Utah 2023 Regular Session

Utah House Bill HB0243 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 243
	1	+	H.B. 243
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Shewan 6
	4	+	6 01-19-23 2:45 PM 6
	5	+	H.B. 243
2	6		1 PUBLIC TRANSIT EMPLOYEE COLLECTI VE BARGAINING
3	7		2 AMENDMENTS
4	8		3 2023 GENERAL SESSION
5	9		4 STATE OF UTAH
6	10		5 Chief Sponsor: Jon Hawkins
7		-	6 Senate Sponsor: ~~Michael K. McKell~~
	11	+	6 Senate Sponsor: ____________
8	12		7
9	13		8LONG TITLE
10	14		9General Description:
11	15		10 This bill makes changes to provisions related to collective bargaining for employees of
12	16		11a public transit district.
13	17		12Highlighted Provisions:
14	18		13 This bill:
15	19		14 <excludes confidential employees, managerial employees, and supervisors of a public
16	20		15transit district from certain employee rights and benefits, including the right to:
17	21		16 Cself-organization;
18	22		17 Cform, join, or assist a labor organization; and
19	23		18 Cbargain collectively through representatives of their choosing;
20	24		19 <defines terms; and
21	25		20 <makes technical and conforming changes.
22	26		21Money Appropriated in this Bill:
23	27		22 None
24	28		23Other Special Clauses:
25		-	24 ~~None~~
	29	+	24 This bill provides a special effective date.
26	30		25Utah Code Sections Affected:
27	31		26AMENDS:
28	32		27 17B-2a-802, as last amended by Laws of Utah 2022, Chapters 69, 406
	33	+	HB0243 H.B. 243 01-19-23 2:45 PM
	34	+	- 2 -
29	35		28 17B-2a-813, as last amended by Laws of Utah 2013, Chapter 448
30		-	29 H.B. 243 Enrolled Copy
31		-	- 2 -
	36	+	29
32	37		30Be it enacted by the Legislature of the state of Utah:
33	38		31 Section 1. Section 17B-2a-802 is amended to read:
34	39		32 17B-2a-802. Definitions.
35	40		33 As used in this part:
36	41		34 (1) "Affordable housing" means housing occupied or reserved for occupancy by
37	42		35households that meet certain gross household income requirements based on the area median
38	43		36income for households of the same size.
39	44		37 (a) "Affordable housing" may include housing occupied or reserved for occupancy by
40	45		38households that meet specific area median income targets or ranges of area median income
41	46		39targets.
42	47		40 (b) "Affordable housing" does not include housing occupied or reserved for occupancy
43	48		41by households with gross household incomes that are more than 60% of the area median
44	49		42income for households of the same size.
45	50		43 (2) "Appointing entity" means the person, county, unincorporated area of a county, or
46	51		44municipality appointing a member to a public transit district board of trustees.
47	52		45 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
48	53		46small public transit district to serve as chief executive officer.
49	54		47 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
50	55		48defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
51	56		49responsibilities assigned to the general manager but prescribed by the board of trustees to be
52	57		50fulfilled by the chief executive officer.
53	58		51 (4) "Confidential employee" means a person who, in the regular course of the person's
54	59		52duties:
55	60		53 (a) assists in and acts in a confidential capacity in relation to other persons who
56	61		54formulate, determine, and effectuate management policies regarding labor relations; or
57	62		55 (b) has authorized access to information relating to effectuating or reviewing the
58	63		56employer's collective bargaining policies.
59		-	57 [(4)] (5) "Council of governments" means a decision-making body in each county Enrolled Copy H.B. 243
	64	+	57 [(4)] (5) "Council of governments" means a decision-making body in each county
	65	+	58composed of membership including the county governing body and the mayors of each 01-19-23 2:45 PM H.B. 243
60	66		- 3 -
61		-	58composed of membership including the county governing body and the mayors of each
62	67		59municipality in the county.
63	68		60 [(5)] (6) "Department" means the Department of Transportation created in Section
64	69		6172-1-201.
65	70		62 [(6)] (7) "Executive director" means a person appointed by the board of trustees of a
66	71		63large public transit district to serve as executive director.
67	72		64 [(7)] (8) "Fixed guideway" means the same as that term is defined in Section
68	73		6559-12-102.
69	74		66 [(8)] (9) "Fixed guideway capital development" means the same as that term is defined
70	75		67in Section 72-1-102.
71	76		68 [(9)] (10) (a) "General manager" means a person appointed by the board of trustees of a
72	77		69small public transit district to serve as general manager.
73	78		70 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
74	79		71Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public
75	80		72transit district.
76	81		73 [(10)] (11) "Large public transit district" means a public transit district that provides
77	82		74public transit to an area that includes:
78	83		75 (a) more than 65% of the population of the state based on the most recent official
79	84		76census or census estimate of the United States Census Bureau; and
80	85		77 (b) two or more counties.
81	86		78 [(11)] (12) (a) "Locally elected public official" means a person who holds an elected
82	87		79position with a county or municipality.
83	88		80 (b) "Locally elected public official" does not include a person who holds an elected
84	89		81position if the elected position is not with a county or municipality.
85	90		82 (13) "Managerial employee" means a person who is:
86	91		83 (a) engaged in executive and management functions; and
87	92		84 (b) charged with the responsibility of directing, overseeing, or implementing the
88		-	85effectuation of management policies and practices. H.B. 243 Enrolled Copy
89		-	- 4 -
	93	+	85effectuation of management policies and practices.
90	94		86 [(12)] (14) "Metropolitan planning organization" means the same as that term is
91	95		87defined in Section 72-1-208.5.
92	96		88 [(13)] (15) "Multicounty district" means a public transit district located in more than
93		-	89one county.
	97	+	89one county. H.B. 243 01-19-23 2:45 PM
	98	+	- 4 -
94	99		90 [(14)] (16) "Operator" means a public entity or other person engaged in the
95	100		91transportation of passengers for hire.
96	101		92 [(15)] (17) (a) "Public transit" means regular, continuing, shared-ride, surface
97	102		93transportation services that are open to the general public or open to a segment of the general
98	103		94public defined by age, disability, or low income.
99	104		95 (b) "Public transit" does not include transportation services provided by:
100	105		96 (i) chartered bus;
101	106		97 (ii) sightseeing bus;
102	107		98 (iii) taxi;
103	108		99 (iv) school bus service;
104	109		100 (v) courtesy shuttle service for patrons of one or more specific establishments; or
105	110		101 (vi) intra-terminal or intra-facility shuttle services.
106	111		102 [(16)] (18) "Public transit district" means a local district that provides public transit
107	112		103services.
108	113		104 [(17)] (19) "Small public transit district" means any public transit district that is not a
109	114		105large public transit district.
110	115		106 [(18)] (20) "Station area plan" means a plan developed and adopted by a municipality
111	116		107in accordance with Section 10-9a-403.1.
112	117		108 (21) (a) "Supervisor" means a person who has authority, in the interest of the employer,
113	118		109to:
114	119		110 (i) hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or
115	120		111discipline other employees; or
116	121		112 (ii) adjust another employee's grievance or recommend action to adjust another
117		-	113employee's grievance. Enrolled Copy H.B. 243
118		-	- 5 -
	122	+	113employee's grievance.
119	123		114 (b) "Supervisor" does not include a person whose exercise of the authority described in
120	124		115Subsection (21)(a):
121	125		116 (i) is of a merely routine or clerical nature; and
122	126		117 (ii) does not require the person to use independent judgment.
123	127		118 [(19)] (22) "Transit facility" means a transit vehicle, transit station, depot, passenger
124	128		119loading or unloading zone, parking lot, or other facility:
125		-	120 (a) leased by or operated by or on behalf of a public transit district; and
	129	+	120 (a) leased by or operated by or on behalf of a public transit district; and 01-19-23 2:45 PM H.B. 243
	130	+	- 5 -
126	131		121 (b) related to the public transit services provided by the district, including:
127	132		122 (i) railway or other right-of-way;
128	133		123 (ii) railway line; and
129	134		124 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
130	135		125a transit vehicle.
131	136		126 [(20)] (23) "Transit vehicle" means a passenger bus, coach, railcar, van, or other
132	137		127vehicle operated as public transportation by a public transit district.
133	138		128 [(21)] (24) "Transit-oriented development" means a mixed use residential or
134	139		129commercial area that is designed to maximize access to public transit and includes the
135	140		130development of land owned by a large public transit district.
136	141		131 [(22)] (25) "Transit-supportive development" means a mixed use residential or
137	142		132commercial area that is designed to maximize access to public transit and does not include the
138	143		133development of land owned by a large public transit district.
139	144		134 Section 2. Section 17B-2a-813 is amended to read:
140	145		135 17B-2a-813. Rights, benefits, and protective conditions for employees of a public
141	146		136transit district -- Strike prohibited -- Employees of an acquired transit system.
142	147		137 (1) As used in this section:
143	148		138 (a) (i) "Employee" means an individual employed by an employer.
144	149		139 (ii) "Employee" does not include a person employed as a supervisor, managerial
145	150		140employee, or confidential employee.
146		-	141 (b) "Employer" means a person that employs an employee. H.B. 243 Enrolled Copy
147		-	- 6 -
	151	+	141 (b) "Employer" means a person that employs an employee.
148	152		142 (2) The rights, benefits, and other employee protective conditions and remedies of
149	153		143Section 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. Sec. 5333(b), as
150	154		144determined by the Secretary of Labor, apply to a public transit district's establishment and
151	155		145operation of a public transit service or system.
152	156		146 [(2)] (3) (a) Employees of a public transit system established and operated by a public
153	157		147transit district have the right to:
154	158		148 (i) self-organization;
155	159		149 (ii) form, join, or assist labor organizations; and
156	160		150 (iii) bargain collectively through representatives of their own choosing.
157		-	151 (b) Employees of a public transit district and labor organizations may not join in a
	161	+	151 (b) Employees of a public transit district and labor organizations may not join in a H.B. 243 01-19-23 2:45 PM
	162	+	- 6 -
158	163		152strike against the public transit system operated by the public transit district.
159	164		153 (c) Each public transit district shall:
160	165		154 (i) recognize and bargain exclusively with any labor organization representing a
161	166		155majority of the district's employees in an appropriate unit with respect to wages, salaries, hours,
162	167		156working conditions, and welfare, pension, and retirement provisions; and
163	168		157 (ii) upon reaching agreement with the labor organization, enter into and execute a
164	169		158written contract incorporating the agreement.
165	170		159 [(3)] (4) If a public transit district acquires an existing public transit system:
166	171		160 (a) all employees of the acquired system who are necessary for the operation of the
167	172		161acquired system, except executive and administrative officers and employees, shall be:
168	173		162 (i) transferred to and appointed employees of the acquiring public transit district; and
169	174		163 (ii) given sick leave, seniority, vacation, and pension or retirement credits in
170	175		164accordance with the acquired system's records;
171	176		165 (b) members and beneficiaries of a pension or retirement plan or other program of
172	177		166benefits that the acquired system has established shall continue to have rights, privileges,
173	178		167benefits, obligations, and status with respect to that established plan or program; and
174	179		168 (c) the public transit district may establish, amend, or modify, by agreement with
175		-	169employees or their authorized representatives, the terms, conditions, and provisions of a Enrolled Copy H.B. 243
176		-	- 7 -
	180	+	169employees or their authorized representatives, the terms, conditions, and provisions of a
177	181		170pension or retirement plan or of an amendment or modification of a pension or retirement plan.
178	182		171 [(4)] (5) A pension administrator for a retirement plan sponsored by a public transit
179	183		172district or a person designated by the administrator shall maintain retirement records in
180	184		173accordance with Subsection 49-11-618(2).
	185	+	174 Section 3. Effective date.
	186	+	175 If approved by two-thirds of all the members elected to each house, this bill takes effect
	187	+	176upon approval by the governor, or the day following the constitutional time limit of Utah
	188	+	177Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
	189	+	178the date of veto override.