Effective 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 10 residents of the state whom the governor appoints with the advice and consent of the Senate, in accordance with 2, and this section. |
Terms Used In Utah Code 53B-1-404 v2
- 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
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Oath: A promise to tell the truth.
- 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
| (2) |
| (a) |
For an appointment effective July 1, 2023, the governor shall appoint the member in accordance with Section 53B-1-501. |
| (b) |
Except for an individual whom the governor appoints as described in Section 53B-1-501, the term of each member of the Utah Board of Higher Education expires on July 1, 2023. |
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| (3) |
| (a) |
The governor shall make all appointments to the board on a nonpartisan basis. |
| (b) |
An individual may not serve simultaneously on the board and an institution board of trustees. |
| (c) |
The governor shall appoint at least one student member to the board. |
| (d) |
Notwithstanding Subsection (1), the governor’s appointment of a student member described in Subsection (3)(c) is not subject to the advice and consent of the Senate. |
| (e) |
The governor shall ensure that the membership of the board includes:
| (i) |
members with various experience, including in degree-granting institution governance, technical college governance, and representation from various industry sectors; and |
| (ii) |
at least one member who resides in:
| (A) |
a county of the third through sixth class; or |
| (B) |
a county of the second class with a national park and two or more state parks. |
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| (4) |
| (a) |
| (i) |
Except as provided in Subsection (6)(a)(ii) and Section 53B-1-501, the governor shall appoint board members to six-year staggered terms beginning on July 1 of the year of appointment. |
| (ii) |
The governor shall appoint the student member described in Subsection (3)(c) to a one-year term. |
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| (b) |
| (i) |
A board member other than the student member described in Subsection (3)(c) may serve up to two consecutive full terms. |
| (ii) |
The student member described in Subsection (3)(c) may not serve more than one full term. |
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| (5) |
The governor may, after consulting with the president of the Senate, remove a member for cause. |
| (6) |
| (a) |
A board member shall take the official oath of office before entering upon the duties of office. |
| (b) |
The board shall file the oath described in Subsection (6)(a) with the Division of Archives and Records Services. |
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| (7) |
The board shall elect a chair and vice chair from among the board’s members to serve terms of two years and until the board chooses and qualifies successors. |
| (8) |
| (a) |
The board shall appoint a secretary from the commissioner‘s staff to serve at the board’s discretion. |
| (b) |
The board’s 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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| (9) |
| (a) |
The board may establish advisory committees, including a faculty and staff advisory committee. |
| (b) |
The board shall address all matters requiring board determination in a properly convened meeting of the board or the board’s executive committee. |
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| (10) |
| (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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| (11) |
| (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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| (12) |
The board may not conduct the board’s business without the agreement of a majority of the board. |
| (13) |
| (a) |
The governor shall immediately fill a vacancy in the board occurring before the expiration of a member’s full term in accordance with this section. |
| (b) |
An individual whom the governor appoints under Subsection (13)(a) shall serve for the remainder of the unexpired term. |
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| (14) |
| (a) |
| (i) |
Subject to Subsection (14)(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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| (15) |
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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| (16) |
A board member shall comply with the conflict of interest provisions described in 3. |
Amended by Chapter 254, 2023 General Session
