There Is a Newer Version
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2020 Utah Code
Title 53B - State System of Higher Education
Chapter 2 - Institutions of Higher Education
Section 104 - Institution of higher education board of trustees -- Membership -- Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
Universal Citation:
UT Code § 53B-2-104 (2020)
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Effective 1/1/2021
53B-2-104. Institution of higher education board of trustees -- Membership -- Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
Amended by Chapter 352, 2020 General Session
Amended by Chapter 365, 2020 General Session
Amended by Chapter 373, 2020 General Session
53B-2-104. Institution of higher education board of trustees -- Membership -- Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
- (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 (1)(c), eight individuals appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies; 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.
- (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 Title 63G, Chapter 24, Part 2, Vacancies.
- (ii) One of the nine individuals described in Subsection (1)(c)(i) shall reside in the Utah State University Eastern service region or the Utah State University Blanding service region.
- (a) Except as provided in Subsection (10), the board of trustees of an institution of higher education consists of the following:
- (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) Except as provided in Subsection (2)(d), a member appointed under Subsection (1)(a)(i) or (1)(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 (1)(a)(i) or (1)(c)(i) for cause.
- (ii) The governor shall consult with the president of the Senate before removing a member appointed under Subsection (1)(a)(i) or (1)(c)(i).
- (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 trustees described in Section 53B-2a-108.
- (11) A board member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 352, 2020 General Session
Amended by Chapter 365, 2020 General Session
Amended by Chapter 373, 2020 General Session
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