- (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