UtahS.B. 432026 General SessionSenate

Land Trusts Protection and Advocacy Office Amendments

Sponsored By: Derrin R. Owens (Republican)

Signed by Governor

Trust LandsEducationK-12 Education

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 1 costs, 3 mixed.

New council oversees school trust advocates

Beginning July 1, 2026, the advocacy council oversees the office, advises its director, and sets plans, rules, and management policies. It receives reports, reviews the director's pay and performance annually, and joins trustee-agency nominating committees. When the director's job is vacant, it interviews qualified candidates and sends its two strongest choices to the treasurer. The treasurer appoints one, may return an incomplete or legally deficient list, and must repeat the process with the council if neither nominee is chosen. The council can remove the at-will director with or without cause, by majority vote at an open meeting with removal on its agenda.

School trust advocates gain records access

The trust lands director must flag known major matters useful to advocates, allow reasonable access to relevant records and property, and answer questions in writing within a reasonable time. The advocacy office must preserve required confidentiality. Beginning July 1, 2026, the office, council, and director must follow Utah's public-records law. The advocacy director may attend trustee committee meetings and closed sessions affecting beneficiaries, except when legal privilege, other law, binding-contract confidentiality, or individual personnel discussions bar attendance. The council may discuss those matters privately, but cannot receive protected contract information or confidential individual personnel information; beneficiaries' own access still follows applicable laws and board policies.

School trust nominations gain investment expertise

The seven-member trust fund nominating committee gets a new membership structure. On the advocacy director's recommendation, the treasurer appoints four qualified investment or endowment professionals and one public-fund or public-university-endowment investment officer. The advocacy council chair appoints two council members to the committee. The advocacy office supplies staff, and the committee approves and publishes lawful nomination guidelines by majority vote. The trust fund board must also adopt policies for annual member training that follows Utah's state training and certification requirements.

Trust benefits limited to named institutions

Utah trust lands are managed for the beneficiaries named in state law. Trust fund benefits and representation are limited to the schools and institutions listed in that law. Other institutions, agencies, the public at large, and the state's general welfare are excluded from the beneficiary group. These definitions do not create direct household payments.

School trust council gets membership safeguards

Beginning July 1, 2026, the seven-member council includes trustee-board and treasurer appointees, a School LAND Trust staff member, and two council appointees approved by the treasurer. Members need strong trust-related qualifications and must commit time and loyalty to the trust. The treasurer, treasurer employees, trustee-board members, trustee-agency employees, and current elected officials cannot serve. Members serve staggered four-year terms, may be reappointed once consecutively, and may receive daily allowances and travel expenses, but no compensation or benefits. The council meets at least quarterly, receives office staff support, and must fill appointed vacancies immediately for the remaining term.

Schools get advocacy with limited powers

The law creates an advocacy office to represent trust beneficiaries with undivided loyalty and protect their rights and interests. Beneficiaries have rights to trust information, timely notices, lawful distributions, regular accounts, impartial treatment, and performance information. They can challenge decisions they believe are unlawful or against their interests. The office advises them on rights, management, distributions, and disputes; a beneficiary can give written notice to speak for itself on a specific matter. The office cannot cancel actions taken by trustee agencies or their boards.

Treasurer oversees advocacy with legal protection

The treasurer must act in beneficiaries' interests, appoint and support the advocacy director, oversee the office, and check reporting compliance. The treasurer also submits the office budget to the Legislature. The treasurer may approve institutional distribution reductions through the law's process for retained funds above the allowed two-year amount. Before approval, the treasurer must consult the institution and advocacy director. Claims against the treasurer are barred for actions or failures to act under this chapter taken in good faith and reasonably believed to serve beneficiaries' best interests.

Sponsors & Cosponsors

Sponsor

Derrin R. Owens
Republican • Senate

Cosponsors

Burton, Jefferson S.
Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 102 • No: 3

House vote • 2/5/2026

House/ passed 3rd reading

Yes: 67 • No: 3

House vote • 2/2/2026

House Comm - Favorable Recommendation

Yes: 9 • No: 0

Senate vote • 1/20/2026

Senate/ floor amendment

Yes: 0 • No: 0