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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to governance of the school and institutional trust
10 system.
11 Highlighted Provisions:
12 This bill:
13 ▸ enacts provisions related to oaths of office, including:
14 • requiring the director of the Land Trusts Protection and Advocacy Office and
15 members of the Land Trusts Protection and Advocacy Committee to take an
16 oath of office; and
17 • specifying the oath of office for the director of the School and Institutional Trust
18 Lands Administration and members of the School and Institutional Trust Lands
19 Board of Trustees;
20 ▸ amends the membership of:
21 • the committee that nominates individuals to serve on the School and
22 Institutional Trust Fund Board of Trustees; and
23 • the committee that nominates individuals to serve on the School and
24 Institutional Trust Lands Board of Trustees; and
25 ▸ amends provisions related to the timing of certain appointments related to the
26 governance of the school and institutional trust.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 53C-1-202, as last amended by Laws of Utah 2020, Chapters 352 and 373
34 53C-1-203, as last amended by Laws of Utah 2018, Chapters 415 and 448
35 53C-1-303, as last amended by Laws of Utah 2012, Chapter 224
36 53D-1-402, as last amended by Laws of Utah 2018, Chapter 448
37 53D-1-501, as last amended by Laws of Utah 2018, Chapter 448
38 53D-2-202, as enacted by Laws of Utah 2018, Chapter 448
39 53D-2-203, as enacted by Laws of Utah 2018, Chapter 448
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 53C-1-202 is amended to read:
43 53C-1-202. Board of trustees membership -- Nomination list -- Qualifications --
44 Terms -- Replacement -- Chair -- Quorum.
45 (1) There is established the School and Institutional Trust Lands Board of Trustees.
46 (2) The board shall consist of seven members appointed on a nonpartisan basis by the
47 governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter
48 24, Part 2, Vacancies.
49 (3) (a) Except for the appointment made pursuant to Subsection (5), all appointments
50 to the board shall be for a nonconsecutive term of six years, or until a replacement has been
51 appointed and confirmed pursuant to this section.
52 (b) If a vacancy occurs, the governor shall appoint a replacement, following the
53 procedures set forth in Subsections (2), (4), (5), and (6), to fill the unexpired term.
54 (c) Any member of the board who has served less than six years upon the expiration of
55 that member's term is eligible for a consecutive reappointment.
56 (4) (a) The governor shall select six of the seven appointees to the board from a
57 nomination list of at least two candidates for each position or vacancy submitted pursuant to
58 Section 53C-1-203.
59 (b) The governor may request an additional nomination list of at least two candidates
60 from the nominating committee if the initial list of candidates for a given position is
61 unacceptable.
62 (c) (i) If the governor fails to select an appointee within 60 days after receipt of the
63 initial list or within 60 days after the receipt of an additional list, the nominating committee
64 shall make an interim appointment by majority vote.
65 (ii) The interim appointee shall serve until the matter is resolved by the committee and
66 the governor or until replaced pursuant to this chapter.
67 (5) (a) The governor may appoint one member without requiring a nomination list.
68 (b) The member appointed under Subsection (5)(a) serves at the pleasure of the
69 governor.
70 (6) (a) Each board candidate shall possess outstanding professional qualifications
71 pertinent to the purposes and activities of the trust.
72 (b) The board shall represent the following areas of expertise:
73 (i) nonrenewable resource management or development;
74 (ii) renewable resource management or development; and
75 (iii) real estate.
76 (c) Other qualifications which are pertinent for membership to the board are expertise
77 in any of the following areas:
78 (i) business;
79 (ii) investment banking;
80 (iii) finance;
81 (iv) trust administration;
82 (v) asset management; and
83 (vi) the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i)
84 through (v).
85 (7) The board of trustees shall select a chair and vice chair from its membership.
86 (8) Before assuming [
87 member shall take an oath of office that includes the following: "I solemnly swear to carry out
88 my duties as a member of the School and Institutional Trust Lands Board of Trustees and to act
89 with undivided loyalty to the beneficiaries of the trust lands that the administration oversees, to
90 the best of my abilities and consistent with the law.".
91 (9) Four members of the board constitute a quorum for the transaction of business.
92 (10) The governor or five board members may, for cause, remove a member of the
93 board.
94 (11) A member of the board shall comply with the conflict of interest provisions
95 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
96 Section 2. Section 53C-1-203 is amended to read:
97 53C-1-203. Board of trustees nominating committee -- Composition --
98 Responsibilities -- Per diem and expenses.
99 (1) There is established an 11 member board of trustees nominating committee.
100 [
101
102 [
103 Protection and Advocacy Committee, created in Section 53D-2-202, shall serve on the
104 nominating committee.
105 (b) The governor shall appoint [
106 before the December 1 of the year preceding the vacancy on the nominating committee as
107 follows:
108 [
109
110
111
112 [
113
114 [
115 Utah Farm Bureau in consultation with the Utah Cattleman's Association and the Utah Wool
116 Growers' Association on or before the October 1 of the year preceding the vacancy on the
117 nominating committee;
118 [
119 Utah Petroleum Association on or before the October 1 of the year preceding the vacancy on
120 the nominating committee;
121 [
122 Utah Mining Association on or before the October 1 of the year preceding the vacancy on the
123 nominating committee; and
124 [
125 executive director of the Department of Natural Resources after consultation with statewide
126 wildlife and conservation organizations on or before the October 1 of the year preceding the
127 vacancy on the nominating committee.
128 (c) The director of the Land Trusts Protection and Advocacy Office described in
129 Section 53B-2-203 shall serve on the nominating committee.
130 [
131 the Public Lands Steering Committee, who must be an elected county commissioner or
132 councilor, to serve as the eleventh member of the nominating committee.
133 (3) (a) Except as required by [
134 member shall serve a four-year term.
135 (b) The governor shall, at the time of appointment or reappointment, adjust the length
136 of terms to ensure that the terms of committee members are staggered so that approximately
137 half of the committee is appointed every two years.
138 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
139 appointed for the unexpired term.
140 [
141
142 [
143
144 (4) The chair and vice chair of the Land Trusts Protection and Advocacy Committee
145 created in Section 53D-2-202 shall serve as the chair and vice chair of the nominating
146 committee.
147 (5) (a) The nominating committee shall nominate at least two candidates for each
148 position or vacancy which occurs on the board of trustees except for the governor's appointee
149 under Subsection 53C-1-202(5).
150 (b) The nominations shall be by majority vote of the committee.
151 (6) A member may not receive compensation or benefits for the member's service, but
152 may receive per diem and travel expenses in accordance with:
153 (a) Section 63A-3-106;
154 (b) Section 63A-3-107; and
155 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
156 63A-3-107.
157 (7) The Land Trusts Protection and Advocacy Office, created in Section 53D-2-201,
158 shall provide staff support to the nominating committee.
159 Section 3. Section 53C-1-303 is amended to read:
160 53C-1-303. Responsibilities of director -- Budget review -- Legal counsel --
161 Contract for services.
162 (1) In carrying out the policies of the board of trustees and in establishing procedures
163 and rules the director shall:
164 (a) [
165 office that includes the following: "I solemnly swear to carry out my duties as the director of
166 the School and Institutional Trust Lands Administration with undivided loyalty to the
167 beneficiaries of the trust lands managed by the administration, to the best of my abilities and
168 consistent with the law.";
169 (b) adopt procedures and rules necessary for the proper administration of matters
170 entrusted to the director by state law and board policy;
171 (c) submit to the board for its review and concurrence on any rules necessary for the
172 proper management of matters entrusted to the administration;
173 (d) faithfully manage the administration under the policies established by the board;
174 (e) submit to the board for public inspection an annual management budget and
175 financial plan for operations of the administration and, after approval by the board, submit the
176 budget to the governor;
177 (f) direct and control the budget expenditures as finally authorized and appropriated;
178 (g) establish job descriptions and employ, within the limitation of the budget, staff
179 necessary to accomplish the purposes of the office subject to Section 53C-1-201;
180 (h) establish, in accordance with generally accepted principles of fund accounting, a
181 system to identify and account for the assets and vested interests of each beneficiary;
182 (i) notify the primary beneficiary representative's designee regarding the trusts listed in
183 Subsection 53C-1-103(7) on major items that the director knows may be useful to the primary
184 beneficiary representative's designee in protecting beneficiary rights;
185 (j) permit the primary beneficiary representative's designee regarding a trust listed in
186 Subsection 53C-1-103(7) reasonable access to inspect records, documents, and other trust
187 property pertaining to that trust, provided that the primary beneficiary representative's designee
188 shall maintain confidentiality if confidentiality is required of the director;
189 (k) maintain appropriate records of trust activities to enable auditors appointed by
190 appropriate state agencies or the board to conduct periodic audits of trust activities;
191 (l) provide that all leases, contracts, and agreements be submitted to legal counsel for
192 review of compliance with applicable law and fiduciary duties prior to execution and utilize the
193 services of the attorney general as provided in Section 53C-1-305;
194 (m) keep the board, beneficiaries, governor, Legislature, and the public informed about
195 the work of the director and administration by reporting to the board in a public meeting at
196 least once during each calendar quarter; and
197 (n) respond in writing within a reasonable time to a request by the board or the primary
198 beneficiary representative's designee regarding a trust listed in Subsection 53C-1-103(7) for
199 responses to questions on policies and practices affecting the management of the trust.
200 (2) The administration shall be the named party in substitution of the Division of State
201 Lands and Forestry or its predecessor agencies, with respect to all documents affecting trust
202 lands from the effective date of this act.
203 (3) The director may:
204 (a) with the consent of the state risk manager and the board, manage lands or interests
205 in lands held by any other public or private party pursuant to policies established by the board
206 and may make rules to implement these board policies;
207 (b) sue or be sued as the director of school and institutional trust lands;
208 (c) contract with other public agencies for personnel management services;
209 (d) contract with any public or private entity to make improvements to or upon trust
210 lands and to carry out any of the responsibilities of the office, so long as the contract requires
211 strict adherence to trust management principles, applicable law and regulation, and is subject to
212 immediate suspension or termination for cause; and
213 (e) with the approval of the board enter into joint ventures and other business
214 arrangements consistent with the purposes of the trust.
215 (4) Any application or bid required for the lease, permitting, or sale of lands in a
216 competitive process or any request for review pursuant to Section 53C-1-304 shall be
217 considered filed or made on the date received by the appropriate administrative office, whether
218 transmitted by United States mail or in any other manner.
219 Section 4. Section 53D-1-402 is amended to read:
220 53D-1-402. Director duties and responsibilities.
221 (1) The director has broad authority to manage the office to fulfill [
222 purposes, consistent with the enabling act, the Utah Constitution, state law, and board policies.
223 (2) The director shall:
224 (a) before assuming the duties of director, take an oath of office that includes the
225 following:
226 "I solemnly swear to carry out my duties as director of the School and Institutional
227 Trust Fund Office with undivided loyalty to the beneficiaries of the trust fund managed by the
228 office, to the best of my abilities and consistent with the law.";
229 (b) carry out the policies of the board;
230 (c) act with undivided loyalty to those entitled to the benefit of income from the trust
231 fund, consistent with the director's fiduciary duties and responsibilities;
232 (d) follow the prudent investor rule, prudently seeking to obtain the optimum return
233 from the investment of trust fund money and assets, balancing short-term and long-term
234 interests under the principle of intergenerational equity;
235 (e) exercise full discretionary authority to manage, maintain, transfer, or sell assets of
236 the trust fund in the manner that the director determines to be most favorable to beneficiaries;
237 (f) maintain the integrity of the trust fund and prevent, through prudent management,
238 the misapplication of trust fund money;
239 (g) adopt rules, as provided in Subsection 53D-1-103(4), that are necessary for the
240 proper exercise of the director's duties under this chapter and policies established by the board;
241 (h) faithfully manage the office under policies established by the board;
242 (i) annually submit to the board:
243 (i) an office budget; and
244 (ii) a financial plan for operations of the office;
245 (j) after board approval of the office budget, submit the budget to the governor and the
246 Legislature;
247 (k) direct and control budget expenditures;
248 (l) establish job descriptions and, within budgetary constraints, employ staff necessary
249 to accomplish the purposes of the office;
250 (m) in accordance with generally accepted principles of fund accounting, establish a
251 system to identify and account for the trust fund assets;
252 (n) notify the advocacy office director of major items that the director knows may be
253 useful to the advocacy office director in protecting the rights of beneficiaries;
254 (o) maintain appropriate records of trust fund activities to enable auditors to conduct
255 periodic audits;
256 (p) respond in writing within a reasonable time to a request by the advocacy office
257 director for information on policies and practices affecting the management of the trust fund;
258 and
259 (q) respond to a question that the board submits under Subsection 53D-1-303(4)(b)
260 within a reasonable time after receiving the question.
261 (3) The office may:
262 (a) sue or be sued; and
263 (b) contract with other public agencies for personnel management services.
264 Section 5. Section 53D-1-501 is amended to read:
265 53D-1-501. Nominating committee -- Membership -- Terms -- Vacancies --
266 Compensation.
267 (1) There is established a School and Institutional Trust Fund Nominating Committee.
268 (2) The nominating committee consists of:
269 (a) two members of the Land Trusts Protection and Advocacy Committee established
270 in Section 53D-2-202;
271 [
272 the advocacy office director, each of whom is a member of a respected professional investment
273 organization;
274 [
275 [
276 [
277 (3) An individual appointed as a member of the nominating committee under
278 Subsection (2)[
279 (a) investment finance;
280 (b) institutional asset management;
281 (c) trust administration; or
282 (d) the practice of law in the areas of capital markets, securities law, trusts,
283 foundations, endowments, investment finance, institutional asset management, or trust
284 administration.
285 (4) The term of a member appointed under Subsection (2)[
286 (5) A nominating committee member shall serve until a successor is appointed and
287 qualified.
288 (6) (a) If a member appointed under Subsection (2)[
289 shall be filled in the same manner as the initial appointment under Subsection (2)[
290 (b) An individual appointed to fill a vacancy under Subsection (6)(a) serves the
291 remainder of the unexpired term.
292 (7) A member of the nominating committee may not receive compensation or benefits
293 for the member's service, but may receive per diem and travel expenses in accordance with:
294 (a) Section 63A-3-106;
295 (b) Section 63A-3-107; and
296 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
297 63A-3-107.
298 Section 6. Section 53D-2-202 is amended to read:
299 53D-2-202. Land Trusts Protection and Advocacy Committee -- Duties --
300 Governance.
301 (1) There is created the Land Trusts Protection and Advocacy Committee to:
302 (a) oversee the activities of the advocacy director and the advocacy office;
303 (b) submit advocacy director candidate names to the state treasurer, as described in
304 Section 53D-2-203;
305 (c) determine the advocacy director's compensation and annually review the
306 compensation and performance of the advocacy director;
307 (d) receive quarterly reports from the advocacy director;
308 (e) review, amend as necessary, and transmit to the state treasurer proposed rules
309 submitted by the advocacy director;
310 (f) receive the annual report described in Section 53D-2-203 from the advocacy
311 director; and
312 (g) give policy direction to the advocacy office.
313 (2) In accordance with Subsection (3), the advocacy committee consists of the
314 following five members:
315 (a) two individuals appointed by the School and Institutional Trust Lands Board of
316 Trustees;
317 (b) one individual appointed by the School and Institutional Trust Fund Board of
318 Trustees;
319 (c) one individual appointed by the state treasurer; and
320 (d) a State Board of Education staff member who administers the School LAND Trust
321 Program, designated as described in Section 53G-7-1206.
322 (3) A member of the advocacy committee:
323 (a) may not be:
324 (i) the state treasurer or a current employee of the state treasurer;
325 (ii) a member of the School and Institutional Trust Lands Board of Trustees;
326 (iii) an employee of the School and Institutional Trust Lands Administration;
327 (iv) a member of the School and Institutional Trust Fund Board of Trustees; or
328 (v) an employee of the School and Institutional Trust Fund Office; and
329 (b) shall have significant qualifications related to the purposes and activities of the
330 school and institutional trust, such as:
331 (i) nonrenewable resource development;
332 (ii) renewable resource management;
333 (iii) real estate development; or
334 (iv) investment management[
335 [
336
337 (4) Before assuming duties as an advocacy committee member, a member shall take an
338 oath of office that includes the following: "I solemnly swear to carry out my duties as a
339 member of the Land Trusts Protection and Advocacy Committee and to act with undivided
340 loyalty to beneficiaries of the trust land, to the best of my abilities and consistent with the
341 law.".
342 [
343 appointed member of the advocacy committee shall:
344 (i) serve a four-year term; and
345 (ii) receive notification of an appointment on or before [
346 year [
347 [
348
349
350
351 [
352 appointing entity shall immediately appoint a replacement for the unexpired term.
353 [
354 [
355 chair.
356 (b) The chair or any two members of the advocacy committee may call an additional
357 meeting.
358 [
359 committee.
360 (b) Action by a majority of a quorum present constitutes the action of the advocacy
361 committee.
362 [
363 for the member's service, but may receive per diem and travel expenses in accordance with:
364 (a) Section 63A-3-106;
365 (b) Section 63A-3-107; and
366 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
367 63A-3-107.
368 [
369 Section 7. Section 53D-2-203 is amended to read:
370 53D-2-203. Land Trusts Protection and Advocacy Office director -- Appointment
371 -- Removal -- Power and duties.
372 (1) (a) The advocacy committee shall:
373 (i) discuss candidates who may qualify for appointment as the advocacy director, as
374 described in Subsection (1)(b);
375 (ii) determine the two most qualified candidates; and
376 (iii) submit the names of those two candidates to the state treasurer as potential
377 appointees for the advocacy director.
378 (b) A potential appointee for advocacy director shall have significant expertise and
379 qualifications relating to generating revenue to the school and institutional trust and the duties
380 of the advocacy office and the advocacy director, which may include expertise in:
381 (i) business;
382 (ii) finance;
383 (iii) economics;
384 (iv) natural resources; or
385 (v) advocacy.
386 (c) From the individuals described in Subsection (1)(a), the state treasurer shall appoint
387 one as the advocacy director.
388 (d) Before assuming duties as the advocacy director, the advocacy director shall take an
389 oath of office that includes the following: "I solemnly swear to carry out my duties as director
390 of the Land Trusts Protection and Advocacy Office with undivided loyalty to the beneficiaries
391 of the trust lands, to the best of my abilities and consistent with the law.".
392 (2) (a) An advocacy director shall serve a four-year term.
393 (b) If a vacancy occurs in the advocacy director's position, the advocacy committee and
394 state treasurer shall, in accordance with Subsection (1), appoint a replacement director for a
395 four-year term.
396 (3) The advocacy committee may remove the advocacy director during a meeting that
397 is not closed as described in Section 52-4-204, if:
398 (a) removal of the advocacy director is scheduled on the agenda for the meeting; and
399 (b) a majority of a committee quorum votes to remove the advocacy director.
400 (4) In accordance with state and federal law, the advocacy director may attend a
401 presentation, discussion, meeting, or other gathering related to the school and institutional trust.
402 (5) In order to fulfill the duties of the advocacy office described in Section 53D-2-201,
403 the advocacy director shall:
404 (a) maintain a direct relationship with each individual who is key to fulfilling the state's
405 trustee obligations and duties related to the trust;
406 (b) facilitate open communication among key individuals described in Subsection
407 (5)(a);
408 (c) actively seek necessary and accurate information;
409 (d) review and, if necessary, recommend the state auditor audit, activities involved in:
410 (i) generating trust revenue;
411 (ii) protecting trust assets; or
412 (iii) distributing funds for the exclusive use of trust beneficiaries;
413 (e) promote accurate record keeping of all records relevant to the trust and distribution
414 to trust beneficiaries;
415 (f) report at least quarterly to the advocacy committee and the state treasurer on the
416 current activities of the advocacy office;
417 (g) annually submit a proposed advocacy office budget to the state treasurer;
418 (h) regarding the trust's compliance with law, and among the School and Institutional
419 Trust Lands System as a whole, report annually to:
420 (i) the advocacy committee;
421 (ii) the state treasurer;
422 (iii) the State Board of Education; and
423 (iv) the Executive Appropriations Committee;
424 (i) annually send a financial report regarding the relevant individual trust, and, upon
425 request, report in person to:
426 (i) Utah State University, on behalf of the agricultural college trust;
427 (ii) the University of Utah;
428 (iii) the Utah State Hospital, on behalf of the mental hospital trust;
429 (iv) the Utah Schools for the Deaf and the Blind, on behalf of the institution for the
430 blind trust and the deaf and dumb asylum trust;
431 (v) the youth in custody program at the State Board of Education, on behalf of the
432 reform school trust;
433 (vi) the Division of Water Resources, created in Section 73-10-18, on behalf of the
434 reservoir trust;
435 (vii) the College of Mines and Earth Sciences created in Section 53B-17-401;
436 (viii) each state teachers' college, based on the college's annual number of teacher
437 graduates, on behalf of the normal school trust;
438 (ix) the Miners' Hospital described in Section 53B-17-201; and
439 (x) the State Capitol Preservation Board, created in Section 63C-9-201, on behalf of
440 the public buildings trust;
441 (j) as requested by the state treasurer, draft proposed rules and submit the proposed
442 rules to the advocacy committee for review;
443 (k) in accordance with state and federal law, respond to external requests for
444 information about the School and Institutional Trust Lands System;
445 (l) in accordance with state and federal law, speak on behalf of trust beneficiaries:
446 (i) at School and Institutional Trust Lands Administration meetings;
447 (ii) at School and Institutional Trust Fund Office meetings; and
448 (iii) with the media;
449 (m) review proposed legislation that affects the school and institutional trust and trust
450 beneficiaries and advocate for legislative change that best serves the interests of the trust
451 beneficiaries; and
452 (n) educate the public regarding the School and Institutional Trust Lands System.
453 (6) With regard to reviewing the activities described in Subsection (5)(d), the advocacy
454 director may have access to the financial reports and other data required for a review.