17B-2a-810.1.  Attorney general as legal counsel for a large public transit district — Large public transit district may sue and be sued.

(1)  Subject to Subsection (2), in accordance with Title 67, Chapter 5, Attorney General, the Utah attorney general shall serve as legal counsel for a large public transit district.

Terms Used In Utah Code 17B-2a-810.1

  • Large public transit district: means a public transit district that provides public transit to an area that includes:
(a) more than 65% of the population of the state based on the most recent official census or census estimate of the United States Census Bureau; and
(b) two or more counties. See Utah Code 17B-2a-802
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
  • Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    • (2) 

    (a)  For any large public transit district in existence as of May 8, 2018, the transition to legal representation by the Utah attorney general shall occur as described in this Subsection (2), but no later than July 1, 2019.

    (b) 

    (i)  For any large public transit district in existence as of May 8, 2018, in partnership with the Utah attorney general, the board of trustees of the large public transit district shall study and develop a strategy to transition legal representation from a general counsel to the Utah attorney general.

    (ii)  In partnership with the Utah attorney general, the board of trustees of the large public transit district shall present a report to the Transportation Interim Committee before November 30, 2018, to:

    (A)  outline the transition strategy; and

    (B)  request any legislation that might be required for the transition.

    (3)  Sections 67-5-6 through 13, Attorney General Career Service Act, apply to representation of a large public transit district by the Utah attorney general.

    (4)  A large public transit district may sue, and it may be sued only on written contracts made by it or under its authority.

    (5)  In all matters requiring legal advice in the performance of the attorney general’s duties and in the prosecution or defense of any action growing out of the performance of the attorney general’s duties, the attorney general is the legal adviser of a large public transit district and shall perform any and all legal services required by the large public transit district.

    (6)  The attorney general shall aid in any investigation, hearing, or trial under the provisions of this part and institute and prosecute actions or proceedings for the enforcement of the provisions of the Constitution and statutes of this state or any rule or ordinance of the large public transit district affecting and related to public transit, persons, and property.

    Enacted by Chapter 424, 2018 General Session

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