S.B. 100 Enrolled

INDIAN AFFAIRS AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Beverly Ann Evans
This act modifies provisions of the Utah Division of Indian Affairs Act related to
meetings between the division and tribal leaders including clarifying when the open and
public meetings requirements apply and allowing specified state agencies to participate in
certain meetings. This act repeals the State Native American Coordinating Board. This
act makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
9-9-104.5, as enacted by Chapter 50, Laws of Utah 1999
ENACTS:
9-9-104.6, Utah Code Annotated 1953
REPEALS:
9-9-111, as last amended by Chapter 64, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-9-104.5 is amended to read:
9-9-104.5. Meetings with tribal leaders and Indian groups.
(1) The division shall meet regularly with:
(a) elected officials of Indian tribes located in whole or in part in the state; or
(b) individuals designated by elected officials of [those] the tribes described in
Subsection (1)(a).
(2) (a) [At] Subject to Section 9-9-104.6 , at least six times each year, the division shall
coordinate and attend a joint meeting of the representatives of tribal governments [of Indian
tribes located in whole or in part in the state] listed in Subsection (2)(b) for the purpose of
coordinating the efforts of state and tribal governments in meeting the needs of the Native
Americans residing in the state.
(b) (i) The representatives to be included in the meeting described in Subsection (2)(a)

shall be selected as follows:
(A) an elected official of the Navajo Nation that resides in San Juan County selected by
the Navajo Nation government;
(B) an elected official of the Northern Ute tribe selected by the Ute Business Committee;
(C) an elected official of the Paiute Indian tribe selected by the Paiute Indian Tribal
Council;
(D) an elected official of the Northwestern Board of Shoshoni Nation that resides in
Northern Utah selected by the Northwestern Band of Shoshoni Tribal Council;
(E) an elected official of the Ibapah Band of Goshute Indians that resides in Ibapah
selected by the Goshute Indian Tribal Council;
(F) an elected official of the Skull Valley Band of Goshute Indians selected by the
Goshute Indian Tribal Council;
(G) an elected official of the [White Mesa] Ute Mountain Ute Tribe that resides in [the
state] Utah selected by the [White Mesa] Ute Mountain Ute Council; and
(H) an elected official of the San Juan Southern Paiute Tribe selected by the San Juan
Southern Paiute tribal government.
(ii) Notwithstanding Subsection (2)(b)(i), if an elected official of an Indian tribe provides
notice to the division, the Indian tribe may designate an individual other than the elected official
selected under Subsection (2)(b)(i) to represent the Indian tribe at a meeting held under
Subsection (2)(a).
(c) (i) A meeting held in accordance with Subsection (2)(a) is subject to Title 52, Chapter
4, Open and Public Meetings.
(ii) A meeting of representatives listed in Subsection (2)(b) is not subject to the
requirements of Title 52, Chapter 4, Open and Public Meetings, notwithstanding whether it is
held on the same day as a meeting held in accordance with Subsection (2)(a) if:
(A) the division does not coordinate the meeting described in this Subsection (2)(c)(ii);
(B) no state agency participates in the meeting described in this Subsection (2)(c)(ii);
(C) a representative receives no per diem or expenses under this section for attending the

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meeting described in this Subsection (2)(c)(ii) that in addition to any per diem or expenses the
representative receives under Subsection (2)(d) for attending a meeting described in Subsection
(2)(a); and
(D) the meeting described in this Subsection (2)(c)(ii) is not held:
(I) after a meeting described in Subsection (2)(a) begins; and
(II) before the meeting described in Subsection (2)(c)(ii)(D)(I) adjourns.
(d) (i) The representative selected under Subsection (2)(b) that attends a meeting held in
accordance with Subsection (2)(a) who does not receive compensation, per diem, or expenses
from the tribal government specifically for the representative's attendance at that meeting may
receive per diem and expenses incurred in attending the meeting at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) A representative of a tribal government that attends a meeting held in accordance
with Subsection (2)(a) may decline to receive per diem and expenses for the representative's
attendance.
(iii) For each meeting, only one individual from each tribe may receive per diem and
expenses, as provided in Subsection (2)(d).
(3) The division may meet as necessary with Indian groups other than tribal governments
representing the interests of Native Americans who are citizens of the state residing on or off
reservation land.
Section 2. Section 9-9-104.6 is enacted to read:
9-9-104.6. Participation of state agencies in meetings with tribal leaders.
(1) For at least three of the joint meetings described in Subsection 9-9-104.5 (2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
36-22-1 ;
(b) the governor or the governor's designee;

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(c) a representative appointed by the chief administrative officer of the following:
(i) the Department of Health;
(ii) the Department of Human Services;
(iii) the Department of Workforce Services;
(iv) the State Office of Education; and
(v) the State Board of Regents.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate by no later than July 1, 2003 the name of a contact person for that agency
that can assist in coordinating the efforts of state and tribal governments in meeting the needs of
the Native Americans residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to the:
(i) Department of Agriculture and Food;
(ii) Department of Community and Economic Development;
(iii) Department of Corrections;
(iv) Department of Environmental Quality;
(v) Department of Natural Resources;
(vi) Department of Public Safety;
(vii) Department of Transportation;
(viii) Office of the Attorney General; and
(ix) State Tax Commission.
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) Salaries and expenses of a legislator participating in accordance with this section
in a meeting described in Subsection (1) shall be paid in accordance with Section 36-2-2 and

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Joint Rule 15.03.
(b) A state government officer or employee may receive per diem and expenses at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 for
participating in a meeting described in Subsection (1) if the officer or employee:
(i) participates in the meeting in accordance with this section; and
(ii) does not receive salary, per diem, or expenses from the officer's or employee's agency
for participating in the meeting.
(c) A state government officer or employee that participates in a meeting described in
Subsection (1) may decline to receive per diem and expenses for participating in the meeting.
Section 3. Repealer.
This act repeals:
Section 9-9-111, State coordinating board -- Chair -- Quorum -- Creation -- Power --
Duties.

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