House passes bill to create land-trust advocacy office, adding oversight for trust lands

The Utah House passed First Substitute House Bill 404 on March 5, 2018, creating a Land Trust Protection and Advocacy Office and a five-member Land Trust Protection and Advocacy Committee to oversee selection of a director and advocate for trust beneficiaries.

Representative Last, the bill’s sponsor, said Amendment 1 reduces the fiscal note and clarifies committee membership and responsibilities. The sponsor described the office’s role as advocating with "undivided loyalty" to beneficiaries of the state’s perpetual trust, selecting director candidates for four-year terms, and overseeing activities related to trust lands and investment. The sponsor said the office will be located in the State Treasurer’s Office and that the treasurer will participate in budget development and reporting requirements.

Questions on the floor addressed fiscal implications of creating a director position, the relationship between the proposed advocacy office and the State Office of Education and school land trust programs, and whether a coordinator rather than a director could perform required duties. Representative Kristofferson sought clarification about a revised fiscal note; Representative Kotler asked why a separate office is needed and what problem it solves. Opponents raised concerns that the proposal appeared targeted at personalities rather than systemic problems.

Supporters, including Representative Watkins, said the change would protect trust assets for students and guard against the diversion of trust funds for building construction or other non‑beneficiary purposes. The sponsor said the proposal completes an evolution of trust‑land management and urged support.

After floor debate and adoption of Amendment 1, the House passed the amended bill 53–18. The sponsor indicated a new fiscal note would be produced after the amendment was incorporated. The bill will be transmitted to the Senate for further consideration.