53D-2-402. Advocacy director -- Powers and duties.

639 words·~3 min read·/ut/title-53d/chapter-2/53d-2-402

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 director has broad authority to manage the responsibilities and duties of the advocacy office in a prudent and professional manner, subject to advocacy council oversight.

(2)To fulfill the responsibilities and duties of the advocacy office described in Section 53D-2-201 , the advocacy director shall:

(a)maintain direct relationships and open communication with individuals who are key to fulfilling the state's trustee obligations and duties related to the trusts;

(b)facilitate the cooperative formulation of protocols for interactions between the advocacy office and trustee agencies, and the advocacy office and beneficiaries;

(c)identify and maintain a list of principal liaisons for each trust beneficiary to facilitate orderly communication, representation, advocacy, and reporting;

(d)serve as an official intermediary through which information can be provided to or received from trust beneficiaries and to which the trustee agencies can give notice to a beneficiary;

(e)seek necessary and accurate information regarding management of trust assets;

(f)be permitted to attend any relevant trust presentation, discussion, meeting, or other gathering relating to activity, policy, or transactions impacting trust beneficiaries subject to the limitations of Subsection 53D-2-304(2) ;

(g)monitor and, if necessary, recommend that the state auditor review activities involving trust assets or distributions;

(h)promote accurate record keeping of all records relevant to each respective trust and distributions to trust beneficiaries;

(i)report at least quarterly, or as requested, to the advocacy council and the state treasurer on the current activities of the advocacy office;

(j)annually submit a proposed advocacy office budget to the state treasurer after consultation with the advocacy council;

(k)develop training about trust principles in consultation with the trustee agencies to:

(i)annually conduct and document completion of the training for the advocacy council and advocacy office staff; and

(ii)make the training available for voluntary use by trustee agencies and elected officials;

(l)report annually on advocacy office activity, a summary of each trust beneficiary's trust assets and use of distributions, and an overview of the respective responsibilities of trustee agencies to:

(i)the advocacy council;

(ii)the state treasurer;

(iii)all trust beneficiaries;

(iv)the trustee agencies;

(v)the State Board of Education;

(vi)the relevant appropriations subcommittee;

(vii)the governor's office; and

(viii)the general public by posting on the advocacy office website;

(m)upon request, report in person to a trust beneficiary or the Legislature;

(n)draft and submit proposed rules to the advocacy council for review and adoption;

(o)respond to external and media requests for information related to trust beneficiaries' interests and rights;

(p)speak on behalf of trust beneficiaries about activities related to the beneficiaries' trusts, unless a trust beneficiary notifies the advocacy office in writing that the trust beneficiary will speak on the trust beneficiary's own behalf involving a specific issue or matter;

(q)review proposed legislation that affects trust beneficiaries and advocate for legislative changes that serve the best interests and rights of the trust beneficiaries;

(r)promote awareness of the trusts and trust principles described in Subsection 53C-1-102(2) to beneficiaries, stakeholders, elected officials, and the public; and

(s)facilitate an objective nomination process for trustee board positions pursuant to Sections 53C-1-203 and 53D-1-501 .

(3)The advocacy director may:

(a)advocate for or against ballot propositions which impact trust beneficiaries with an exemption from Section 20A-11-1203 in such instances; and

(b)provide an impartial forum and facilitate informal resolution of a conflict or dispute among affected trust beneficiaries upon the trust beneficiaries' consent, or upon agreement among affected trust beneficiaries and trustee agencies.

(4)With regard to reviewing the activities described in Subsection (2)(g) , the advocacy director may have access to the financial reports and other data, subject to the limitations of Subsection 53D-2-304(2) .

Enacted by Chapter 214 , 2026 General Session