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2017 Utah Code
Title 53B - State System of Higher Education
Chapter 2 - Institutions of Higher Education
Section 104 - Memberships of board of trustees -- Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation -- Applicability to technical colleges.

Universal Citation: UT Code § 53B-2-104 (2017)
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Effective 7/1/2017
53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation -- Applicability to technical colleges.
  • (1)
    • (a) Except as provided in Subsection (10), the board of trustees of an institution of higher education consists of the following:
      • (i) except as provided in Subsection 53B-18-1201(3)(b), eight individuals appointed by the governor with the consent of the Senate; 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.
    • (b) The appointed members of the boards of trustees for Utah Valley University and Salt Lake Community College shall be representative of the interests of business, industry, and labor.
  • (2)
    • (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) An appointed member 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.
  • (3) When a vacancy occurs in the membership of a board of trustees for any reason, the replacement shall be appointed for the unexpired term.
  • (4)
    • (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.
  • (5) A board of trustees shall elect a chair and vice chair, who serve for two years and until their successors are elected and qualified.
  • (6)
    • (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.
    • (c) Copies of a board of trustees' bylaws shall be filed with the board.
  • (7) A quorum is required to conduct business and consists of six members.
  • (8) A board of trustees may establish advisory committees.
  • (9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
    • (a) Section 63A-3-106;
    • (b) Section 63A-3-107; and
    • (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
  • (10) This section does not apply to a technical college board of directors described in Section 53B-2a-108.


Amended by Chapter 382, 2017 General Session
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