H.B. 119

1

NAVAJO TRUST FUND AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brad King
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions related to the Navajo Trust Fund.
9 Highlighted Provisions:
10 This bill:
11 . permits persons to serve on the Dineh Committee and receive benefits from
12 expenditures of the Navajo Trust Fund if certain conditions are met; and
13 . makes technical changes.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 63-88-107, as last amended by Chapter 176, Laws of Utah 2002
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 63-88-107 is amended to read:
24 63-88-107. Utah Dineh Committee.
25 (1) There is created the Dineh Committee.
26 (2) (a) The governor, with the consent of the Senate, shall appoint nine members to the
27 committee.

28 (b) In making an appointment under Subsection (2)(a), the governor shall ensure that:
29 (i) each member of the committee is an individual:
30 (A) who is an enrolled member of the Navajo Nation; and
31 (B) whose name and tribal number are contained in the trust fund's population
32 database; and
33 (ii) the committee includes:
34 (A) two registered members of the Aneth Chapter of the Navajo Nation who reside in
35 San Juan County, Utah;
36 (B) one registered member of the Blue Mountain Dine' who resides in San Juan
37 County, Utah;
38 (C) one registered member of the Mexican Water Chapter of the Navajo Nation who
39 resides in San Juan County, Utah;
40 (D) one registered member of the Navajo Mountain Chapter of the Navajo Nation who
41 resides in San Juan County, Utah;
42 (E) subject to Subsection (11), two members who reside in San Juan County, Utah:
43 (I) one of which shall be a registered member of the Oljato Chapter of the Navajo
44 Nation; and
45 (II) one of which shall be a registered member of either the Oljato Chapter or the
46 Dennehotso Chapter of the Navajo Nation;
47 (F) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
48 in San Juan County, Utah; and
49 (G) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
50 resides in San Juan County, Utah.
51 (3) (a) (i) Each of the Utah Navajo Chapters, except the Aneth, Oljato, and Dennehotso
52 chapters, shall submit to the governor the names of three nominees to the Dineh Committee
53 chosen by the chapter.
54 (ii) The governor shall select one of the three persons submitted under Subsection
55 (3)(a)(i) as that chapter's representative on the Dineh Committee.
56 (b) (i) The Blue Mountain Dine' shall submit to the governor the names of three
57 nominees to the Dineh Committee.
58 (ii) The governor shall select one of the three persons submitted under Subsection

59 (3)(b)(i) as the Blue Mountain Dine' representative on the Dineh Committee.
60 (c) (i) The Aneth Chapter shall submit to the governor the names of six nominees to
61 the Dineh Committee chosen by the chapter.
62 (ii) The governor shall select two of the six persons submitted under Subsection
63 (3)(c)(i) to be the Aneth Chapter's representatives on the Dineh Committee.
64 (d) (i) The Oljato Chapter shall submit to the governor the names of six nominees to
65 the Dineh Committee chosen by the chapter.
66 (ii) One of the six names submitted under Subsection (3)(d)(i) may be a registered
67 member of the Dennehotso Chapter.
68 (iii) The governor shall select two of the six persons submitted under Subsection
69 (3)(d)(i) to be the representatives on the Dineh Committee of the Oljato and Dennehotso
70 chapters.
71 (4) The governor may not appoint any person who is currently, or who, within the last
72 12 months, has been an officer, director, employee, or contractor of any business enterprise or
73 service provider that solicits, accepts, or receives [monies] a benefit from an expenditure of:
74 (a) the Division of Indian Affairs; or
75 (b) the trust fund established in this chapter.
76 [(5) Other]
77 (5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
78 by this section for Dineh Committee member expenses, a person appointed to the Dineh
79 Committee may not solicit, accept, or receive any [monies from] benefit from an expenditure
80 of:
81 [(a)] (i) the Division of Indian Affairs;
82 [(b)] (ii) the trust fund; or
83 [(c)] (iii) the Division of Indian Affairs or trust fund as an officer, director, employee,
84 or contractor of any business enterprise or service provider that solicits, accepts, or receives
85 [expenditures from] a benefit from the expenditure of:
86 [(i)] (A) the Division of Indian Affairs; or
87 [(ii)] (B) the trust fund.
88 (b) A member of the Dineh Committee may receive a benefit from an expenditure of
89 the trust fund if:

90 (i) when the benefit is discussed by the Dineh Committee:
91 (A) the member discloses that the member may receive the benefit;
92 (B) the member physically leaves the room in which the Dineh Committee is
93 discussing the benefit; and
94 (C) the Dineh Committee approves the member receiving the benefit by a unanimous
95 vote of members present at the meeting discussing the benefit;
96 (ii) a Utah Navajo Chapter requests that the benefit be received by the member;
97 (iii) the member is in compliance with the ethics and conflict of interest policy required
98 under Subsection 63-88-105 (2)(d);
99 (iv) (A) the expenditure from the trust fund is made in accordance with this chapter;
100 and
101 (B) the benefit is no greater than the benefit available to members of the Navajo Nation
102 whose name and tribal number are contained in the trust fund's population database; and
103 (v) the member is not receiving the benefit as an officer, director, employee, or
104 contractor of any business enterprise or service provider.
105 (c) A business enterprise or service provider that has a member as an officer, director,
106 employee, or contractor may not receive a benefit under Subsection (5)(b).
107 (6) (a) (i) Except as required by Subsection (6)(a)(ii), as terms of current committee
108 members expire, the governor shall appoint each new member or reappointed member to a
109 four-year term.
110 (ii) Notwithstanding the requirements of Subsection (6)(a)(i), the governor shall, at the
111 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
112 committee members are staggered so that approximately half of the committee is appointed
113 every two years.
114 (b) Except as provided in Subsection (6)(c), committee members shall serve until their
115 successors are appointed and qualified.
116 (c) (i) If a committee member is absent from three consecutive committee meetings, or
117 if the committee member has violated the ethical or conflict of interest policies established by
118 statute or by the committee[,]:
119 (A) that member's appointment is terminated[,];
120 (B) the position is vacant[,]; and

121 (C) the governor shall appoint a replacement.
122 (ii) When a vacancy occurs in the membership for any reason, the replacement shall be
123 appointed for the unexpired term according to the procedures of this section.
124 (7) (a) The committee shall select a chair and a vice chair from its membership each
125 two years subsequent to the appointment of new members.
126 (b) Five members of the committee are a quorum for the transaction of business.
127 (c) The committee shall:
128 (i) comply with the procedures and requirements of Title 52, Chapter 4, Open and
129 Public Meetings;
130 (ii) ensure that all of its meetings are held at or near:
131 (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
132 (B) other places in Utah that the committee considers practical and appropriate; and
133 (iii) ensure that all of its meetings are public hearings at which any resident of San Juan
134 County may appear and speak.
135 (8) (a) [Members] A member shall receive no compensation or benefits for [their] the
136 member's services, but may receive per diem and expenses incurred in the performance of the
137 member's official duties at the rates established by the Division of Finance under Sections
138 63A-3-106 and 63A-3-107 from the trust fund.
139 (b) [Members] A member may decline to receive per diem and expenses for their
140 service.
141 (9) The Office of Trust Administrator is staff to the committee.
142 (10) The committee shall advise the trust administrator about the expenditure of trust
143 fund monies.
144 (11) If both members appointed under Subsection (2)(b)(ii)(E) are registered members
145 of the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as
146 practicable.

Legislative Review Note
as of 2-9-05 12:17 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel