1 | 1 | | H.B. 474 |
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2 | 2 | | LEGISLATIVE GENERAL COUNSEL |
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3 | 3 | | 6 Approved for Filing: B. Hess 6 |
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4 | 4 | | 6 02-14-23 4:30 PM 6 |
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5 | 5 | | H.B. 474 |
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6 | 6 | | 1 PARATRANSIT SERVICES AMENDMENTS |
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7 | 7 | | 2 2023 GENERAL SESSION |
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8 | 8 | | 3 STATE OF UTAH |
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9 | 9 | | 4 Chief Sponsor: Ryan D. Wilcox |
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10 | 10 | | 5 Senate Sponsor: ____________ |
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11 | 11 | | 6 |
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12 | 12 | | 7LONG TITLE |
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13 | 13 | | 8General Description: |
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14 | 14 | | 9 This bill requires a public transit district to provide alternative services if the public |
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15 | 15 | | 10transit district discontinues paratransit services. |
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16 | 16 | | 11Highlighted Provisions: |
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17 | 17 | | 12 This bill: |
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18 | 18 | | 13 <defines terms; |
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19 | 19 | | 14 <requires a public transit district to provide alternative services if the public transit |
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20 | 20 | | 15district discontinues paratransit services; and |
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21 | 21 | | 16 <makes technical changes. |
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22 | 22 | | 17Money Appropriated in this Bill: |
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23 | 23 | | 18 None |
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24 | 24 | | 19Other Special Clauses: |
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25 | 25 | | 20 None |
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26 | 26 | | 21Utah Code Sections Affected: |
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27 | 27 | | 22AMENDS: |
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28 | 28 | | 23 17B-2a-802, as last amended by Laws of Utah 2022, Chapters 69, 406 |
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29 | 29 | | 24 17B-2a-823, as last amended by Laws of Utah 2019, Chapter 136 |
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30 | 30 | | 25 |
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31 | 31 | | 26Be it enacted by the Legislature of the state of Utah: |
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32 | 32 | | 27 Section 1. Section 17B-2a-802 is amended to read: |
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33 | 33 | | *HB0474* H.B. 474 02-14-23 4:30 PM |
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34 | 34 | | - 2 - |
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35 | 35 | | 28 17B-2a-802. Definitions. |
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36 | 36 | | 29 As used in this part: |
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37 | 37 | | 30 (1) "Affordable housing" means housing occupied or reserved for occupancy by |
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38 | 38 | | 31households that meet certain gross household income requirements based on the area median |
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39 | 39 | | 32income for households of the same size. |
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40 | 40 | | 33 (a) "Affordable housing" may include housing occupied or reserved for occupancy by |
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41 | 41 | | 34households that meet specific area median income targets or ranges of area median income |
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42 | 42 | | 35targets. |
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43 | 43 | | 36 (b) "Affordable housing" does not include housing occupied or reserved for occupancy |
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44 | 44 | | 37by households with gross household incomes that are more than 60% of the area median |
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45 | 45 | | 38income for households of the same size. |
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46 | 46 | | 39 (2) "Appointing entity" means the person, county, unincorporated area of a county, or |
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47 | 47 | | 40municipality appointing a member to a public transit district board of trustees. |
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48 | 48 | | 41 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a |
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49 | 49 | | 42small public transit district to serve as chief executive officer. |
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50 | 50 | | 43 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities |
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51 | 51 | | 44defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and |
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52 | 52 | | 45responsibilities assigned to the general manager but prescribed by the board of trustees to be |
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53 | 53 | | 46fulfilled by the chief executive officer. |
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54 | 54 | | 47 (4) "Council of governments" means a decision-making body in each county composed |
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55 | 55 | | 48of membership including the county governing body and the mayors of each municipality in the |
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56 | 56 | | 49county. |
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57 | 57 | | 50 (5) "Department" means the Department of Transportation created in Section 72-1-201. |
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58 | 58 | | 51 (6) "Executive director" means a person appointed by the board of trustees of a large |
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59 | 59 | | 52public transit district to serve as executive director. |
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60 | 60 | | 53 (7) "Fixed guideway" means the same as that term is defined in Section 59-12-102. |
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61 | 61 | | 54 (8) "Fixed guideway capital development" means the same as that term is defined in |
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62 | 62 | | 55Section 72-1-102. |
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63 | 63 | | 56 (9) "Fixed route service" means a transportation service where a public transit vehicle |
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64 | 64 | | 57travels along a predetermined route and stops at predetermined locations to pick up individuals |
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65 | 65 | | 58seeking public transportation to be taken to the individual's desired destination along the 02-14-23 4:30 PM H.B. 474 |
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66 | 66 | | - 3 - |
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67 | 67 | | 59predetermined route. |
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68 | 68 | | 60 [(9)] (10) (a) "General manager" means a person appointed by the board of trustees of a |
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69 | 69 | | 61small public transit district to serve as general manager. |
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70 | 70 | | 62 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in |
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71 | 71 | | 63Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public |
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72 | 72 | | 64transit district. |
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73 | 73 | | 65 [(10)] (11) "Large public transit district" means a public transit district that provides |
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74 | 74 | | 66public transit to an area that includes: |
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75 | 75 | | 67 (a) more than 65% of the population of the state based on the most recent official |
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76 | 76 | | 68census or census estimate of the United States Census Bureau; and |
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77 | 77 | | 69 (b) two or more counties. |
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78 | 78 | | 70 [(11)] (12) (a) "Locally elected public official" means a person who holds an elected |
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79 | 79 | | 71position with a county or municipality. |
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80 | 80 | | 72 (b) "Locally elected public official" does not include a person who holds an elected |
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81 | 81 | | 73position if the elected position is not with a county or municipality. |
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82 | 82 | | 74 [(12)] (13) "Metropolitan planning organization" means the same as that term is |
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83 | 83 | | 75defined in Section 72-1-208.5. |
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84 | 84 | | 76 [(13)] (14) "Multicounty district" means a public transit district located in more than |
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85 | 85 | | 77one county. |
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86 | 86 | | 78 [(14)] (15) "Operator" means a public entity or other person engaged in the |
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87 | 87 | | 79transportation of passengers for hire. |
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88 | 88 | | 80 (16) "Paratransit service" means a transportation service provided to an individual with |
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89 | 89 | | 81physical, cognitive, or visual disabilities who is functionally unable to independently use a |
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90 | 90 | | 82public transit district's fixed route services either permanently or temporarily. |
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91 | 91 | | 83 [(15)] (17) (a) "Public transit" means regular, continuing, shared-ride, surface |
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92 | 92 | | 84transportation services that are open to the general public or open to a segment of the general |
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93 | 93 | | 85public defined by age, disability, or low income. |
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94 | 94 | | 86 (b) "Public transit" does not include transportation services provided by: |
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95 | 95 | | 87 (i) chartered bus; |
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96 | 96 | | 88 (ii) sightseeing bus; |
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97 | 97 | | 89 (iii) taxi; H.B. 474 02-14-23 4:30 PM |
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98 | 98 | | - 4 - |
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99 | 99 | | 90 (iv) school bus service; |
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100 | 100 | | 91 (v) courtesy shuttle service for patrons of one or more specific establishments; or |
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101 | 101 | | 92 (vi) intra-terminal or intra-facility shuttle services. |
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102 | 102 | | 93 [(16)] (18) "Public transit district" means a local district that provides public transit |
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103 | 103 | | 94services. |
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104 | 104 | | 95 [(17)] (19) "Small public transit district" means any public transit district that is not a |
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105 | 105 | | 96large public transit district. |
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106 | 106 | | 97 [(18)] (20) "Station area plan" means a plan developed and adopted by a municipality |
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107 | 107 | | 98in accordance with Section 10-9a-403.1. |
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108 | 108 | | 99 [(19)] (21) "Transit facility" means a transit vehicle, transit station, depot, passenger |
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109 | 109 | | 100loading or unloading zone, parking lot, or other facility: |
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110 | 110 | | 101 (a) leased by or operated by or on behalf of a public transit district; and |
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111 | 111 | | 102 (b) related to the public transit services provided by the district, including: |
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112 | 112 | | 103 (i) railway or other right-of-way; |
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113 | 113 | | 104 (ii) railway line; and |
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114 | 114 | | 105 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by |
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115 | 115 | | 106a transit vehicle. |
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116 | 116 | | 107 [(20)] (22) "Transit vehicle" means a passenger bus, coach, railcar, van, or other |
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117 | 117 | | 108vehicle operated as public transportation by a public transit district. |
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118 | 118 | | 109 [(21)] (23) "Transit-oriented development" means a mixed use residential or |
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119 | 119 | | 110commercial area that is designed to maximize access to public transit and includes the |
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120 | 120 | | 111development of land owned by a large public transit district. |
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121 | 121 | | 112 [(22)] (24) "Transit-supportive development" means a mixed use residential or |
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122 | 122 | | 113commercial area that is designed to maximize access to public transit and does not include the |
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123 | 123 | | 114development of land owned by a large public transit district. |
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124 | 124 | | 115 Section 2. Section 17B-2a-823 is amended to read: |
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125 | 125 | | 116 17B-2a-823. Public transit district special services. |
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126 | 126 | | 117 (1) As used in this section, "bureau" means a recreational, tourist, or convention bureau |
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127 | 127 | | 118under Title 17, Chapter 31, Recreational, Tourist, and Convention Bureaus. |
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128 | 128 | | 119 (2) (a) A public transit district may lease its buses to private certified public carriers or |
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129 | 129 | | 120operate transit services requested by a public entity if a bureau certifies that privately owned 02-14-23 4:30 PM H.B. 474 |
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130 | 130 | | - 5 - |
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131 | 131 | | 121carriers furnishing like services or operating like equipment within the area served by the |
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132 | 132 | | 122bureau: |
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133 | 133 | | 123 (i) have declined to provide the service; or |
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134 | 134 | | 124 (ii) do not have the equipment necessary to provide the service. |
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135 | 135 | | 125 (b) A public transit district may lease its buses or operate services as authorized under |
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136 | 136 | | 126Subsection (2)(a) outside of the area served by the district. |
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137 | 137 | | 127 (3) If part or all of the transportation services are paid for by public funds, a public |
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138 | 138 | | 128transit district may: |
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139 | 139 | | 129 (a) provide school bus services for transportation of pupils and supervisory personnel |
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140 | 140 | | 130between homes and school and other related school activities within the area served by the |
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141 | 141 | | 131district; or |
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142 | 142 | | 132 (b) provide the transportation of passengers covered by a program within the district |
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143 | 143 | | 133for people who are elderly or who have a disability. |
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144 | 144 | | 134 (4) (a) If a public transit district provides paratransit services described in Subsection |
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145 | 145 | | 135(3) to an individual with a disability, and the public transit district discontinues the fixed route |
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146 | 146 | | 136service for which the individual's paratransit service is dependent, the public transit district |
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147 | 147 | | 137shall either: |
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148 | 148 | | 138 (i) continue to provide the individual the same paratransit services; or |
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149 | 149 | | 139 (ii) provide the individual an alternative form of transportation for the individual. |
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150 | 150 | | 140 (b) The alternative form of transportation described in Subsection (4)(a)(i), as |
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151 | 151 | | 141compared to the paratransit service, shall: |
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152 | 152 | | 142 (i) provide the individual with a form of transportation that: |
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153 | 153 | | 143 (A) is similar in mode of transit; and |
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154 | 154 | | 144 (B) the individual is physically and cognitively able to use; |
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155 | 155 | | 145 (ii) provide the individual the same: |
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156 | 156 | | 146 (A) origin to destination services; and |
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157 | 157 | | 147 (B) door to curb services; and |
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158 | 158 | | 148 (iii) have equal or lesser cost to the individual. |
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159 | 159 | | 149 [(4)] (5) Notwithstanding the provisions in Subsection (3), a municipality or county is |
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160 | 160 | | 150not prohibited from providing the transportation services identified in Subsection (3). |
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