Representative John R. Westwood proposes the following substitute bill:


1     
NAVAJO TRUST FUND AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: John R. Westwood

5     
Senate Sponsor: Kevin T. Van Tassell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Diné Advisory Committee for the Navajo
10     Trust Fund.
11     Highlighted Provisions:
12          This bill:
13          ▸     addresses appointments to the Diné Advisory Committee; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          51-10-206, as enacted by Laws of Utah 2015, Chapter 319
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 51-10-206 is amended to read:
25          51-10-206. Diné Advisory Committee.

26          (1) There is created the Diné Advisory Committee.
27          (2) (a) The governor, with the consent of the Senate, shall appoint nine members to the
28     Diné Advisory Committee.
29          (b) In making an appointment under Subsection (2)(a), the governor shall ensure that
30     the Diné Advisory Committee includes:
31          (i) two registered members of the Aneth Chapter of the Navajo Nation who reside in
32     San Juan County, Utah;
33          (ii) one registered member of the Blue Mountain Diné who resides in San Juan County,
34     Utah;
35          (iii) one registered member of the Mexican Water Chapter of the Navajo Nation who
36     resides in San Juan County, Utah;
37          (iv) one registered member of the Naatsis'áán Chapter of the Navajo Nation who
38     resides in San Juan County, Utah;
39          (v) subject to Subsection (4), two members who reside in San Juan County, Utah, one
40     of whom is a registered member of the Oljato Chapter of the Navajo Nation, and one of whom
41     is a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo
42     Nation;
43          (vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
44     in San Juan County, Utah; and
45          (vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
46     resides in San Juan County, Utah.
47          (3) (a) (i) Each chapter of the Utah Navajo Chapter, except the Aneth, Oljato, and
48     Dennehotso chapters, shall submit to the governor the names of [three] two nominees to the
49     Diné Advisory Committee chosen by the chapter.
50          (ii) The governor shall [select] appoint one of the [three] two persons whose names are
51     submitted under Subsection (3)(a)(i) as that chapter's representative on the Diné Advisory
52     Committee.
53          (b) (i) The Blue Mountain Diné shall submit to the governor the names of [three] two
54     nominees to the Diné Advisory Committee.
55          (ii) The governor shall [select] appoint one of the [three] two persons whose names are
56     submitted under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné

57     Advisory Committee.
58          (c) (i) The Aneth Chapter shall submit to the governor the names of [six] two nominees
59     for each of the two positions to the Diné Advisory Committee [chosen by] representing the
60     [chapter] Aneth Chapter.
61          (ii) The governor shall [select] appoint two of the [six] persons whose names are
62     submitted under Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Diné
63     Advisory Committee, except that the representatives shall be staggered in accordance with
64     Subsection (6) so that only one position is appointed by the governor in a year.
65          (d) (i) [The] Subject to Subsection (3)(d)(iii), Oljato Chapter shall submit to the
66     governor the names of [six] two nominees for each of the two positions to the Diné Advisory
67     Committee [chosen by] representing the [chapter] Oljato Chapter and the Dennehotso Chapter.
68          [(ii) One of the six names submitted under Subsection (3)(d)(i) may be a registered
69     member of the Dennehotso Chapter.]
70          [(iii)] (ii) The governor shall [select] appoint two of the [six] persons whose names are
71     submitted under Subsection (3)(d)(i) to be the representatives on the Diné Advisory Committee
72     of the Oljato and Dennehotso chapters, except that the representatives shall be staggered in
73     accordance with Subsection (6) so that only one position is appointed by the governor in a year.
74          (iii) Notwithstanding Subsection (3)(d)(i), the Dennehotso Chapter may submit one
75     nominee for purposes of the governor appointing a representative of the Oljato Chapter and the
76     Dennehotso Chapter.
77          (e) Before submitting a name to the governor, a Utah Navajo Chapter and the Blue
78     Mountain Diné shall ensure that the individual's whose name is submitted:
79          (i) is an enrolled member of the Navajo Nation;
80          (ii) resides in San Juan County, Utah;
81          (iii) is 21 years of age or older;
82          (iv) is not an officer of the chapter;
83          (v) has not been convicted of a felony; and
84          (vi) is not currently, or within the last 12 months has not been, an officer, director,
85     employee, or contractor of a service provider that solicits, accepts, or receives a benefit from an
86     expenditure of:
87          (A) the Division of Indian Affairs; or

88          (B) the fund.
89          (4) If both members appointed under Subsection (2)(b)(vi) are registered members of
90     the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
91          (5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
92     by this section for Diné Advisory Committee member expenses, a person appointed to the Diné
93     Advisory Committee may not solicit, accept, or receive any benefit from an expenditure of:
94          (i) the Division of Indian Affairs;
95          (ii) the fund; or
96          (iii) the Division of Indian Affairs or fund as an officer, director, employee, or
97     contractor of a service provider that solicits, accepts, or receives a benefit from the expenditure
98     of:
99          (A) the Division of Indian Affairs; or
100          (B) the fund.
101          (b) A member of the Diné Advisory Committee may receive a benefit from an
102     expenditure of the fund if:
103          (i) when the benefit is discussed by the Diné Advisory Committee:
104          (A) the member discloses that the member may receive the benefit;
105          (B) the member physically leaves the room in which the Diné Advisory Committee is
106     discussing the benefit; and
107          (C) the Diné Advisory Committee approves the member receiving the benefit by a
108     unanimous vote of the members present at the meeting discussing the benefit;
109          (ii) a Utah Navajo Chapter requests that the benefit be received by the member;
110          (iii) the member is in compliance with the ethics and conflict of interest policy required
111     under Subsection 51-10-204(2)(c);
112          (iv) (A) the expenditure from the fund is made in accordance with this chapter; and
113          (B) the benefit is no greater than the benefit available to members of the Navajo Nation
114     residing in San Juan County, Utah; and
115          (v) the member is not receiving the benefit as an officer, director, employee, or
116     contractor of a service provider.
117          (6) (a) (i) Except as required in Subsection (6)(a)(ii), as terms of current committee
118     members expire, the governor shall appoint each new member or reappointed member to a

119     four-year term.
120          (ii) The governor shall, at the time of appointment or reappointment, adjust the length
121     of terms to ensure that the terms of committee members are staggered so that approximately
122     half of the Diné Advisory Committee is appointed every two years.
123          (b) Except as provided in Subsection (6)(c), a committee member shall serve until the
124     committee member's successor is appointed and qualified.
125          (c) If a committee member is absent from three consecutive committee meetings, or if
126     the committee member violates the ethical or conflict of interest policies established by statute
127     or the Diné Advisory Committee:
128          (i) the committee member's appointment is terminated;
129          (ii) the position is vacant; and
130          (iii) the governor shall appoint a replacement.
131          (d) When a vacancy occurs in the membership for any reason, the governor shall
132     appoint a replacement for the unexpired term according to the procedures of this section.
133          (e) The governor may appoint an individual to more than one term on the Diné
134     Advisory Committee.
135          (7) (a) The committee members shall select a chair and vice chair from committee
136     membership each two years subsequent to the appointment of new committee members.
137          (b) Five members of the Diné Advisory Committee is a quorum for the transaction of
138     business.
139          (c) The Diné Advisory Committee shall:
140          (i) comply with Title 52, Chapter 4, Open and Public Meetings Act;
141          (ii) ensure that its meetings are held at or near:
142          (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
143          (B) other places in Utah that the Diné Advisory Committee considers practical and
144     appropriate; and
145          (iii) ensure that its meetings are public hearings at which a resident of San Juan
146     County, Utah, may appear and speak.
147          (8) A committee member may not receive compensation or benefits for the committee
148     member's service, but may receive per diem and travel expenses in accordance with:
149          (a) Section 63A-3-106;

150          (b) Section 63A-3-107; and
151          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
152     63A-3-107.
153          (9) The trust administrator shall staff the Diné Advisory Committee.
154          (10) The Diné Advisory Committee shall advise the trust administrator about the
155     expenditure of fund money.