-- Compensation -- Terms. (1) (a) A large public transit district shall have a transit commission. (b) For a large public transit district created as provided in this part on or before January 1, 2026, the structure and membership of the board of trustees may remain and serve as constituted as of January 1, 2026, until June 30, 2026. (c) Beginning on July 1, 2026, a large public transit district shall be governed by a transit commission as provided in this section. (d) A large public transit district shall provide severance pay and benefits through December 31, 2026, to each member of the board of trustees in place on June 30, 2026. (2) (a) A large public transit district shall be governed by a transit commission consisting of members appointed as follows: (i) two members appointed by the speaker of the House of Representatives, in consultation with public transit stakeholders from within the public transit district; (ii) two members appointed by the president of the Senate, in consultation with public transit stakeholders from within the public transit district; and (iii) three members appointed by the governor from nominations described in Subsection (2)(b). (b) (i) (A) The councils of governments of Davis County and Weber County shall each nominate to the governor one or more candidates for transit commissioner. (B) The Box Elder County legislative body and the chief executives of each municipality within the boundary of the large public transit district in Box Elder County, may jointly nominate one or more candidates for transit commissioner. (C) The governor shall appoint, with advice and consent of the Senate, one candidate nominated as described in Subsection (2)(b)(i)(A) or (2)(b)(i)(B). (ii) (A) The council of governments of Utah County shall nominate to the governor one or more candidates for transit commissioner. (B) The Tooele County legislative body and the chief executives of each municipality within the boundary of the large public transit district in Tooele County, may jointly nominate one or more candidates for transit commissioner. (C) The governor shall appoint, with advice and consent of the Senate, one candidate nominated as described in Subsection (2)(b)(ii)(A) or (2)(b)(ii)(B). (iii) (A) The council of governments of Salt Lake County shall nominate to the governor one or more candidates for transit commissioner. (B) The governor shall appoint, with advice and consent of the Senate, one candidate nominated as described in Subsection (2)(b)(iii)(A). (iv) The nominations described in Subsections (2)(b)(i) through (iii) shall be made to the governor: (A) for the initial terms beginning on July 1, 2026, on or before May 1, 2026; and (B) for nominations after the initial nominations described in Subsection (2)(b)(iv)(A), within 30 days after the day on which notice is given by the executive director to the nominating entity of an upcoming vacancy on the transit commission. (v) (A) If a nominating body described in this Subsection (2)(b) fails to nominate an individual on or before the deadlines described in Subsection (2)(b)(iv), the governor may, with advice and consent of the Senate, appoint the transit commissioner. (B) If the governor does not wish to appoint one or more candidates nominated as described in this Subsection (2)(b), the governor may request additional nominations. (c) Beginning on July 1, 2026, and until June 30, 2027, the executive director of the department shall serve as a nonvoting, ex officio member of the transit commission. (3) (a) Except as provided in Subsections (3)(b) and (3)(c), each transit commissioner of a large public transit district shall serve for a term of four years. (b) Each transit commissioner serves at the pleasure of the individual in the office that appointed the transit commissioner. (c) (i) A transit commissioner may serve an unlimited number of terms. (ii) For members of the transit commission whose appointments begin on July 1, 2026, the transit commissioners shall serve an initial term as follows: (A) the speaker of the House of Representatives shall designate one appointee as serving an initial term for three years, and one appointee as serving an initial term of four years; (B) the president of the Senate shall designate one appointee as serving an initial term for three years, and one appointee as serving an initial term of four years; and (C) the governor shall designate two appointees as serving an initial term for two years, and one appointee as serving an initial term of five years. (d) Each transit commissioner: (i) serves and represents the whole of the large public transit district; and (ii) does not represent a specific geographic portion of the large public transit district. (4) (a) If a vacancy occurs, the nomination and appointment procedures to replace the individual shall occur in the same manner described in Subsection (2) as for the transit commissioner creating the vacancy. (b) If a vacancy occurs on the transit commission of a large public transit district and the vacated seat is a transit commissioner nominated as described in Subsection (2)(b), the nominating body described in Subsection (2)(b) relevant for the vacancy shall nominate individuals for appointment by the governor as described in this section within 60 days after the date on which the vacancy occurs. (c) If the respective nominating body described in Subsection (2)(b) does not nominate to fill the vacancy within 60 days, the governor shall, with the advice and consent of the Senate, appoint an individual to fill the vacancy. (d) A replacement transit commissioner shall serve for the remainder of the unexpired term, but may serve an unlimited number of terms as provided in Subsection (3)(c)(i). (5) (a) The nominating and appointing individuals described in this section shall ensure that each individual nominated or appointed to the transit commission of a large public transit district has extensive experience in one or more of the following areas: (i) public transit and mobility; (ii) public finance and budgeting; (iii) community development and engagement; (iv) law, public policy, or public administration; or (v) business management. (b) An individual who holds an elected office is ineligible for nomination, appointment, or service on the transit commission. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and local travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (7) Any four members of the transit commission constitute a quorum. (8) (a) The governor shall designate one transit commissioner as chair. (b) The transit commission may select one member as vice chair to act in the chair's absence. (9) Each transit commissioner shall qualify by taking the constitutional oath of office. (10) Each transit commissioner is subject to the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. (11) For the purposes of Section 63J-1-504, the transit commission is not considered an agency.
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