Senator Kevin T. Van Tassell proposes the following substitute bill:


1     
UTAH NAVAJO ROYALTIES AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kevin T. Van Tassell

5     
House Sponsor: Jack R. Draxler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to public funds and accounts to provide for a
10     Navajo Trust Fund to replace the Utah Navajo Royalties Holding Fund.
11     Highlighted Provisions:
12          This bill:
13          ▸     exempts the Navajo Trust Fund from the State Money Management Act;
14          ▸     defines terms;
15          ▸     creates the Navajo Trust Fund;
16          ▸     outlines the duties of the Division of Finance, state treasurer, and state auditor with
17     regard to the fund;
18          ▸     provides for the board of trustees of the fund;
19          ▸     outlines powers and duties of the board of trustees;
20          ▸     provides for the appointment of a trust administrator and, if necessary, the creation
21     of the Office of Trust Administrator;
22          ▸     outlines powers and duties of the trust administrator;
23          ▸     requires the attorney general to act as legal counsel to the board;
24          ▸     provides for consultation with state personnel;
25          ▸     addresses expenditures from the fund;

26          ▸     creates the Diné Advisory Committee and provides for its duties;
27          ▸     repeals provisions related to the Utah Navajo Royalties Holding Fund; and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          This bill provides a special effective date.
33     Utah Code Sections Affected:
34     AMENDS:
35          51-7-2, as last amended by Laws of Utah 2013, Chapter 211
36     ENACTS:
37          51-10-101, Utah Code Annotated 1953
38          51-10-102, Utah Code Annotated 1953
39          51-10-201, Utah Code Annotated 1953
40          51-10-202, Utah Code Annotated 1953
41          51-10-203, Utah Code Annotated 1953
42          51-10-204, Utah Code Annotated 1953
43          51-10-205, Utah Code Annotated 1953
44          51-10-206, Utah Code Annotated 1953
45     REPEALS:
46          51-9-501, as enacted by Laws of Utah 2008, Chapter 202
47          51-9-502, as enacted by Laws of Utah 2008, Chapter 202
48          51-9-503, as enacted by Laws of Utah 2008, Chapter 202
49          51-9-504, as last amended by Laws of Utah 2014, Chapter 71
50     

51     Be it enacted by the Legislature of the state of Utah:
52          Section 1. Section 51-7-2 is amended to read:
53          51-7-2. Exemptions from chapter.
54          The following funds are exempt from this chapter:
55          (1) funds invested in accordance with the participating employees' designation or
56     direction pursuant to a public employees' deferred compensation plan established and operated

57     in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;
58          (2) funds of the Workers' Compensation Fund;
59          (3) funds of the Utah State Retirement Board;
60          (4) funds of the Utah Housing Corporation;
61          (5) endowment funds of higher education institutions;
62          (6) permanent and other land grant trust funds established pursuant to the Utah
63     Enabling Act and the Utah Constitution;
64          (7) the State Post-Retirement Benefits Trust Fund;
65          (8) the funds of the Utah Educational Savings Plan; [and]
66          (9) funds of the permanent state trust fund created by and operated under Utah
67     Constitution, Article XXII, Section 4[.]; and
68          (10) the funds in the Navajo Trust Fund.
69          Section 2. Section 51-10-101 is enacted to read:
70     
CHAPTER 10. NAVAJO TRUST FUND ACT

71     
Part 1. General Provisions

72          51-10-101. Title.
73          This chapter is known as the "Navajo Trust Fund Act."
74          Section 3. Section 51-10-102 is enacted to read:
75          51-10-102. Definitions.
76          As used in this chapter:
77          (1) "Administrative expenditure" means:
78          (a) an expenditure for professional services;
79          (b) per diem and travel expenses for the board and the Diné Advisory Committee; and
80          (c) expense reimbursements, salaries, and benefits for the trust administrator and the
81     trust administrator's staff.
82          (2) "Blue Mountain Diné" means the off-reservation Navajo community organization
83     known as the Blue Mountain Diné.
84          (3) "Board" means the board of trustees created in Section 51-10-202.
85          (4) "Business enterprise" means a sole proprietorship, partnership, corporation, limited
86     liability company, or other private entity organized to provide goods or services for a profit.
87          (5) "Diné Advisory Committee" means the committee created in Section 51-10-206.

88          (6) "Fund" means the Navajo Trust Fund created in Section 51-10-201.
89          (7) "Income" means the revenues from investments made by the state treasurer of the
90     fund principal.
91          (8) "Navajos" means San Juan County, Utah, Navajos.
92          (9) "Office of Trust Administrator" means the office created in Section 51-10-203.
93          (10) "Principal" means:
94          (a) the balance of the fund as of July 1, 2015; and
95          (b) the revenue to the fund from whatever source except income.
96          (11) "Service provider" means any of the following that provides a good or service to
97     Navajos:
98          (a) a business enterprise;
99          (b) a private nonprofit organization; or
100          (c) a government entity.
101          (12) "Trust administrator" means the trust administrator selected as provided in
102     Subsection 51-10-202(2).
103          (13) "Utah Navajo Chapter" means one of the following chapters of the Navajo Nation:
104          (a) Aneth Chapter;
105          (b) Mexican Water Chapter;
106          (c) Naatsis'áán Chapter;
107          (d) Oljato Chapter;
108          (e) Dennehotso Chapter;
109          (f) Red Mesa Chapter; and
110          (g) Teec Nos Pos Chapter.
111          Section 4. Section 51-10-201 is enacted to read:
112     
Part 2. Administration of Navajo Trust Fund

113          51-10-201. Fund created.
114          (1) There is created a private-purpose trust fund entitled the "Navajo Trust Fund."
115          (2) The fund consists of:
116          (a) revenue received by the state that represents the 37-1/2% of the net oil royalties
117     from the Aneth Extension of the Navajo Indian Reservation required by Pub. L. No. 72-403, 47
118     Stat. 141, to be paid to the state;

119          (b) money received by the trust administrator from a contract executed by:
120          (i) the trust administrator; or
121          (ii) the board;
122          (c) appropriations made to the fund by the Legislature, if any;
123          (d) income;
124          (e) money related to litigation, including settlement of litigation, related to the royalties
125     described in Subsection (2)(a);
126          (f) the balance of the Utah Navajo Royalties Holding Fund as of July 1, 2015, which
127     shall be transferred to the fund; and
128          (g) other revenue received from other sources.
129          (3) The trust administrator shall account for the receipt and expenditures of fund
130     money in accordance with Subsection 51-10-204(1)(m) and the policies and guidance of the
131     Division of Finance.
132          (4) (a) (i) The state treasurer shall invest the fund money with the primary goal of
133     providing for the stability, income, and growth of the principal.
134          (ii) Nothing in this section requires a specific outcome in investing.
135          (iii) The state treasurer may deduct any administrative costs incurred in managing fund
136     assets from earnings before distributing them.
137          (iv) (A) The state treasurer may employ professional asset managers to assist in the
138     investment of assets of the fund.
139          (B) The state treasurer may only provide compensation to asset managers from
140     earnings generated by the fund's investments.
141          (v) The state treasurer shall invest and manage the fund assets as a prudent investor
142     would, by:
143          (A) considering the purposes, terms, distribution requirements, and other
144     circumstances of the fund; and
145          (B) exercising reasonable care, skill, and caution in order to meet the standard of care
146     of a prudent investor.
147          (vi) In determining whether or not the state treasurer has met the standard of care of a
148     prudent investor, the judge or finder of fact shall:
149          (A) consider the state treasurer's actions in light of the facts and circumstances existing

150     at the time of the investment decision or action, and not by hindsight; and
151          (B) evaluate the state treasurer's investment and management decisions respecting
152     individual assets not in isolation, but in the context of a fund portfolio as a whole as a part of
153     an overall investment strategy that has risk and return objectives reasonably suited to the fund.
154          (b) (i) The fund shall earn interest.
155          (ii) The state treasurer shall deposit the interest or other revenue earned from
156     investment of the fund into the fund.
157          (5) The state auditor shall:
158          (a) conduct an annual audit of the fund's finances, internal controls, and compliance
159     with statutes, rules, and policies in accordance with Title 67, Chapter 3, Auditor; and
160          (b) deliver a copy of the annual audit report to the:
161          (i) board;
162          (ii) trust administrator;
163          (iii) Diné Advisory Committee;
164          (iv) Office of Legislative Research and General Counsel for presentation to the Native
165     American Legislative Liaison Committee, created in Section 36-22-1;
166          (v) governor's office;
167          (vi) Division of Indian Affairs;
168          (vii) Navajo Nation;
169          (viii) United States Bureau of Indian Affairs; and
170          (ix) United States Secretary of the Interior.
171          Section 5. Section 51-10-202 is enacted to read:
172          51-10-202. Board of trustees of the fund -- Trust administrator.
173          (1) (a) There is created a board of trustees of the fund composed of the following three
174     members:
175          (i) the state treasurer;
176          (ii) the director of the Division of Finance; and
177          (iii) the director of the Governor's Office of Management and Budget or the director's
178     designee.
179          (b) The state treasurer is chair of the board.
180          (c) Three members of the board is a quorum.

181          (d) A member may not receive compensation or benefits for the member's service, but
182     may receive per diem and travel expenses in accordance with:
183          (i) Section 63A-3-106;
184          (ii) Section 63A-3-107; and
185          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
186     63A-3-107.
187          (2) (a) The board shall:
188          (i) contract with a person to act as trust administrator in accordance with Title 63G,
189     Chapter 6a, Utah Procurement Code, and when not provided for by this chapter, define the trust
190     administrator's duties; or
191          (ii) if unable to find a qualified person under Subsection (2)(a)(i) to act as trust
192     administrator for a reasonable cost, hire a qualified person to act as trust administrator and,
193     when not provided for in this chapter, define the trust administrator's duties.
194          (b) If the board hires a trust administrator under Subsection (2)(a)(ii), the board may
195     hire or authorize the trust administrator to hire other persons necessary to assist the trust
196     administrator and the board to perform the duties required by this chapter.
197          (3) The board shall:
198          (a) on behalf of the state, act as trustee of the fund and exercise the state's fiduciary
199     responsibilities;
200          (b) meet at least once every other month;
201          (c) review and approve the policies, projections, rules, criteria, procedures, forms,
202     standards, and performance goals established by the trust administrator;
203          (d) review and approve the fund budget prepared by the trust administrator;
204          (e) review the progress reports from programs financed by the fund;
205          (f) review financial records of the fund, including fund receipts, expenditures, and
206     investments; and
207          (g) do any other thing necessary to perform the state's fiduciary obligations under the
208     fund.
209          (4) The attorney general shall:
210          (a) act as legal counsel and provide legal representation to the board; and
211          (b) attend or direct an attorney from the attorney general's office to attend each meeting

212     of the board.
213          (5) The board may consult with knowledgeable state personnel to advise the board on
214     policy and technical matters.
215          Section 6. Section 51-10-203 is enacted to read:
216          51-10-203. Office of Trust Administrator.
217          (1) If the board hires a trust administrator under Subsection 51-10-202(2)(a)(ii), there
218     is created an Office of Trust Administrator.
219          (2) The trust administrator shall administer the office.
220          Section 7. Section 51-10-204 is enacted to read:
221          51-10-204. Trust administrator duties.
222          (1) Under the direction of the board, the trust administrator shall:
223          (a) review the documents and decisions highlighting the history of the fund, including:
224          (i) the Nelson report, prepared as part of the Bigman v. Utah Navajo Development
225     Council, Inc. C77-0031;
226          (ii) the November 1991 performance audit of the fund by the legislative auditor
227     general;
228          (iii) Sakezzie v. Utah Indian Affairs Commission, 198 F. Supp. 218 (1961);
229          (iv) Sakezzie v. Utah Indian Affairs Commission, 215 F. Supp. 12 (1963);
230          (v) the September 8, 1977, consent decree, the stipulation dated November 29, 1984,
231     modifying the consent decree, and the court's memorandum opinion dated September 25, 1978,
232     in Bigman v. Utah Navajo Development Council, Inc. C77-0031; and
233          (vi) rulings related to Pelt v. Utah;
234          (b) review all potential sources of fund revenues;
235          (c) prepare annual projections of money that will be available for Navajo programs;
236          (d) identify the property owned by the fund;
237          (e) establish and maintain a record system and retention schedule to retain records
238     relating to the fund's property and operations, including:
239          (i) records related to the ethics and conflict policy developed under Subsection (2)(c);
240          (ii) requests for proposals and proposals received;
241          (iii) contracts awarded;
242          (iv) project progress and completion reports;

243          (v) invoices; and
244          (vi) purchasing records;
245          (f) review the existing and proposed programs financed by the fund;
246          (g) evaluate whether the programs described in Subsection (1)(f) are the most practical
247     and cost-efficient means to provide the desired benefit to Navajos;
248          (h) consult regularly with the administrators of the programs financed by the fund to
249     obtain progress reports on the programs;
250          (i) attend all meetings of:
251          (i) the Diné Advisory Committee; and
252          (ii) the board;
253          (j) certify that the expenditures of the fund:
254          (i) comply with the state's fiduciary responsibilities as trustee of the fund; and
255          (ii) are consistent with this section;
256          (k) make an annual report:
257          (i) to the:
258          (A) board;
259          (B) governor; and
260          (C) Native American Legislative Liaison Committee, created in Section 36-22-1; and
261          (ii) that:
262          (A) identifies the source and amount of the revenue received by the fund;
263          (B) identifies the recipient, purpose, and amount of the expenditures from the fund;
264          (C) identifies specifically each of the fund's investments and the actual return and the
265     rate of return from each investment; and
266          (D) recommends any necessary statutory changes to improve administration of the fund
267     or to protect the state from liability as trustee;
268          (l) submit a written annual report to the:
269          (i) Division of Indian Affairs;
270          (ii) Navajo Nation;
271          (iii) United States Bureau of Indian Affairs; and
272          (iv) United States Secretary of the Interior;
273          (m) establish, in conjunction with the state treasurer and the Division of Finance,

274     appropriate accounting practices for the fund receipts, expenditures, and investments according
275     to generally accepted accounting principles;
276          (n) provide summary records of fund receipts, expenditures, and investments to the
277     board and to the Diné Advisory Committee at each of their meetings;
278          (o) pay administrative expenses from the fund;
279          (p) report monthly to the board about:
280          (i) the trust administrator's activities; and
281          (ii) the status of the fund; and
282          (q) call additional meetings of the Diné Advisory Committee when necessary.
283          (2) In conjunction with the Diné Advisory Committee and under the direction of the
284     board, the trust administrator shall:
285          (a) before the beginning of each fiscal year, establish a list of the needs of Navajos for
286     that year to be used for the annual budget;
287          (b) before the beginning of each fiscal year, develop and approve an annual budget for
288     the fund;
289          (c) develop an ethics and conflict of interest policy that emphasizes the need to avoid
290     even the appearance of conflict of interest or impropriety that is to apply to:
291          (i) the trust administrator;
292          (ii) the trust administrator's staff; and
293          (iii) the Diné Advisory Committee;
294          (d) require the trust administrator, each of the trust administrator's staff, and each
295     member of the Diné Advisory Committee to sign and keep on file written documentation that
296     acknowledges:
297          (i) their receipt of the ethics and conflict of interest policy described in Subsection
298     (2)(c); and
299          (ii) their willingness to abide by the ethics and conflict of interest policy described in
300     Subsection (2)(c); and
301          (e) make expenditures from the fund:
302          (i) "for the health, education, and general welfare of the Navajo Indians residing in San
303     Juan County" as required by:
304          (A) Pub. L. No. 72-403, 47 Stat. 1418 (1933);

305          (B) Pub. L. No. 90-306, 82 Stat. 121 (1968); and
306          (C) this chapter; and
307          (ii) including expenditure for roads and utilities.
308          (3) The trust administrator, under direction of the board, may:
309          (a) contract with public and private entities; and
310          (b) unless prohibited by law or this chapter, acquire and hold money and other property
311     received in the administration of the fund.
312          Section 8. Section 51-10-205 is enacted to read:
313          51-10-205. Expenditures from the fund.
314          (1) (a) Under the direction of the board, the trust administrator may make expenditures
315     from the fund in accordance with Subsection 51-10-204(2)(e).
316          (b) The board may enter into a cost sharing agreement with one or more governmental
317     entities if the cost sharing agreement is recommended by at least four of the Utah Navajo
318     Chapters.
319          (2) (a) Before making any expenditures from the fund to a service provider, the trust
320     administrator shall:
321          (i) comply with Title 63G, Chapter 6a, Utah Procurement Code; and
322          (ii) review and approve the service provider's entire budget.
323          (b) The trust administrator may require that a service provider modify its budget or
324     meet other conditions precedent established by the trust administrator before the service
325     provider may receive expenditures from the fund.
326          (3) The trust administrator shall make an expenditure from the fund that is not an
327     administrative expenditure by:
328          (a) preparing a written document that:
329          (i) defines specifically how the expenditure from the fund may be used;
330          (ii) establishes any conditions precedent to use of the expenditure; and
331          (iii) requires the recipient of fund money to provide the trust administrator with
332     progress reports detailing how the money has been expended; and
333          (b) obtaining the signature of the recipient on that document before releasing any
334     money from the fund.
335          (4) The trust administrator shall:

336          (a) make rules in accordance with Subsection (6) that:
337          (i) establish policies and criteria for expenditure of fund money; and
338          (ii) establish performance evaluation criteria with which to evaluate the success of
339     expenditures from the fund after they are made;
340          (b) develop procedures, forms, and standards for persons seeking distribution of fund
341     money that implement the policies and criteria established by rule;
342          (c) evaluate the requests for expenditures of fund money against:
343          (i) the policies and criteria established by rule; and
344          (ii) the requestor's success in meeting performance evaluation criteria and goals in any
345     prior receipt of fund money;
346          (d) develop performance goals for each fund expenditure that implement the
347     performance evaluation criteria established in rule; and
348          (e) monitor and evaluate each fund expenditure based upon the performance goals and
349     performance evaluation criteria created under this Subsection (4).
350          (5) The trust administrator may expend fund money for per diem and expenses incurred
351     by the Diné Advisory Committee in performance of official duties.
352          (6) The trust administrator shall make a rule described in Subsection (4)(a):
353          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
354          (b) with the input and recommendation of the Diné Advisory Committee; and
355          (c) with the approval of the board.
356          Section 9. Section 51-10-206 is enacted to read:
357          51-10-206. Diné Advisory Committee.
358          (1) There is created the Diné Advisory Committee.
359          (2) (a) The governor, with the consent of the Senate, shall appoint nine members to the
360     Diné Advisory Committee.
361          (b) In making an appointment under Subsection (2)(a), the governor shall ensure that
362     the Diné Advisory Committee includes:
363          (i) two registered members of the Aneth Chapter of the Navajo Nation who reside in
364     San Juan County, Utah;
365          (ii) one registered member of the Blue Mountain Diné who resides in San Juan County,
366     Utah;

367          (iii) one registered member of the Mexican Water Chapter of the Navajo Nation who
368     resides in San Juan County, Utah;
369          (iv) one registered member of the Naatsis'áán Chapter of the Navajo Nation who
370     resides in San Juan County, Utah;
371          (v) subject to Subsection (4), two members who reside in San Juan County, Utah, one
372     of whom is a registered member of the Oljato Chapter of the Navajo Nation, and one of whom
373     is a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo
374     Nation;
375          (vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
376     in San Juan County, Utah; and
377          (vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
378     resides in San Juan County, Utah.
379          (3) (a) (i) Each chapter of the Utah Navajo Chapter, except the Aneth, Oljato, and
380     Dennehotso chapters, shall submit to the governor the names of three nominees to the Diné
381     Advisory Committee chosen by the chapter.
382          (ii) The governor shall select one of the three persons whose names are submitted
383     under Subsection (3)(a)(i) as that chapter's representative on the Diné Advisory Committee.
384          (b) (i) The Blue Mountain Diné shall submit to the governor the names of three
385     nominees to the Diné Advisory Committee.
386          (ii) The governor shall select one of the three persons whose names are submitted
387     under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné Advisory
388     Committee.
389          (c) (i) The Aneth Chapter shall submit to the governor the names of six nominees to
390     the Diné Advisory Committee chosen by the chapter.
391          (ii) The governor shall select two of the six persons whose names are submitted under
392     Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Diné Advisory Committee.
393          (d) (i) The Oljato Chapter shall submit to the governor the names of six nominees to
394     the Diné Advisory Committee chosen by the chapter.
395          (ii) One of the six names submitted under Subsection (3)(d)(i) may be a registered
396     member of the Dennehotso Chapter.
397          (iii) The governor shall select two of the six persons whose names are submitted under

398     Subsection (3)(d)(i) to be the representatives on the Diné Advisory Committee of the Oljato
399     and Dennehotso chapters.
400          (e) Before submitting a name to the governor, a Utah Navajo Chapter and the Blue
401     Mountain Diné shall ensure that the individual's whose name is submitted:
402          (i) is an enrolled member of the Navajo Nation;
403          (ii) resides in San Juan County, Utah;
404          (iii) is 21 years of age or older;
405          (iv) is not an officer of the chapter;
406          (v) has not been convicted of a felony; and
407          (vi) is not currently, or within the last 12 months has not been, an officer, director,
408     employee, or contractor of a service provider that solicits, accepts, or receives a benefit from an
409     expenditure of:
410          (A) the Division of Indian Affairs; or
411          (B) the fund.
412          (4) If both members appointed under Subsection (2)(b)(vi) are registered members of
413     the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
414          (5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
415     by this section for Diné Advisory Committee member expenses, a person appointed to the Diné
416     Advisory Committee may not solicit, accept, or receive any benefit from an expenditure of:
417          (i) the Division of Indian Affairs;
418          (ii) the fund; or
419          (iii) the Division of Indian Affairs or fund as an officer, director, employee, or
420     contractor of a service provider that solicits, accepts, or receives a benefit from the expenditure
421     of:
422          (A) the Division of Indian Affairs; or
423          (B) the fund.
424          (b) A member of the Diné Advisory Committee may receive a benefit from an
425     expenditure of the fund if:
426          (i) when the benefit is discussed by the Diné Advisory Committee:
427          (A) the member discloses that the member may receive the benefit;
428          (B) the member physically leaves the room in which the Diné Advisory Committee is

429     discussing the benefit; and
430          (C) the Diné Advisory Committee approves the member receiving the benefit by a
431     unanimous vote of the members present at the meeting discussing the benefit;
432          (ii) a Utah Navajo Chapter requests that the benefit be received by the member;
433          (iii) the member is in compliance with the ethics and conflict of interest policy required
434     under Subsection 51-10-204(2)(c);
435          (iv) (A) the expenditure from the fund is made in accordance with this chapter; and
436          (B) the benefit is no greater than the benefit available to members of the Navajo Nation
437     residing in San Juan County, Utah; and
438          (v) the member is not receiving the benefit as an officer, director, employee, or
439     contractor of a service provider.
440          (6) (a) (i) Except as required in Subsection (6)(a)(ii), as terms of current committee
441     members expire, the governor shall appoint each new member or reappointed member to a
442     four-year term.
443          (ii) The governor shall, at the time of appointment or reappointment, adjust the length
444     of terms to ensure that the terms of committee members are staggered so that approximately
445     half of the Diné Advisory Committee is appointed every two years.
446          (b) Except as provided in Subsection (6)(c), a committee member shall serve until the
447     committee member's successor is appointed and qualified.
448          (c) If a committee member is absent from three consecutive committee meetings, or if
449     the committee member violates the ethical or conflict of interest policies established by statute
450     or the Diné Advisory Committee:
451          (i) the committee member's appointment is terminated;
452          (ii) the position is vacant; and
453          (iii) the governor shall appoint a replacement.
454          (d) When a vacancy occurs in the membership for any reason, the governor shall
455     appoint a replacement for the unexpired term according to the procedures of this section.
456          (7) (a) The committee members shall select a chair and vice chair from committee
457     membership each two years subsequent to the appointment of new committee members.
458          (b) Five members of the Diné Advisory Committee is a quorum for the transaction of
459     business.

460          (c) The Diné Advisory Committee shall:
461          (i) comply with Title 52, Chapter 4, Open and Public Meetings Act;
462          (ii) ensure that its meetings are held at or near:
463          (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
464          (B) other places in Utah that the Diné Advisory Committee considers practical and
465     appropriate; and
466          (iii) ensure that its meetings are public hearings at which a resident of San Juan
467     County, Utah, may appear and speak.
468          (8) A committee member may not receive compensation or benefits for the committee
469     member's service, but may receive per diem and travel expenses in accordance with:
470          (a) Section 63A-3-106;
471          (b) Section 63A-3-107; and
472          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
473     63A-3-107.
474          (9) The trust administrator shall staff the Diné Advisory Committee.
475          (10) The Diné Advisory Committee shall advise the trust administrator about the
476     expenditure of fund money.
477          Section 10. Repealer.
478          This bill repeals:
479          Section 51-9-501, Title.
480          Section 51-9-502, Definitions.
481          Section 51-9-503, Purpose statement.
482          Section 51-9-504, Utah Navajo royalties and related issues.
483          Section 11. Effective date.
484          This bill takes effect on July 1, 2015.