53C-1-202.  Board of trustees membership — Nomination list — Qualifications — Terms — Replacement — Chair — Quorum.

(1)  There is established the School and Institutional Trust Lands Board of Trustees.

Terms Used In Utah Code 53C-1-202

  • Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
  • 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 of trustees: means the School and Institutional Trust Lands Board of Trustees. See Utah Code 53C-1-103
  • Nominating committee: means the committee that nominates candidates for positions and vacancies on the board. See Utah Code 53C-1-103
  • Quorum: The number of legislators that must be present to do business.
  • trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
(a) the state's public education system; or
(b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103
(2)  The board shall consist of seven members appointed on a nonpartisan basis by the governor with the advice and consent of the Senate and in accordance with 2.

(3) 

(a)  Except for the appointment made pursuant to Subsection (5), all appointments to the board shall be for a nonconsecutive term of six years, or until a replacement has been appointed and confirmed pursuant to this section.

(b)  If a vacancy occurs, the governor shall appoint a replacement, following the procedures set forth in Subsections (2), (4), (5), and (6), to fill the unexpired term.

(c)  Any member of the board who has served less than six years upon the expiration of that member’s term is eligible for a consecutive reappointment.

(4) 

(a)  The governor shall select six of the seven appointees to the board from a nomination list of at least two candidates for each position or vacancy submitted pursuant to Section 53C-1-203.

(b)  The governor may request an additional nomination list of at least two candidates from the nominating committee if the initial list of candidates for a given position is unacceptable.

(c) 

(i)  If the governor fails to select an appointee within 60 days after receipt of the initial list or within 60 days after the receipt of an additional list, the nominating committee shall make an interim appointment by majority vote.

(ii)  The interim appointee shall serve until the matter is resolved by the committee and the governor or until replaced pursuant to this chapter.

(5) 

(a)  The governor may appoint one member without requiring a nomination list.

(b)  The member appointed under Subsection (5)(a) serves at the pleasure of the governor.

(6) 

(a)  Each board candidate shall possess outstanding professional qualifications pertinent to the purposes and activities of the trust.

(b)  The board shall represent the following areas of expertise:

(i)  nonrenewable resource management or development;

(ii)  renewable resource management or development; and

(iii)  real estate.

(c)  Other qualifications which are pertinent for membership to the board are expertise in any of the following areas:

(i)  business;

(ii)  investment banking;

(iii)  finance;

(iv)  trust administration;

(v)  asset management; and

(vi)  the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i) through (v).

(7)  The board of trustees shall select a chair and vice chair from its membership.

(8)  Before assuming a position on the board, each member shall take an oath of office.

(9)  Four members of the board constitute a quorum for the transaction of business.

(10)  The governor or five board members may, for cause, remove a member of the board.

(11)  A member of the board shall comply with the conflict of interest provisions described in 3.

Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session

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