Membership of the board -- Student appointee -- Terms -- Oath -- Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation -- Training.
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(1) The board consists of 18 residents of the state appointed by the governor with the advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, as follows:
(a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among candidates presented to the governor by a nominating committee; and
(b) two student members appointed as described in Subsection (4).
(2)
(a) For an appointment of a member effective July 1, 2020, the governor shall appoint the member in accordance with Section 53B-1-501.
(b) Unless appointed by the governor as described in Section 53B-1-501, the term of each individual who is a member of the State Board of Regents on May 12, 2020, expires on June 30, 2020.
(3) If the governor is not satisfied with a sufficient number of the candidates presented by the nominating committee to make the required number of appointments, the governor may request that the committee nominate additional candidates.
(4)
(a) For the appointments described in Subsection (1)(b), the governor shall appoint:
(i) one individual who is enrolled in a certificate program at a technical college at the time of the appointment; and
(ii) one individual who:
(A) is a fully matriculated student enrolled in a degree-granting institution; and
(B) is not serving as a student body president at the time of the nomination.
(b) The governor shall select:
(i) an appointee described in Subsection (4)(a)(i) from among three nominees, presented to the governor by a committee consisting of eight students, one from each technical college, each of whom is recognized by the student's technical college; and
(ii) an appointee described in Subsection (4)(a)(ii) from among three nominees presented to the governor by the student body presidents of degree-granting institutions.
(c) An appointee described in Subsection (4)(a) is not subject to the public comment process described in Section 63G-24-204.
(5)
(a) All appointments to the board shall be made on a nonpartisan basis.
(b) An individual may not serve simultaneously on the board and an institution board of trustees.
(6)
(a)
(i) Except as provided in Subsection (6)(a)(ii) and Section 53B-1-501, members shall be appointed to six-year staggered terms, each of which begins on July 1 of the year of appointment.
(ii) A member described in Subsection (1)(b) shall be appointed to a one-year term.
(b)
(i) A member described in Subsection (1)(a) may serve up to two consecutive full terms.
(ii) The governor may appoint a member described in Subsection (1)(a) to a second consecutive full term without a recommendation from the nominating committee.
(iii) A member described in Subsection (1)(b) may not serve more than one full term.
(c)
(i) The governor may remove a member for cause.
(ii) The governor shall consult with the president of the Senate before removing a member.
(7)
(a) A member shall take the official oath of office before entering upon the duties of office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(8) The board shall elect a chair and vice chair from among the board's members who shall serve terms of two years and until their successors are chosen and qualified.
(9)
(a) The board shall appoint a secretary from the commissioner's staff to serve at the board's discretion.
(b) The secretary is a full-time employee.
(c) The secretary shall record and maintain a record of all board meetings and perform other duties as the board directs.
(10)
(a) The board may establish advisory committees in addition to the advisory council described in Section 53B-1-407.
(b) All matters requiring board determination shall be addressed in a properly convened meeting of the board or the board's executive committee.
(11)
(a) The board shall enact bylaws for the board's own government not inconsistent with the constitution or the laws of this state.
(b) The board shall provide for an executive committee in the bylaws that:
(i) has the full authority of the board to act upon routine matters during the interim between board meetings;
(ii) may not act on nonroutine matters except under extraordinary and emergency circumstances; and
(iii) shall report to the board at the board's next meeting following an action undertaken by the executive committee.
(12)
(a) The board shall meet regularly upon the board's own determination.
(b) The board may also meet, in full or executive session, at the request of the chair, the commissioner, or at least five members of the board.
(13) A quorum of the board is required to conduct the board's business and consists of 10 members.
(14)
(a) A vacancy in the board occurring before the expiration of a member's full term shall be immediately filled through the nomination process described in Section 53B-1-406 and in this section.
(b) An individual appointed under Subsection (14)(a) serves for the remainder of the unexpired term.
(15)
(a)
(i) Subject to Subsection (15)(a)(ii), a member shall receive a daily salary for each calendar day that the member attends a board meeting that is the same as the daily salary for a member of the Legislature described in Section 36-2-3.
(ii) A member may receive a salary for up to 10 calendar days per calendar year.
(b) A member may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(16) The commissioner shall provide to each member:
(a) initial training when the member joins the board; and
(b) ongoing annual training.
(17) A board member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.