Superseded 7/1/2023)
Superseded 7/1/2023
53B-1-404. Membership of the board — Student appointee — Terms — Oath — Officers — Committees — Bylaws — Meetings — Quorum — Vacancies — Compensation — Training.
| (1) |
The board consists of 18 residents of the state appointed by the governor with the advice and consent of the Senate, in accordance with 2, as follows:
Terms Used In Utah Code 53B-1-404- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-401
- Commissioner: means the commissioner of higher education appointed in accordance with Section 53B-1-408. See Utah Code 53B-1-101.5
- degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Institution board of trustees: means :Utah Code 53B-1-101.5
- Nominating committee: means the committee described in Section 53B-1-406. See Utah Code 53B-1-401
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Oath: A promise to tell the truth.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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
- Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
| (a) |
subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among candidates presented to the governor by a nominating committee; and |
| (b) |
two student members appointed as described in Subsection (4). |
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| (2) |
| (a) |
For an appointment of a member effective July 1, 2020, the governor shall appoint the member in accordance with Section 53B-1-501. |
| (b) |
Unless appointed by the governor as described in Section 53B-1-501, the term of each individual who is a member of the State Board of Regents on May 12, 2020, expires on June 30, 2020. |
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| (3) |
If the governor is not satisfied with a sufficient number of the candidates presented by the nominating committee to make the required number of appointments, the governor may request that the committee nominate additional candidates. |
| (4) |
| (a) |
For the appointments described in Subsection (1)(b), the governor shall appoint:
| (i) |
one individual who is enrolled in a certificate program at a technical college at the time of the appointment; and |
| (ii) |
one individual who:
| (A) |
is a fully matriculated student enrolled in a degree-granting institution; and |
| (B) |
is not serving as a student body president at the time of the nomination. |
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| (b) |
The governor shall select:
| (i) |
an appointee described in Subsection (4)(a)(i) from among three nominees, presented to the governor by a committee consisting of eight students, one from each technical college, each of whom is recognized by the student’s technical college; and |
| (ii) |
an appointee described in Subsection (4)(a)(ii) from among three nominees presented to the governor by the student body presidents of degree-granting institutions. |
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| (c) |
An appointee described in Subsection (4)(a) is not subject to the public comment process described in Section 63G-24-204. |
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| (5) |
| (a) |
All appointments to the board shall be made on a nonpartisan basis. |
| (b) |
An individual may not serve simultaneously on the board and an institution board of trustees. |
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| (6) |
| (a) |
| (i) |
Except as provided in Subsection (6)(a)(ii) and Section 53B-1-501, members shall be appointed to six-year staggered terms, each of which begins on July 1 of the year of appointment. |
| (ii) |
A member described in Subsection (1)(b) shall be appointed to a one-year term. |
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| (b) |
| (i) |
A member described in Subsection (1)(a) may serve up to two consecutive full terms. |
| (ii) |
The governor may appoint a member described in Subsection (1)(a) to a second consecutive full term without a recommendation from the nominating committee. |
| (iii) |
A member described in Subsection (1)(b) may not serve more than one full term. |
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| (c) |
| (i) |
The governor may remove a member for cause. |
| (ii) |
The governor shall consult with the president of the Senate before removing a member. |
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| (7) |
| (a) |
A member shall take the official oath of office before entering upon the duties of office. |
| (b) |
The oath shall be filed with the Division of Archives and Records Services. |
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| (8) |
The board shall elect a chair and vice chair from among the board’s members who shall serve terms of two years and until their successors are chosen and qualified. |
| (9) |
| (a) |
The board shall appoint a secretary from the commissioner‘s staff to serve at the board’s discretion. |
| (b) |
The secretary is a full-time employee. |
| (c) |
The secretary shall record and maintain a record of all board meetings and perform other duties as the board directs. |
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| (10) |
| (a) |
The board may establish advisory committees. |
| (b) |
All matters requiring board determination shall be addressed in a properly convened meeting of the board or the board’s executive committee. |
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| (11) |
| (a) |
The board shall enact bylaws for the board’s own government not inconsistent with the constitution or the laws of this state. |
| (b) |
The board shall provide for an executive committee in the bylaws that:
| (i) |
has the full authority of the board to act upon routine matters during the interim between board meetings; |
| (ii) |
may not act on nonroutine matters except under extraordinary and emergency circumstances; and |
| (iii) |
shall report to the board at the board’s next meeting following an action undertaken by the executive committee. |
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| (12) |
| (a) |
The board shall meet regularly upon the board’s own determination. |
| (b) |
The board may also meet, in full or executive session, at the request of the chair, the commissioner, or at least five members of the board. |
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| (13) |
A quorum of the board is required to conduct the board’s business and consists of 10 members. |
| (14) |
| (a) |
A vacancy in the board occurring before the expiration of a member’s full term shall be immediately filled through the nomination process described in Section 53B-1-406 and in this section. |
| (b) |
An individual appointed under Subsection (14)(a) serves for the remainder of the unexpired term. |
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| (15) |
| (a) |
| (i) |
Subject to Subsection (15)(a)(ii), a member shall receive a daily salary for each calendar day that the member attends a board meeting that is the same as the daily salary for a member of the Legislature described in Section 36-2-3. |
| (ii) |
A member may receive a salary for up to 10 calendar days per calendar year. |
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| (b) |
A member may receive per diem and travel expenses in accordance with:
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| (16) |
The commissioner shall provide to each member:
| (a) |
initial training when the member joins the board; and |
| (b) |
ongoing annual training. |
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| (17) |
A board member shall comply with the conflict of interest provisions described in 3. |
Amended by Chapter 362, 2022 General Session
