53D-2-202. Advocacy office -- Authority and responsibilities.

279 words·~1 min read·/ut/title-53d/chapter-2/53d-2-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(1)The advocacy office, acting with undivided loyalty to the trust beneficiaries, shall:

(a)represent the trust beneficiaries by:

(i)staying informed on the administration of the trust assets, budgets, policies, and rules, including:

(A)significant School and Institutional Trust Lands Administration transactions; and

(B)the School and Institutional Trust Fund Office investments and investment policies;

(ii)communicating on the trust beneficiaries' behalf when appropriate and lawful, unless a trust beneficiary notifies the advocacy office in writing that the beneficiary will communicate on the beneficiary's own behalf involving a specific issue or matter; and

(iii)reporting to trust beneficiaries and the Legislature, as described in Subsection 53D-2-402(2)(m) ;

(b)advocate on behalf of trust beneficiaries for:

(i)effective governance of the trusts;

(ii)proper management and optimal performance of trust assets;

(iii)efficient and lawful distribution of funds;

(iv)the trust beneficiaries' current and future best interests; and

(v)the safeguarding of the trust assets from the pursuit of another state purpose which is inconsistent with the beneficiaries' rights and interests; and

(c)advise the trust beneficiaries by:

(i)assisting the trust beneficiaries' understanding of collective and respective interests and rights;

(ii)monitoring compliant use of trust distributions by beneficiaries as described in Section 53D-2-501 ;

(iii)informing the trust beneficiaries of trust activities, proposals, and decisions; and

(iv)facilitating resolutions of trust beneficiary disputes, as described in Subsection 53D-2-402(3)(b) .

(2)The advocacy office, whether acting through the advocacy director or the advocacy council, or otherwise, does not have authority to nullify trustee agency actions, including trustee board actions.

Repealed and Re-enacted by Chapter 214 , 2026 General Session