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H.J.R. 32

             1     

JOINT RESOLUTION APPROVING THE PELT CASE

             2     
FINAL SETTLEMENT AGREEMENT

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: David Clark

             6     
Senate Sponsor: Michael G. Waddoups

             7     
             8      LONG TITLE
             9      General Description:
             10          This resolution approves the final settlement agreement in the Pelt case.
             11      Highlighted Provisions:
             12          This resolution:
             13          .    approves the final settlement agreement in the Pelt v. State of Utah case.
             14      Special Clauses:
             15          None
             16     
             17      Be it resolved by the Legislature of the state of Utah:
             18          WHEREAS, the State of Utah was sued by certain Utah Navajos, as beneficiaries of the
             19      Utah Navajo Trust Fund, alleging violation of the State of Utah's responsibility as trustee to
             20      administer the Utah Navajo Trust Fund;
             21          WHEREAS, the plaintiffs moved to certify the case as a class action, which the federal
             22      district court granted;
             23          WHEREAS, the parties have entered into a final settlement agreement;
             24          WHEREAS, by entering into this settlement, the state of Utah agrees, if the settlement
             25      is approved by the United States District Court, to pay $33,000,000 as full settlement of the
             26      lawsuit as follows: $1,000,000 upon final approval of the settlement by the Court or July15,
             27      2010, whichever is later; $5,000,000 to be paid on July 15, 2011; $13,500,000 to be paid on


             28      July 16, 2012; and $13,500,000 to be paid on July 15, 2013;
             29          WHEREAS, by entering into this settlement, all Utah Navajos and others who may
             30      have a claim against the state concerning the trust fund release, on the merits and with
             31      prejudice, all claims, causes of action, damages, or other forms of relief from the time the
             32      Navajo trust fund was created until July 1, 1992;
             33          WHEREAS, a settlement of more than $1,000,000 requires the Governor's and the
             34      Legislature's approval before a government entity may sign such an agreement;
             35          WHEREAS, the Governor approved the final settlement agreement on March 3, 2010:
             36          NOW, THEREFORE, BE IT RESOLVED that the Utah Legislature approves the Pelt
             37      v. State of Utah Final Settlement Agreement.




Legislative Review Note
    as of 3-3-10 12:13 PM


Office of Legislative Research and General Counsel


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