Utah Code 53D-2-203. Land Trusts Protection and Advocacy Office director — Appointment — Removal

53D-2-203. Land Trusts Protection and Advocacy Office director — Appointment — Removal — Power and duties.

(1)

Terms Used In Utah Code 53D-2-203

Advocacy committee: means the Land Trusts Protection and Advocacy Committee, created in Section 53D-2-202. See Utah Code 53D-2-102
Advocacy director: means the director of the advocacy office, appointed as described in Section 53D-2-203. See Utah Code 53D-2-102
Advocacy office: means the Land Trusts Protection and Advocacy Office, created in Section 53D-2-201. See Utah Code 53D-2-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Person: means :Utah Code 68-3-12.5
Quorum: The number of legislators that must be present to do business.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
trust: includes :

(a)	school and institutional trust lands, as defined in Section 53C-1-103, and related assets; and

(b)

funds and investments of school and institutional trust land revenue, as described in Title 53D, Chapter 1, School and Institutional Trust Fund Management Act. See Utah Code 53D-2-102

Trust beneficiaries: means those for whose benefit the school and institutional trust is managed and preserved, as required by:

(a)	the Utah Enabling Act;

(b)	the Utah Constitution; and

(c)

state law. See Utah Code 53D-2-102

Trustee: A person or institution holding and administering property in trust.

(a)

The advocacy committee shall:

(i)	discuss candidates who may qualify for appointment as the advocacy director, as described in Subsection (1)(b);

(ii)	determine the two most qualified candidates; and

(iii)

submit the names of those two candidates to the state treasurer as potential appointees for the advocacy director.

(b)

A potential appointee for advocacy director shall have significant expertise and qualifications relating to generating revenue to the school and institutional trust and the duties of the advocacy office and the advocacy director, which may include expertise in:

(i)

business;

(ii)

finance;

(iii)

economics;

(iv)	natural resources; or

(v)

advocacy.

(c)	From the individuals described in Subsection (1)(a), the state treasurer shall appoint one as the advocacy director.

(2)

(a)	An advocacy director shall serve a four-year term.

(b)	If a vacancy occurs in the advocacy director’s position, the advocacy committee and state treasurer shall, in accordance with Subsection (1), appoint a replacement director for a four-year term.

(3)

The advocacy committee may remove the advocacy director during a meeting that is not closed as described in Section 52-4-204, if:

(a)	removal of the advocacy director is scheduled on the agenda for the meeting; and

(b)	a majority of a committee quorum votes to remove the advocacy director.

(4)	In accordance with state and federal law, the advocacy director may attend a presentation, discussion, meeting, or other gathering related to the school and institutional trust.

(5)

In order to fulfill the duties of the advocacy office described in Section 53D-2-201, the advocacy director shall:

(a)	maintain a direct relationship with each individual who is key to fulfilling the state’s trustee obligations and duties related to the trust;

(b)	facilitate open communication among key individuals described in Subsection (5)(a);

(c)	actively seek necessary and accurate information;

(d)

review and, if necessary, recommend the state auditor audit, activities involved in:

(i)	generating trust revenue;

(ii)	protecting trust assets; or

(iii)

distributing funds for the exclusive use of trust beneficiaries;

(e)	promote accurate record keeping of all records relevant to the trust and distribution to trust beneficiaries;

(f)	report at least quarterly to the advocacy committee and the state treasurer on the current activities of the advocacy office;

(g)	annually submit a proposed advocacy office budget to the state treasurer;

(h)

regarding the trust’s compliance with law, and among the School and Institutional Trust Lands System as a whole, report annually to:

(i)	the advocacy committee;

(ii)	the state treasurer;

(iii)

the State Board of Education; and

(iv)	the Executive Appropriations Committee;

(i)

annually send a financial report regarding the relevant individual trust, and, upon request, report in person to:

(i)	Utah State University, on behalf of the agricultural college trust;

(ii)	the University of Utah;

(iii)

the Utah State Hospital, on behalf of the mental hospital trust;

(iv)	the Utah Schools for the Deaf and the Blind, on behalf of the institution for the blind trust and the deaf and dumb asylum trust;

(v)	the youth in custody program at the State Board of Education, on behalf of the reform school trust;

(vi)	the Division of Water Resources, created in Section 73-10-18, on behalf of the reservoir trust;

(vii)

the College of Mines and Earth Sciences created in Section 53B-17-401;

(viii)

each state teachers’ college, based on the college’s annual number of teacher graduates, on behalf of the normal school trust;

(ix)	the Miners’ Hospital described in Section 53B-17-201; and

(x)	the State Capitol Preservation Board, created in Section 63C-9-201, on behalf of the public buildings trust;

(j)	as requested by the state treasurer, draft proposed rules and submit the proposed rules to the advocacy committee for review;

(k)	in accordance with state and federal law, respond to external requests for information about the School and Institutional Trust Lands System;

(l)

in accordance with state and federal law, speak on behalf of trust beneficiaries:

(i)	at School and Institutional Trust Lands Administration meetings;

(ii)	at School and Institutional Trust Fund Office meetings; and

(iii)

with the media;

(m)	review proposed legislation that affects the school and institutional trust and trust beneficiaries and advocate for legislative change that best serves the interests of the trust beneficiaries; and

(n)	educate the public regarding the School and Institutional Trust Lands System.

(6)	With regard to reviewing the activities described in Subsection (5)(d), the advocacy director may have access to the financial reports and other data required for a review.

Enacted by Chapter 448, 2018 General Session

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Utah Code 53D-2-203. Land Trusts Protection and Advocacy Office director — Appointment — Removal — Power and duties

Terms Used In Utah Code 53D-2-203