LegalFix

Section 203 - Land Trusts Protection and Advocacy Office director -- Appointment -- Removal -- Power and duties.

UT Code § 53D-2-203 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (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.

(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.

(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.

(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.

(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.

(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.

(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;

(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) 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;

(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;

(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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 203 - Land Trusts Protection and Advocacy Office director -- Appointment -- Removal -- Power and duties.