Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 210 (2025GS)

Sponsor

Rep. Elison, Joseph

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines a term;
• makes technical changes;
• requires a member of the board of trustees of a degree-granting institution to be a Utah resident;
• amends the requirements for appointed members of the board of trustees for a degree-granting institution and technical college; and
• requires applicants to provide additional application information.

Every vote on this bill

Bill text

8
53B-2-104
63G-24-202
Higher Education Board of Trustees Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joseph Elison
LONG TITLE
General Description:
This bill modifies the requirements for appointment to the board of trustees of a 
degree-granting institution.
Highlighted Provisions:
This bill:
defines "service area";
requires a member of the board of trustees of a degree-granting institution to be a Utah 
resident;
amends the requirements for appointed members of the board of trustees; and
requires applicants to provide additional application information.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-2-104
, as last amended by Laws of Utah 2024, Chapter 529
63G-24-202
, as last amended by Laws of Utah 2024, Chapter 12
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53B-2-104
 is amended to read:
53B-2-104. Degree-granting institution board of trustees -- Membership -- 
Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- 
Compensation.
(1)
As used in this section
,
:
(a)
"board
Board
 of trustees" means the board of trustees for a degree-granting 
institution.
(b)
"Service area" means the geographic area, described in Section 
53B-2a-201
, where a 
degree-granting institution has primary responsibility for providing educational 
programs and services.
(2)
(a)
The board of trustees of a degree-granting institution consists of the following:
(i)
except as provided in Subsection 
(2)(c)
(2)(d)
, eight individuals 
who are residents 
of Utah, 
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)
Each appointed member of the board of trustees of a degree-granting institution shall 
meet one of the following qualifications:
(i)
the appointed member previously attended the institution the member represents;
(ii)
the appointed member currently resides within the institution's service area; or
(iii)
the appointed member:
(A)
did not previously attend the institution;
(B)
previously resided in the institution's service area for at least five years;
(C)
no longer resides in the institution's service area; and
(D)
on the day on which the appointed member submits the application to serve on 
the institution's board of trustees, has not, since last moving from the 
institution's service area, resided outside of the institution's service area for 
more than five years.
(b)
(c)
In making the appointments described in Subsections 
(2)(a)(i)
(2)(a)(i)
 and 
(2)(c)(i),
(2)(d)(i),
 the governor:
(i)
shall ensure that the membership of a board of trustees includes representation of 
interests of business, industry, and labor; and
(ii)
may not appoint an individual to more than two consecutive full terms.
(c)
(d)
(i)
The board of trustees of Utah State University has nine individuals
 who 
are residents of Utah,
 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
(2)(c)(i)
(2)(d)(i)
 shall 
reside in the Utah State University Eastern service region or the Utah State 
University Blanding service region.
(3)
(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 (3)(d), a member appointed under Subsection 
(2)(a)(i) or 
(2)(c)(i)
(2)(d)(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 (2)(a)(i) or 
(2)(c)(i)
(2)(d)(i)
 for cause.
(ii)
The governor shall consult with the president of the Senate before removing a 
member in accordance with Subsection (3)(d)(i).
(4)
When a vacancy occurs in the membership of a board of trustees for any reason, the 
governor shall, with the advice and consent of the Senate in accordance with Title 63G, 
Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term.
(5)
(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.
(6)
A board of trustees shall elect a chair and vice chair, who serve for two years and until 
their successors are elected and qualified.
(7)
(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.
(8)
A quorum is required to conduct business and consists of six members.
(9)
A board of trustees may establish advisory committees.
(10)
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
.
(11)
A board of trustees member shall comply with the conflict of interest provisions 
described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 2, Section 
63G-24-202
 is amended to read:
63G-24-202. Application.
(1)
The application period for an appointed board member shall last for a period of at least:
(a)
30 days for an open position due to an expiring term; or
(b)
14 days for an open position due to a vacancy occurring for a reason other than the 
expiration of a term.
(2)
An applicant shall use the application feature on the governor's website described in 
Subsection 
67-1-2.5
(4) to apply for a vacant appointed board member position unless 
the notice described in Section 
63G-24-201
 specifies a different application process.
(3)
The application feature described in Subsection (2) shall require the applicant to provide 
information including:
(a)
the applicant's name;
(b)
the applicant's current employment;
 and
(c)
the applicant's affiliation with public and private entities, including employment, in 
the five years on or before the day on which the applicant submits the application
.
; 
and
(d)
proof of meeting one of the qualifications described in Subsection 
53B-2-104(b)
.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-14-25 2:25 PM