S.B. 76 Enrolled

AMENDMENTS TO NAVAJO TRUST FUND
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Beverly Ann Evans

LONG TITLE
General Description:
This bill modifies provisions related to the Navajo Trust Fund chapter.
Highlighted Provisions:
This bill:
. extends the sunset date for the Navajo Trust Fund chapter;
. allows the board of trustees to meet every other month; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63-55-263, as last amended by Chapters 37, 90 and 238, Laws of Utah 2004
63-88-103, as last amended by Chapter 176, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-55-263 is amended to read:
63-55-263. Repeal dates, Titles 63 and 63A.
(1) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
(2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed
July 1, 2007.
(3) The Resource Development Coordinating Committee, created in Section

63-38d-501 , is repealed July 1, 2005.
(4) Title 63, Chapter 38c, State Appropriations and Tax Limitation Act, is repealed July
1, 2005.
(5) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July 1,
2005.
(6) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
and Youth At Risk Act, is repealed July 1, 2006.
(7) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, [2005] 2008.
(8) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund to
provide coverage to nonstate entities, are repealed July 1, 2006.
(9) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2004.
Section 2. Section 63-88-103 is amended to read:
63-88-103. Board of Trustees of the Utah Navajo Trust Fund.
(1) (a) There is created a Board of Trustees of the Utah Navajo Trust Fund composed of
three members[,]:
(i) the State Treasurer[,];
(ii) the Director of the Division of Finance[,]; and
(iii) a state officer or employee appointed by the governor, with the consent of the
Senate, to a four-year term.
(b) The State Treasurer is chair of the board.
(c) Three members of the board are a quorum.
(d) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the board at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(2) (a) The board shall either:

(i) contract with a person [or entity] to act as trust administrator by following the
procedures and requirements of [Title 63,] Chapter 56, Utah Procurement Code and, where not
provided for by this chapter, define [his] the trust administrator's duties and responsibilities; or
(ii) if unable to find a qualified person under Subsection (2)(a)(i) to act as trust
administrator for a reasonable cost, hire a qualified person to act as trust administrator and, where
not provided for by this chapter, define [his] the trust administrator's duties and responsibilities.
(b) If the board hires a trust administrator under authority of Subsection (2)(a)(ii), the
board may hire, or authorize the trust administrator to hire, other persons necessary to assist the
trust administrator and the board to perform the duties required by this chapter.
(3) The board shall:
(a) on behalf of the state, act as trustee of the trust fund and exercise the state's fiduciary
responsibilities;
(b) meet at least [monthly] once every other month;
(c) review and approve all policies, projections, rules, criteria, procedures, forms,
standards, and performance goals established by the trust administrator;
(d) review and approve the trust fund budget prepared by the trust administrator;
(e) review all progress reports from programs financed by the trust fund;
(f) review financial records of the trust fund, including trust fund receipts, expenditures,
and investments; and
(g) do any other things necessary to perform the state of Utah's fiduciary obligations
under the trust fund.
(4) The attorney general shall:
(a) act as legal counsel and provide legal representation to the Board of Trustees; and
(b) attend, or direct an attorney from [his] the attorney general's office to attend, each [of
their meetings] meeting of the Board of Trustees.