1     
TRANSIT DISTRICT AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Chris H. Wilson

5     
House Sponsor: Michael J. Petersen

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the membership of a board of trustees of a small
10     public transit district.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires relevant political subdivisions to enact a governing ordinance related to a
14     small public transit district to establish methods for appointment and apportionment
15     of membership on the board of trustees of the small public transit district;
16          ▸     allows a small public transit district to have a board of trustees between five and
17     nine members; and
18          ▸     makes technical changes.
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 2018, Chapters 330, 424
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. Small public transit district board of trustees -- Appointment --
30     Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
31          (1) (a) For a small public transit district, the board of trustees shall consist of members
32     appointed by the legislative bodies of each municipality, county, or unincorporated area within
33     any county [on the basis of one member for each full unit of regularly scheduled passenger
34     routes proposed to be served by the district in each municipality or unincorporated area within
35     any county in the following calendar year].
36          [(b) For purposes of determining membership under Subsection (1)(a), the number of
37     service miles comprising a unit shall be determined jointly by the legislative bodies of the
38     municipalities or counties comprising the district.]
39          (b) The legislative bodies of each municipality, county, or unincorporated area within
40     any county shall establish a governing ordinance for the small public transit district, which
41     shall include:
42          (i) the method for apportioning representation on the board of trustees among the
43     relevant municipalities, counties, or unincorporated areas of any counties within the boundary
44     of the small public transit district;
45          (ii) subject to Subsection (1)(c), the number of members of the board of trustees;
46          (iii) the method for reapportionment of representation on the board of trustees based on
47     changes in the boundary of the small public transit district; and
48          (iv) other aspects of appointment and apportionment of membership of the board of
49     trustees as necessary.
50          (c) A board of trustees of a small public transit district may have membership of not
51     less than five and not more than nine members.
52          [(c)] (d) The board of trustees of a public transit district under this section may include
53     a member that is a commissioner on the Transportation Commission created in Section
54     72-1-301 and appointed as provided in Subsection (8), who shall serve as a nonvoting, ex
55     officio member.
56          [(d) Members appointed under this section shall be appointed and added to the board or
57     omitted from the board at the time scheduled routes are changed, or as municipalities, counties,
58     or unincorporated areas of counties annex to or withdraw from the district using the same
59     appointment procedures.]
60          [(e) For purposes of appointing members under this section, municipalities, counties,
61     and unincorporated areas of counties in which regularly scheduled passenger routes proposed
62     to be served by the district in the following calendar year is less than a full unit, as defined in
63     Subsection (1)(b), may combine with any other similarly situated municipality or
64     unincorporated area to form a whole unit and may appoint one member for each whole unit
65     formed.]
66          (2) Upon the completion of an annexation to a public transit district under Chapter 1,
67     Part 4, Annexation, [the annexed area shall have a representative on the board of trustees on the
68     same basis as if the area had been included in the district as originally organized] membership
69     on the board of trustees of the small public transit district shall reapportion membership as
70     described in the governing ordinance enacted pursuant to Subsection (1)(b).
71          (3) (a) Vacancies for members shall be filled by the official appointing the member
72     creating the vacancy for the unexpired term, unless the official fails to fill the vacancy within
73     90 days.
74          (b) If the appointing official under Subsection (1) does not fill the vacancy within 90
75     days, the board of trustees of the [authority] small public transit district shall fill the vacancy.
76          (4) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
77     ordinances coming before the board of trustees.
78          (b) A majority of all voting members of the board of trustees are a quorum for the
79     transaction of business.
80          (c) The affirmative vote of a majority of all voting members present at any meeting at
81     which a quorum was initially present shall be necessary and, except as otherwise provided, is
82     sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
83          (5) Each public transit district shall pay to each member per diem and travel expenses
84     for meetings actually attended, in accordance with Section 11-55-103.
85          (6) (a) Members of the initial board of trustees shall convene at the time and place
86     fixed by the chief executive officer of the entity initiating the proceedings.
87          (b) The board of trustees shall elect from its voting membership a chair, vice chair, and
88     secretary.
89          (c) The members elected under Subsection (6)(b) shall serve for a period of two years
90     or until their successors shall be elected and qualified.
91          (d) [On or after January 1, 2011, a] A locally elected public official is not eligible to
92     serve as the chair, vice chair, or secretary of the board of trustees.
93          (7) (a) Except as otherwise authorized under Subsection (7)(b), at the time of a
94     member's appointment or during a member's tenure in office, a member may not hold any
95     employment, except as an independent contractor or locally elected public official, with a
96     county or municipality within the district.
97          (b) A member appointed by a county or municipality may hold employment with the
98     county or municipality if the employment is disclosed in writing and the public transit district
99     board of trustees ratifies the appointment.
100          (8) The Transportation Commission created in Section 72-1-301 may appoint a
101     commissioner of the Transportation Commission to serve on the board of trustees of a small
102     public transit district as a nonvoting, ex officio member.
103          (9) (a) (i) Each member of the board of trustees of a public transit district is subject to
104     recall at any time by the legislative body of the county or municipality from which the member
105     is appointed.
106          (ii) Each recall of a board of trustees member shall be made in the same manner as the
107     original appointment.
108          (iii) The legislative body recalling a board of trustees member shall provide written
109     notice to the member being recalled.
110          (b) Upon providing written notice to the board of trustees, a member of the board may
111     resign from the board of trustees.
112          (c) If a board member is recalled or resigns under this Subsection (9), the vacancy shall
113     be filled as provided in Subsection (3).