53D-2-303. Advocacy council -- Membership -- Meetings.

695 words·~3 min read·/ut/title-53d/chapter-2/53d-2-303

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 council shall consist of the following seven members:

(a)two individuals the School and Institutional Trust Lands Board of Trustees appoints;

(b)one individual the School and Institutional Trust Fund Board of Trustees appoints;

(c)one individual the state treasurer appoints;

(d)one State Board of Education staff member who administers the School LAND Trust Program, designated as described in Section 53G-7-1206 ; and

(e)two individuals the advocacy council appoints with consent of the state treasurer, including:

(i)one individual with experience relevant to trust beneficiary issues the advocacy council chair nominates in consultation with the chairs of the trustee boards; and

(ii)one individual representing the institutional beneficiaries the advocacy council chair nominates in consultation with the institutional beneficiaries.

(2)A member of the advocacy council:

(a)may not be:

(i)the state treasurer or a current employee of the state treasurer;

(ii)a member of the trustee boards;

(iii)an employee of the trustee agencies; or

(iv)an individual currently serving in a publicly elected office;

(b)shall have significant qualifications related to the purposes and activities of the trusts, such as:

(i)expertise related to the duties and obligations of the member's respective appointing entities; and

(ii)familiarity with lawmaking and legislative procedures; and

(c)shall demonstrate a willingness to commit time and loyalty to the purposes of the trust.

(a)Except as provided in Subsections (3)(b) and (c), a member of the advocacy council shall:

(i)serve a four-year term;

(ii)begin service July 1 with staggered terms to ensure that approximately half of the advocacy council is appointed every two years; and

(iii)take an oath of office the state treasurer administers that states:

"I solemnly swear to carry out my duties as a member of the School and Institutional Trust Beneficiaries' Advocacy Council with undivided loyalty to the trust beneficiaries, to the best of my abilities and consistent with the law."

(b)If a vacancy occurs during the course of an appointed member's term, the appointing entity shall immediately appoint a replacement for the unexpired term.

(c)Upon the expiration of a member's term, the individual is eligible for one consecutive reappointment by the respective appointing agency, except for the appointment described in Subsection (1)(d) which is held by virtue of the position.

(a)Annually, the advocacy council shall elect:

(i)a chair; and

(ii)a vice-chair who shall perform the duties of the chair in the absence of the chair.

(b)The chair shall faithfully represent the will of the council to the extent the council's will is consistent with state law.

(c)The advocacy council chair may directly contact, or be directly contacted by, the chairs of the trustee boards on trust matters.

(5)By a majority vote, the advocacy council shall adopt and amend guidelines consistent with this section regarding council business and actions.

(a)The advocacy council shall meet at least quarterly, at a time set by the chair.

(b)The chair or any two members of the advocacy council may call an additional meeting.

(a)A quorum for the transaction of business is five members of the advocacy council.

(b)Action by a majority of the quorum present constitutes an action of the advocacy council, except for the following actions which require a majority vote of the council as a whole:

(i)adopting resolutions;

(ii)approving administrative rules;

(iii)taking action on the request of a trustee agency; or

(iv)terminating the advocacy director as provided in Subsection 53D-2-401(5)(b) .

(8)An advocacy council 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 the Division of Finance makes pursuant to Sections 63A-3-106 and 63A-3-107 .

(9)The advocacy office shall provide staff support to the advocacy council.

(10)Advocacy council members shall annually complete a conflict-of-interest disclosure statement, in accordance with the requirements of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.

Enacted by Chapter 214 , 2026 General Session