
             83      voting member to represent the population within a county's unincorporated area.
             84          (f) If a municipality's population is at least 160,000, the chief municipal executive,
             85      with the advice and consent of the municipal legislative body, shall appoint one voting member


             86      to represent the population within a municipality.
             87          (g) (i) The number of voting members appointed from a county and municipalities
             88      within a county under Subsections (2)(e) and (f) shall be subtracted from the county's total
             89      voting member apportionment under this Subsection (2).
             90          (ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting member
             91      appointed by an appointing entity may be a locally elected public official.
             92          (h) If the entire county is within the district, the remaining voting members for the
             93      county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
             94      the municipalities within the county.
             95          (i) If the entire county is not within the district, and the county is not joined with
             96      another county under Subsection (2)(c), the remaining voting members for the county shall
             97      represent a municipality or combination of municipalities.
             98          (j) (i) Except as provided under Subsections (2)(e) and (f), voting members
             99      representing counties, combinations of counties if Subsection (2)(c) applies, or municipalities
             100      within the county shall be designated and appointed by a simple majority of the chief
             101      executives of the municipalities within the county or combinations of counties if Subsection
             102      (2)(c) applies.
             103          (ii) The appointments shall be made by joint written agreement of the appointing
             104      municipalities, with the consent and approval of the county legislative body of the county that
             105      has at least 1/11 of the district's apportionment basis.
             106          (k) Voting members representing a municipality or combination of municipalities shall
             107      be designated and appointed by the chief executive officer of the municipality or simple
             108      majority of chief executive officers of municipalities with the consent of the legislative body of
             109      the municipality or municipalities.
             110          (l) The appointment of [voting] members shall be made without regard to partisan
             111      political affiliation from among citizens in the community.
             112          (m) Each [voting] member shall be a bona fide resident of the municipality, county, or
             113      unincorporated area or areas which the [voting] member is to represent for at least six months


             114      before the date of appointment, and shall continue in that residency to remain qualified to serve
             115      as a [voting] member.
             116          (n) (i) All population figures used under this section shall be derived from the most
             117      recent official census or census estimate of the United States Bureau of the Census.
             118          (ii) If population estimates are not available from the United States Bureau of Census,
             119      population figures shall be derived from the estimate from the Utah Population Estimates
             120      Committee.
             121          (iii) All transit sales and use tax totals shall be obtained from the State Tax
             122      Commission.
             123          (o) (i) The board shall be apportioned as provided under this section in conjunction
             124      with the decennial United States Census Bureau report every 10 years.
             125          (ii) Within 120 days following the receipt of the population estimates under this
             126      Subsection (2)(o), the district shall reapportion representation on the board of trustees in
             127      accordance with this section.
             128          (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
             129      apportionment.
             130          (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
             131      each of its constituent entities as defined under Section 17B-1-701 .
             132          (v) The appointing entities gaining a new board member shall appoint a new member
             133      within 30 days following receipt of the resolution.
             134          (vi) The appointing entities losing a board member shall inform the board of which
             135      member currently serving on the board will step down:
             136          (A) upon appointment of a new member under Subsection (2)(o)(v); or
             137          (B) in accordance with Section 17B-2a-807.5 .
             138          (3) Upon the completion of an annexation to a public transit district under Chapter 1,
             139      Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
             140      same basis as if the area had been included in the district as originally organized.
             141          (4) In addition to the voting members appointed in accordance with Subsection (2), the


             142      board shall consist of three voting members appointed as follows:
             143          (a) one member appointed by the speaker of the House of Representatives;
             144          (b) one member appointed by the president of the Senate; and
             145          (c) one member appointed by the governor.
             146          (5) Except as provided in Section 17B-2a-807.5 , the terms of office of the [voting]
             147      members of the board shall be four years or until a successor is appointed, qualified, seated,
             148      and has taken the oath of office.
             149          (6) (a) Vacancies for [voting] members shall be filled by the official appointing the
             150      member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
             151      within 90 days.
             152          (b) If the appointing official under Subsection (1) does not fill the vacancy within 90
             153      days, the board of trustees of the authority shall fill the vacancy.
             154          (c) If the appointing official under Subsection (2) does not fill the vacancy within 90
             155      days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
             156          (7) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
             157      ordinances coming before the board of trustees.
             158          (b) A majority of all voting members of the board of trustees are a quorum for the
             159      transaction of business.
             160          (c) The affirmative vote of a majority of all voting members present at any meeting at
             161      which a quorum was initially present shall be necessary and, except as otherwise provided, is
             162      sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
             163          (8) Each public transit district shall pay to each [voting] member:
             164          (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
             165      $200 in any calendar month to any [voting] member; and
             166          (b) reasonable mileage and expenses necessarily incurred to attend board or committee
             167      meetings.
             168          (9) (a) Members of the initial board of trustees shall convene at the time and place
             169      fixed by the chief executive officer of the entity initiating the proceedings.


             170          (b) The board of trustees shall elect from its voting membership a chair, vice chair, and
             171      secretary.
             172          (c) The members elected under Subsection (9)(b) shall serve for a period of two years
             173      or until their successors shall be elected and qualified.
             174          (d) On or after January 1, 2011, a locally elected public official is not eligible to serve
             175      as the chair, vice chair, or secretary of the board of trustees.
             176          (10) Except as otherwise authorized under Subsection (2)(g) and Section
             177      17B-2a-807.5 , at the time of a [voting] member's appointment or during a [voting] member's
             178      tenure in office, a [voting] member may not hold any employment, except as an independent
             179      contractor or locally elected public official, with a county or municipality within the district.
             180          (11) The Transportation Commission created in Section 72-1-301 :
             181          (a) for a public transit district serving a population of 200,000 people or fewer, may
             182      appoint a commissioner of the Transportation Commission to serve on the board of trustees as
             183      a nonvoting, ex officio member; and
             184          (b) for a public transit district serving a population of more than 200,000 people, shall
             185      appoint a commissioner of the Transportation Commission to serve on the board of trustees as
             186      a voting member.
             187          (12) (a) The board of trustees of a public transit district serving a population of more
             188      than 200,000 people shall include a nonvoting member who represents all municipalities and
             189      unincorporated areas within the district that are located within a county that is not annexed into
             190      the public transit district.
             191          (b) The nonvoting member representing the combination of municipalities and
             192      unincorporated areas described in Subsection (12)(a) shall be designated and appointed by a
             193      weighted vote of the majority of the chief executive officers of the municipalities described in
             194      Subsection (12)(a).
             195          (c) Each municipality's vote under Subsection (12)(b) shall be weighted using the
             196      proportion of the public transit district population that resides within that municipality and the
             197      adjacent unincorporated areas within the same county.


             198          [(12)] (13) (a) (i) Each member of the board of trustees of a public transit district is
             199      subject to recall at any time by the legislative body of the county or municipality from which
             200      the member is appointed.
             201          (ii) Each recall of a board of trustees member shall be made in the same manner as the
             202      original appointment.
             203          (iii) The legislative body recalling a board of trustees member shall provide written
             204      notice to the member being recalled.
             205          (b) Upon providing written notice to the board of trustees, a member of the board may
             206      resign from the board of trustees.
             207          (c) Except as provided in Section 17B-2a-807.5 , if a board member is recalled or
             208      resigns under this Subsection [(12)] (13), the vacancy shall be filled as provided in Subsection
             209      (6).


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