(1) The advocacy council, established in Section 53D-2-302, and the state treasurer govern the advocacy office with separate and distinct responsibilities enumerated in this chapter. (2) The state treasurer, acting in a fiduciary capacity to the trust beneficiaries, shall: (a) appoint an advocacy director, as provided in Section 53D-2-401; (b) oversee and provide administrative support to the advocacy office; (c) verify compliance with reporting requirements for the advocacy director; (d) submit an advocacy office budget to the Legislature; and (e) have authority to approve a requested reduction in the annual distribution for an institutional beneficiary under the conditions described in Subsection 53D-2-501(4)(f), after consultation with the trust beneficiary and the advocacy director. (3) A cause of action may not be maintained against the state treasurer for an act or omission made in the course of exercising a duty under this chapter if: (a) the act or omission is taken in good faith; and (b) the act or omission is taken in a manner the treasurer reasonably believes to be in the best interests of the trust beneficiaries.
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