Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 483 (2025GS)

Sponsor

Rep. Walter, R. Neil

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the director of the School and Institutional Trust Lands Administration (administration) to complete a valuation of the administration's land portfolio every five years;
• requires the director to report annually to the Legislature:
• the activities of the administration;
• an approximate valuation of the administration's land portfolio;
• an audited financial statement of the administration; and
• an account of the total amount of funds distributed by the administration;
• modifies the list of activities and penalties for illegal activities on trust lands;
• provides the circumstances under which the state shall offer for sale trust lands subject to a lease or permit; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

63
53C-1-303
53C-1-307
53C-2-301
53C-4-102
53D-1-101
53D-2-101
0
School and Institutional Trust Lands Administration Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: R. Neil Walter
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill addresses provisions related to school and institutional trust lands.
Highlighted Provisions:
This bill:
requires the director of the School and Institutional Trust Lands Administration 
(administration) to complete a valuation of the administration's land portfolio every five 
years;
requires the director to report annually to the Legislature:
the activities of the administration;
an approximate valuation of the administration's land portfolio;
an audited financial statement of the administration; and
an account of the total amount of funds distributed by the administration;
modifies the list of activities and penalties for illegal activities on trust lands;
provides the circumstances under which the state shall offer for sale trust lands subject to 
a lease or permit; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53C-1-303
, as last amended by Laws of Utah 2012, Chapter 224
53C-2-301
, as last amended by Laws of Utah 2020, Chapter 123
53C-4-102
, as last amended by Laws of Utah 2018, Chapter 13
ENACTS:
53C-1-307
, Utah Code Annotated 1953
REPEALS:
53D-1-101
, as last amended by Laws of Utah 2018, Chapter 448
53D-2-101
, as enacted by Laws of Utah 2018, Chapter 448
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53C-1-303
 is amended to read:
53C-1-303
. Responsibilities of director -- Budget review -- Legal counsel -- 
Contract for services.
(1)
In carrying out the policies of the board of trustees and in establishing procedures and 
rules
,
 the director shall:
(a)
take an oath of office before assuming any duties as the director;
(b)
adopt procedures and rules necessary for the proper administration of matters 
entrusted to the director by state law and board policy;
(c)
submit to the board for its review and concurrence on any rules necessary for the 
proper management of matters entrusted to the administration;
(d)
faithfully manage the administration under the policies established by the board;
(e)
submit to the board for public inspection an annual management budget and financial 
plan for operations of the administration and, after approval by the board, submit the 
budget to the governor;
(f)
direct and control the budget expenditures as finally authorized and appropriated;
(g)
establish job descriptions and employ, within the limitation of the budget, staff 
necessary to accomplish the purposes of the office subject to Section 
53C-1-201
;
(h)
establish, in accordance with generally accepted principles of fund accounting, a 
system to identify and account for the assets and vested interests of each beneficiary;
(i)
complete an approximate valuation of the administration's entire land portfolio every 
five years by estimating the value of no less than 10% of the administration's land 
portfolio each year;
(i)
(j)
notify the primary beneficiary representative's designee regarding the trusts listed 
in Subsection 
53C-1-103(7)
 on major items that the director knows may be useful to 
the primary beneficiary representative's designee in protecting beneficiary rights;
(j)
(k)
permit the primary beneficiary representative's designee regarding a trust listed 
in Subsection 
53C-1-103(7)
 reasonable access to inspect records, documents, and 
other trust property pertaining to that trust, provided that the primary beneficiary 
representative's designee shall maintain confidentiality if confidentiality is required 
of the director;
(k)
(l)
maintain appropriate records of trust activities to enable auditors appointed by 
appropriate state agencies or the board to conduct periodic audits of trust activities;
(l)
(m)
provide that all leases, contracts, and agreements be submitted to legal counsel 
for review of compliance with applicable law and fiduciary duties prior to execution 
and utilize the services of the attorney general as provided in Section 
53C-1-305
;
(m)
(n)
keep the board, beneficiaries, governor, Legislature, and the public informed 
about the work of the director and administration by
:
(i)
submitting an annual report described in Section 
53C-1-307
; and
(ii)
reporting to the board in a public meeting at least once during each calendar 
quarter; and
(n)
(o)
respond in writing within a reasonable time to a request by the board or the 
primary beneficiary representative's designee regarding a trust listed in Subsection 
53C-1-103(7)
 for responses to questions on policies and practices affecting the 
management of the trust.
(2)
The administration shall be the named party in substitution of the Division of State 
Lands and Forestry or its predecessor agencies, with respect to all documents affecting 
trust lands from the effective date of this act.
(3)
The director may:
(a)
with the consent of the state risk manager and the board, manage lands or interests in 
lands held by any other public or private party pursuant to policies established by the 
board and may make rules to implement these board policies;
(b)
sue or be sued as the director of school and institutional trust lands;
(c)
contract with other public agencies for personnel management services;
(d)
contract with any public or private entity to make improvements to or upon trust 
lands and to carry out any of the responsibilities of the office, so long as the contract 
requires strict adherence to trust management principles, applicable law and 
regulation, and is subject to immediate suspension or termination for cause; and
(e)
with the approval of the board enter into joint ventures and other business 
arrangements consistent with the purposes of the trust.
(4)
Any application or bid required for the lease, permitting, or sale of lands in a 
competitive process or any request for review pursuant to Section 
53C-1-304
 shall be 
considered filed or made on the date received by the appropriate administrative office, 
whether transmitted by United States mail or in any other manner.
Section 2, Section 
53C-1-307
 is enacted to read:
53C-1-307
. Annual report.
(1)
At the end of each fiscal year, the director shall publish an annual report of the 
administration's activities for the preceding fiscal year.
(2)
The report described in Subsection 
(1)
 shall contain:
(a)
an account of the administration's activities for the preceding fiscal year;
(b)
financial statements of the administration that are audited by the state auditor or an 
independent auditor engaged by the state auditor in accordance with Subsection 
67-3-1(3)
;
(c)
by no later than June 30, 2029, and annually thereafter, the most recent approximate 
valuation of the administration's land portfolio as required in Subsection 
53C-1-303(1)(i)
; and
(d)
an account of the total amount of funds distributed by the administration to the 
School and Institutional Trust Fund Office in accordance with Subsection 
53C-3-102(1)
.
Section 3, Section 
53C-2-301
 is amended to read:
53C-2-301
. Illegal activities on trust lands -- Penalties.
(1)
A person is liable for the civil damages prescribed in Subsection 
(2)
 and is guilty of a 
criminal offense specified in Subsection 
(4)
 if the person intentionally, knowingly, or 
recklessly, and without written authorization from the director:
(a)
removes, extracts, uses, consumes, or destroys a mineral resource, gravel, sand, soil, 
vegetation, water resource, or improvement on trust lands;
(b)
grazes livestock on trust lands;
(c)
uses, occupies, or constructs improvements or structures on trust lands;
(d)
uses or occupies trust lands for more than 30 days after the cancellation or 
expiration of written authorization;
(e)
knowingly and willfully uses trust lands for commercial gain;
(f)
appropriates, alters, injures, or destroys an improvement or historical, prehistorical, 
archaeological, or paleontological resource on trust lands;
(g)
(a)
trespasses upon, 
uses, commits waste, dumps refuse
 on
, or occupies trust land;
(h)
(b)
interferes with the activities of an employee or agent of the administration on 
trust lands; or
(i)
(c)
interferes with activities of a lessee or other person that have been authorized by 
the administration, whether or not the trust land has been withdrawn from occupancy 
or use pursuant to Subsection 
53C-2-105(1)(b)
.
(2)
A person who commits an act described in Subsection 
(1)
 is liable for damages in the 
amount of whichever of the following is greatest:
(a)
three times the value at the point of sale of the mineral or other resource removed, 
destroyed, or extracted;
(b)
three times the amount of damage committed;
(c)
three times the cost to cure the damage;
(d)
three times the value of any losses suffered as a result of interference with authorized 
activities; or
(e)
three times the consideration which would have been charged by the director for use 
of the land during the period of trespass.
(3)
In addition to the damages described in Subsection 
(2)
, a person found guilty of a 
criminal act under Subsection 
(1)
 is subject to the penalties provided in 
Title 76, Chapter 
3, Punishments
, as specified in Subsection 
(4)
.
(4)
A violation of this section is a:
(a)
second degree felony if the actor's conduct causes property injury or damage, or 
pecuniary loss equal to or in excess of $5,000 in value;
(b)
third degree felony if the actor's conduct causes property injury or damage, or 
pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(c)
class A misdemeanor if the actor's conduct causes property injury or damage, or 
pecuniary loss equal to or in excess of $500 but is less than $1,500 in value;
 and
(d)
class B misdemeanor if the actor's conduct causes property injury or damage, or 
pecuniary loss less than $500 in value
.
; and
(e)
an infraction if the actor's conduct causes no property injury, damage, or pecuniary 
loss.
(5)
The director shall deposit money collected under this section in the fund in which like 
revenues from that land would be deposited.
(6)
The director may award a portion of any of the damages collected under this section in 
excess of actual damages to the general fund of the county in which the trespass 
occurred as a reward for county assistance in the apprehension and prosecution of the 
trespassing party.
Section 4, Section 
53C-4-102
 is amended to read:
53C-4-102
. Sale of trust lands -- Fair market value -- Determination of sale -- 
Advertising proposed sales -- Sale procedures -- Defaults.
(1)
Trust lands may not be sold for less than the fair market value.
(2)
(a)
The director shall determine whether disposal or retention of all or a portion of a 
property interest in trust lands is in the best interest of the trust.
(b)
When it is determined that the disposal of an interest in trust lands is in the best 
interest of the applicable trust, the transaction shall be accomplished in an orderly 
and timely manner.
(3)
The director shall advertise any proposed sale, lease, or exchange of an interest in trust 
lands in a reasonable manner consistent with the director's fiduciary responsibilities.
(4)
(a)
Any tract of trust land may be subdivided and sold, leased, or exchanged in 
accordance with a plan, contract, or other action designating the land to be 
subdivided that is approved by the director.
(b)
The director may survey the tract and direct its subdivision.
(c)
A plat of the survey shall be filed with the county recorder of the county in which the 
land is located and with the administration.
(5)
Sale conditions, including qualification of prospective purchasers, shall be in 
accordance with accepted mortgage lending and real estate practices.
(6)
Upon the sale of land, the director shall issue to the purchaser a certificate of sale which 
describes the land purchased and states the amount paid, the amount due, and the time 
when the principal and interest will become due.
(7)
Upon payment in full of principal and interest, payment in full of any amounts required 
to be paid for the partial release of property, or acceptance of appropriate conveyance 
documents in satisfaction of a land exchange, the governor, or the governor's designee, 
shall issue a patent to the purchaser, heir, assignee, successor in interest, or other grantee 
as determined by the director.
(8)
(a)
If a purchaser of trust lands defaults in the payment of any installment of principal 
or interest due under the terms of the contract of sale, the director shall notify the 
purchaser that if the default is not corrected within 30 days after issuance of the 
notice the director shall proceed with any remedy which the administration may 
pursue under law or the contract of sale.
(b)
The notice shall be sent by registered or certified mail to the purchaser at the latest 
address as shown by the records of the administration.
(c)
If the default is not corrected by compliance with the requirements of the notice of 
default within the time provided by the notice, the director may pursue any available 
remedy under the contract of sale, including forfeiture.
(d)
If forfeited lands are sold again to the same purchaser, the sale may be made by a 
new and independent contract without regard to the forfeited agreement.
(9)
The director shall offer for sale any trust lands subject to a valid surface lease agreement 
or permit to the owner of the lease or permit if:
(a)
the director approves the sale of the trust lands;
(b)
the owner of the lease or permit agrees to pay fair market value, which may not 
exceed an amount equal to the highest credible offer received for the trust lands;
(c)
the owner of the lease or permit has held the lease or permit for at least 25 
consecutive years;
(d)
the trust lands offered for sale are not greater than 640 acres; and
(e)
the trust lands do not have an authorized point of public access at the time of sale.
Section 5, 
Repealer.
Title.
Title.
Section 6. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
3-13-25 12:23 PM