SB 43 — Land Trusts Protection and Advocacy Office Amendments

(a) the School and Institutional Trust Lands Administration Board of Trustees,Trustees; and (b) the School and Institutional Trust Fund Office Board of Trustees.

and (b) the School and Institutional Trust Fund Office Board of Trustees.

(b) Schools for the Deaf, described in Subsection 53E-8-201(1)(a), represented by the - 15 - S.B.

43 01-20Enrolled 16:13Copy (b) Schools for the Deaf, described in Subsection 53E-8-201(1)(a), represented by the superintendent for the State Board of Education, or the superintendent's designee;

(e) College of Mines and Earth Sciences, described in Section 53H-4-208, represented by the Dean of Ŝ→ the College of ←Ŝ Science at the University of Utah, or the dean's 514a designee;

(f) Ŝ→ [College] Colleges ←Ŝ of Education, described in Section 53C-3-105, 515a represented by the chair of the Utah Council of Education Deans, or the chair's designee;

(h) Ŝ→ [Miners'] Miners ←ŜHospital, Hospital Ŝ→ [ for Disabled Miners] ←Ŝ , described in 519a Section 53H-4-207, represented by the director of the Craig H.

(j) Ŝ→ [Division of ] ←Ŝ Juvenile Justice and Youth Services, represented by the director 524a of the Division of Juvenile Justice and Youth Services, created in Section 80-5-103, or the director's designee;

(k) Ŝ→Reservoirs, [reservoirs] Reservoirs ←Ŝ , represented by the director of the Division of 527a Water Resources, created in Section 73-10-18, or the director's designee;

and (l) Ŝ→ [public buildings] Public BuildingsBuildings, ←Ŝ , represented by the executive 529a director of the Capitol Preservation Board, created in Section 63O-2-201.

-(ii) 16timely -notice 01-20of 16:13significant S.B.trust activities;

43 (ii) timely notice of significant trust activities;

(a)- those16 recognized- inEnrolled SectionCopy 53C-1-102;S.B.

43 (a) those recognized in Section 53C-1-102;

and (v) the safeguarding of the trust assets from the pursuit of another state purpose -which 17is -inconsistent S.B.with the beneficiaries' rights and interests;

43 01-20 16:13 which is inconsistent with the beneficiaries' rights and interests;

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

and (iv)- facilitating17 resolutions- ofS.B. trust beneficiary disputes, as described in Subsection 53D-2-402(3)(b).

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

-(2) 18The -advocacy 01-20council 16:13shall: S.B.

43 (2) The advocacy council shall:

(d) determine the advocacy director's compensation and annually review the compensation- and18 performance- ofEnrolled theCopy advocacyS.B. director as part of the council's budget review process;

43 compensation and performance of the advocacy director as part of the council's budget review process;

-(iii) 19an -employee S.B.of the trustee agencies;

43 01-20 16:13 (iii) an employee of the trustee agencies;

and (c)- shall19 demonstrate- aS.B. willingness to commit time and loyalty to the purposes of the trust.

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

(b) The chair or any two members of the advocacy council may call an additional -meeting. 20 - 01-20 16:13 S.B.

43 meeting.

(iii)- taking20 action- onEnrolled theCopy requestS.B. of a trustee agency;

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

(3) Notwithstanding Section 52-4-204, and in addition to the reasons to close a meeting -under 21Section -52-4-205: S.B.

43 01-20 16:13 under Section 52-4-205:

and (b) any information the advocacy director shares in the closed meeting from a closed session of the trustee boards, is strictly limited to information that the advocacy director can lawfully share with the advocacy council and may not include any non-public information subject to a confidentiality agreement, or any information shared- in21 a- closedS.B. session in accordance with Subsection 52-4-205(1)(a).

43 Enrolled Copy shared in a closed session in accordance with Subsection 52-4-205(1)(a).

(2)(a) The state treasurer shall appoint one of the individuals described in Subsection -(1)(b)(iii) 22as -the 01-20advocacy 16:13director. S.B.

43 (1)(b)(iii) as the advocacy director.

(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- and22 appointment- ofEnrolled anCopy advocacyS.B. director until appointing a new advocacy director, as provided in this section.

43 nomination and appointment of an advocacy director until appointing a new advocacy director, as provided in this section.

(b) facilitate the cooperative formulation of protocols for interactions between the -advocacy 23office -and S.B.trustee agencies, and the advocacy office and beneficiaries;

43 01-20 16:13 advocacy office and trustee agencies, and the advocacy office and beneficiaries;

(f)- be23 permitted- toS.B. 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);

43 Enrolled Copy (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);

-(m) 24upon -request, 01-20report 16:13in S.B.person to a trust beneficiary or the Legislature;

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

(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;24 - Enrolled Copy S.B.

43 or matter;

-(a) 25subject -to S.B.Sections 53F-2-404 and 53G-7-1206;

43 01-20 16:13 (a) subject to Sections 53F-2-404 and 53G-7-1206;

(b) annually convening an advisory group composed of stakeholders, including the impacted- end25 users- to:S.B.

43 Enrolled Copy impacted end users to:

-Part 266. - 01-20 16:13 S.B.

43 Part 6.

(b) "School and Institutional Trust Fund Office director" or "SITFO director" means the director- of26 the- SchoolEnrolled andCopy InstitutionalS.B. Trust Fund Office, appointed under Section 53D-1-401.

43 director of the School and Institutional Trust Fund Office, appointed under Section 53D-1-401.

(c) If the amount of money deposited into the account under Subsection (4)(a) in any fiscal year exceeds the amount required by the advocacy office during that fiscal year to fund advocacy office operations, the [SITFO][SITFO [director]director] School and Institutional Trust Fund Office shall, in the following fiscal year, reduce the amount deposited into the account under Subsection (4)(a) by the amount of the unspent appropriation.

-(A) 27one; - S.B.

43 01-20 16:13 (A) one;

(b) "Average market value of the State School Fund" means the results of a calculation completed by the SITFO director each fiscal year that averages the value of the State School- Fund27 for- theS.B. past 20 consecutive quarters ending in the prior fiscal year.

43 Enrolled Copy School Fund for the past 20 consecutive quarters ending in the prior fiscal year.

and -(iii) 28any -unused 01-20appropriation 16:13for S.B.the administration of the School LAND Trust Program, as described in Subsection 53F-2-404(1)(c).

43(4) (iii)If, anyat unusedthe end of a fiscal year, the Trust Distribution Account has a balance remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a) for the administrationnext fiscal year, the SITFO director shall, during the next fiscal year, apply the amount of the Schoolremaining LANDbalance from the prior fiscal year toward the current fiscal year's distribution amount by reducing a quarterly deposit to the Trust Program,Distribution as- described28 in- SubsectionEnrolled 53F-2-404(1)(c).Copy S.B.

(4)43 If, at the end of a fiscal year, the Trust Distribution Account has a balance remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a) for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount of the remaining balance from the prior fiscal year toward the current fiscal year's distribution amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the remaining balance from the prior fiscal year.

-(a) 29"Charter -trust S.B.land council" means a council established by a charter school governing board under Section 53G-7-1205.

43 01-20 16:13 (a) "Charter trust land council" means a council established by a charter school governing board under Section 53G-7-1205.

(e)- "Teacher29 and- studentS.B. success plan" or "success plan" means the same as that term is defined in Section 53G-7-1301.

43 Enrolled Copy (e) "Teacher and student success plan" or "success plan" means the same as that term is defined in Section 53G-7-1301.

(b)(i) A council shall create and vote to adopt a LAND trust plan in a meeting of the -council 30at -which 01-20a 16:13quorum S.B.is present.

43 council at which a quorum is present.

and (ii) include with the LAND trust plan a report noting the number of council members who- voted30 for- orEnrolled againstCopy theS.B. approval of the LAND trust plan and the number of council members who were absent for the vote.

43 who voted for or against the approval of the LAND trust plan and the number of council members who were absent for the vote.

(iii) A summary of the report shall be provided to parents of students who attend the -school. 31 - S.B.

43 01-20 16:13 school.

(8)(a)- The31 state- boardS.B. shall provide annual training opportunities to the entities described in Subsection (8)(b) on:

43 Enrolled Copy (8)(a) The state board shall provide annual training opportunities to the entities described in Subsection (8)(b) on:

(12) The state board shall designate a staff member who administers the School LAND Trust Program to serve as a member of the [Land Trusts Protection and Advocacy -Committee] 32School -and 01-20Institutional 16:13Trust S.B.Beneficiaries' Advocacy Council created under [Section 53D-2-202] Section 53D-2-302.

43 Committee] School and Institutional Trust Beneficiaries' Advocacy Council created under [Section 53D-2-202] Section 53D-2-302.

This- bill32 takes- effectEnrolled onCopy JulyS.B. 1, 2026.

43 This bill takes effect on July 1, 2026.