2017 Utah Code
Title 53B - State System of Higher Education
Chapter 2a - Utah System of Technical Colleges
Section 103 - Utah System of Technical Colleges Board of Trustees -- Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.

Universal Citation: UT Code § 53B-2a-103 (2017)
Effective 7/1/2017
53B-2a-103. Utah System of Technical Colleges Board of Trustees -- Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.
  • (1) There is created the Utah System of Technical Colleges Board of Trustees.
  • (2) Except as provided in Subsections (3) and (4), the board of trustees is composed of the following members:
    • (a) one member, representing business and industry employers from each technical college board of directors, appointed by a majority vote of the business and industry employer members of the technical college board of directors;
    • (b) one member representing business and industry employers from the Snow College Economic Development and Workforce Preparation Advisory Committee appointed by a majority of the business and industry employer members of the advisory committee;
    • (c) one member representing business and industry employers from the Utah State University Eastern career and technical education advisory committee appointed by a majority of the business and industry employer members of the advisory committee;
    • (d) one member representing business and industry employers from the Salt Lake Community College School of Applied Technology Board of Directors appointed by a majority of the business and industry employer members of the board of directors;
    • (e) one business or industry employer representative appointed by the governor with the consent of the Senate from nominations submitted by the speaker of the House of Representatives and president of the Senate;
    • (f) one representative of union craft, trade, or apprenticeship programs that prepare workers for employment in career and technical education fields, appointed by the governor with the consent of the Senate;
    • (g) one representative of non-union craft, trade, or apprenticeship programs that prepare workers for employment in career and technical education fields, appointed by the governor with the consent of the Senate; and
    • (h) the executive director of the Governor's Office of Economic Development or the executive director's designee.
  • (3)
    • (a) Beginning on July 1, 2019, the board of trustees is composed of 15 members appointed by the governor with the consent of the Senate, as follows:
      • (i) one member selected from at least two nominees presented to the governor by the board of directors of each technical college, for a total of eight members; and
      • (ii) one member who is employed in and represents each of the following sectors:
        • (A) information technology;
        • (B) manufacturing;
        • (C) life sciences;
        • (D) health care;
        • (E) transportation;
        • (F) union craft, trade, or apprenticeship; and
        • (G) non-union craft, trade, or apprenticeship.
    • (b) The seven members described in Subsection (3)(a)(ii) shall be selected from the state at large, subject to the following conditions:
      • (i) at least four members shall reside in a geographic area served by a technical college; and
      • (ii) no more than two members may reside in a single geographic area served by a technical college.
    • (c) The governor shall make appointments to the board of trustees on a nonpartisan basis.
    • (d) An individual may not serve on the board of trustees and a technical college board of directors simultaneously.
  • (4)
    • (a) To transition from the composition of the board of trustees described in Subsection (2) to the composition described in Subsection (3), for a member who was appointed to the board of trustees on or before May 10, 2016, the governor shall appoint a replacement:
      • (i) when the member's current term expires, for a member who, on May 10, 2016, has served less than two consecutive full terms on the board of trustees; or
      • (ii) on May 10, 2016, for a member who, on May 10, 2016, has served two or more consecutive full terms on the board of trustees.
    • (b) In replacing a member who was appointed under Subsection (2)(a), the governor shall appoint a member for the technical college represented by the member whose term expires by:
      • (i) soliciting the technical college's board of directors to nominate at least two individuals for the position; and
      • (ii) selecting from the nominees presented.
    • (c) In replacing a member who was appointed under Subsections (2)(b) through (2)(h), the governor shall appoint a new member at large, ensuring representation from the sectors described in Subsection (3)(a)(ii).
    • (d) In making an appointment under this Subsection (4), the governor:
      • (i) shall appoint a member on a nonpartisan basis; and
      • (ii) may not reappoint the member who is being replaced if the member has served on the board of trustees for at least two consecutive full terms.
  • (5)
    • (a)
      • (i) Except as provided under Subsection (5)(a)(ii), a member shall be appointed commencing on July 1 of each odd-numbered year to a four-year term.
      • (ii) The governor shall ensure that member terms are staggered so that approximately one-half of the members' terms expire in any odd-numbered year.
    • (b) A member may not hold office for more than two consecutive full terms.
  • (6) When a vacancy occurs on the board of trustees for any reason, the governor shall appoint a replacement for the unexpired term.
  • (7)
    • (a) Each member 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.
  • (8)
    • (a) The board of trustees shall elect a chair and vice chair, who serve for two years and until their successors are elected and qualified.
    • (b) A member may not serve more than two consecutive terms as the chair or vice chair.
  • (9)
    • (a) The board of trustees shall enact bylaws for the board of trustees' own government, including provisions for regular meetings.
    • (b)
      • (i) The board of trustees shall provide for an executive committee in the board of trustees' bylaws.
      • (ii) The 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) The executive committee may act on nonroutine matters only under extraordinary and emergency circumstances.
      • (iv) The executive committee shall report the executive committee's activities to the board of trustees at the board of trustees' next regular meeting following the executive committee's activities.
  • (10) A quorum shall be required to conduct business which shall consist of a majority of board of trustee members.
  • (11) The board of trustees may establish advisory committees.
  • (12) 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.


Amended by Chapter 382, 2017 General Session
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