53D-2-401. School and Institutional Trust Beneficiaries' Advocacy Office director -- Appointment -- Removal.

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

Effective 7/1/2026

(a)A director shall manage the advocacy office.

(b)If there is a vacancy in the advocacy director position, the advocacy council may appoint an interim director and shall:

(i)consider and interview candidates who may qualify for appointment as the advocacy director, as described in Subsection (1)(c) ;

(ii)determine the two most qualified candidates; and

(iii)submit the names of the two candidates described in Subsection (1)(b)(ii) to the state treasurer as nominees for the advocacy director.

(c)A nominee for advocacy director shall have significant expertise and qualifications relating to trust management and the duties of the advocacy office and the advocacy director, which may include expertise in:

(i)business and finance;

(ii)lawmaking and legislative procedures;

(iii)economics;

(iv)natural resources;

(v)land development; or

(vi)communication and advocacy.

(d)The advocacy council chair may consult about the nominees for advocacy director with the chairs of the trustee boards, as described in Subsection 53D-2-303(4)(b) .

(a)The state treasurer shall appoint one of the individuals described in Subsection (1)(b)(iii) as the advocacy director.

(b)The state treasurer may return a submission of nominees to the advocacy council if:

(i)the treasurer determines that the submission is incomplete;

(ii)the submission contains unqualified candidates; or

(iii)the submission otherwise fails to comply with the requirements of this section.

(c)If the state treasurer declares that the state treasurer will not appoint either of the nominees, the state treasurer and the advocacy council shall repeat the procedure for nomination and appointment of an advocacy director until appointing a new advocacy director, as provided in this section.

(3)Upon the appointment of an advocacy director, the state treasurer shall administer an oath of office which states:

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

(4)The advocacy director shall undergo an annual comprehensive performance review the advocacy council conducts, which includes responses from interested parties and trustee agency directors.

(5)The director is an at-will employee whom the advocacy council may remove at any time with or without cause.

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

(a)the advocacy council schedules the removal of the advocacy director on the agenda; and

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

Enacted by Chapter 214 , 2026 General Session