| (1) |
As used in this section, “board of trustees” means the board of trustees for a degree-granting institution. |
Terms Used In Utah Code 53B-2-104
- 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-1-101.5
- degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5
- Ex officio: Literally, by virtue of one's office.
- 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.
- 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
| (2) |
| (a) |
The board of trustees of a degree-granting institution consists of the following:
| (i) |
except as provided in Subsection (2)(c), eight individuals appointed by the governor with the advice and consent of the Senate in accordance with 2; and |
| (ii) |
two ex officio members who are the president of the institution’s alumni association, and the president of the associated students of the institution. |
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| (b) |
In making the appointments described in Subsections (2)(a)(i) and (2)(c)(i), the governor:
| (i) |
shall ensure that the membership of a board of trustees includes representation of interests of business, industry, and labor; and |
| (ii) |
may not appoint an individual to more than two consecutive full terms. |
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| (c) |
| (i) |
The board of trustees of Utah State University has nine individuals appointed by the governor with the advice and consent of the Senate in accordance with 2. |
| (ii) |
One of the nine individuals described in Subsection (2)(c)(i) shall reside in the Utah State University Eastern service region or the Utah State University Blanding service region. |
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| (3) |
| (a) |
The governor shall appoint four members of each board of trustees during each odd-numbered year to four-year terms commencing on July 1 of the year of appointment. |
| (b) |
Except as provided in Subsection (3)(d), a member appointed under Subsection (2)(a)(i) or (2)(c)(i) holds office until a successor is appointed and qualified. |
| (c) |
The ex officio members serve for the same period as they serve as presidents and until their successors have qualified. |
| (d) |
| (i) |
The governor may remove a member appointed under Subsection (2)(a)(i) or (2)(c)(i) for cause. |
| (ii) |
The governor shall consult with the president of the Senate before removing a member in accordance with Subsection (3)(d)(i). |
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| (4) |
When a vacancy occurs in the membership of a board of trustees for any reason, the governor shall appoint a replacement for the unexpired term. |
| (5) |
| (a) |
Each member of a board of trustees shall take the official oath of office prior to assuming the office. |
| (b) |
The oath shall be filed with the Division of Archives and Records Services. |
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| (6) |
A board of trustees shall elect a chair and vice chair, who serve for two years and until their successors are elected and qualified. |
| (7) |
| (a) |
A board of trustees may enact bylaws for the board of trustees’ own government, including provisions for regular meetings. |
| (b) |
| (i) |
A board of trustees may provide for an executive committee in the board of trustees’ bylaws. |
| (ii) |
If established, an executive committee shall have full authority of the board of trustees to act upon routine matters during the interim between board of trustees meetings. |
| (iii) |
An executive committee may act on nonroutine matters only under extraordinary and emergency circumstances. |
| (iv) |
An executive committee shall report the executive committee’s activities to the board of trustees at the board of trustees’ next regular meeting following the action. |
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| (c) |
Copies of a board of trustees’ bylaws shall be filed with the board. |
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| (8) |
A quorum is required to conduct business and consists of six members. |
| (9) |
A board of trustees may establish advisory committees. |
| (10) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
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| (11) |
A board of trustees member shall comply with the conflict of interest provisions described in 3. |
Amended by Chapter 187, 2021 General Session
