Senator David P. Hinkins proposes the following substitute bill:


1     
MURDERED AND MISSING INDIGENOUS WOMEN AND

2     
GIRLS TASK FORCE

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Angela Romero

6     
Senate Sponsor: David P. Hinkins

7     

8     LONG TITLE
9     General Description:
10          This bill creates the Murdered and Missing Indigenous Women and Girls Task Force.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates the task force; and
14          ▸     specifies duties of the task force.
15     Money Appropriated in this Bill:
16          This bill appropriates in fiscal year 2021:
17          ▸     to the Legislature - Senate as a one-time appropriation:
18               •     from the General Fund, $3,200;
19          ▸     to the Legislature - House of Representatives as a one-time appropriation:
20               •     from the General Fund, $3,200;
21          ▸     to the Legislature - Office of Legislative Research and General Counsel as a
22     one-time appropriation:
23               •     from the General Fund, $2,800.
24     Other Special Clauses:
25          This bill provides a repeal date.

26     Utah Code Sections Affected:
27     ENACTS:
28          36-29-107, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 36-29-107 is enacted to read:
32          36-29-107. Murdered and Missing Indigenous Women and Girls Task Force --
33     Creation -- Membership -- Quorum -- Compensation -- Staff -- Vacancies -- Duties --
34     Interim Report.
35          (1) As used in this section, "task force" means the Murdered and Missing Indigenous
36     Women and Girls Task Force created in Subsection (2).
37          (2) There is created a Murdered and Missing Indigenous Women and Girls Task Force
38     consisting of the following nine members:
39          (a) one member of the Senate appointed by the president of the Senate;
40          (b) one member of the House of Representatives appointed by the speaker of the House
41     of Representatives;
42          (c) the following three members, appointed jointly by the president of the Senate and
43     the speaker of the House of Representatives:
44          (i) a member of a nonprofit organization primarily serving Utah's Native American
45     community;
46          (ii) a representative of a Utah Native American tribe; and
47          (iii) a representative of a victim advocate organization serving Utah's Native American
48     population;
49          (d) the director of the Division of Indian Affairs, or the director's designee;
50          (e) the executive director of the Department of Human Services, or the executive
51     director's designee;
52          (f) the attorney general, or the attorney general's designee; and
53          (g) the commissioner of public safety for the Department of Public Safety, or the
54     commissioner's designee.
55          (3) A vacancy in a position appointed under Subsection (2)(a), (b), or (c) shall be filled
56     by appointing a replacement member in the same manner as the member creating the vacancy

57     was appointed under Subsection (2)(a), (b), or (c).
58          (4) (a) The senator appointed under Subsection (2)(a) is a cochair of the task force.
59          (b) The member of the House of Representatives appointed under Subsection (2)(b) is
60     a cochair of the task force.
61          (5) (a) A quorum consists of five members.
62          (b) The action of a majority of a quorum constitutes an action of the task force.
63          (6) (a) Salaries and expenses of the members of the task force who are legislators shall
64     be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
65     Legislator Compensation.
66          (b) A member of the task force who is not a legislator:
67          (i) may not receive compensation or benefits for the member's service associated with
68     the task force; and
69          (ii) may receive per diem and travel expenses incurred as a member of the task force at
70     the rates established by the Division of Finance in accordance with Sections 63A-3-106 and
71     63A-3-107 and rules made by the Division of Finance pursuant to Sections 63A-3-106 and
72     63A-3-107.
73          (7) The Office of Legislative Research and General Counsel shall provide staff support
74     to the task force.
75          (8) The task force shall:
76          (a) conduct appropriate consultations with tribal governments on the scope and nature
77     of the issues regarding missing and murdered indigenous women and girls;
78          (b) develop model protocols and procedures to apply to new and unsolved cases of
79     missing or murdered indigenous women and girls, including the best practices for:
80          (i) improving the way law enforcement investigators and prosecutors respond to the
81     high volume of the cases, and to the investigative challenges that might be presented in cases
82     involving female victims;
83          (ii) collecting and sharing data among various jurisdictions and law enforcement
84     agencies; and
85          (iii) better use of existing criminal databases;
86          (c) seek input from multi-disciplinary and multi-jurisdictional persons, including
87     representatives from tribal law enforcement and federal agencies, about how to review cold

88     cases involving missing and murdered indigenous women and girls; and
89          (d) address the need for greater clarity concerning roles, authorities, and jurisdiction
90     throughout the lifecycle of cases involving missing and murdered indigenous women and girls
91     by discussing:
92          (i) best practices in cases involving missing and murdered indigenous women and girls,
93     including best practices related to communication with affected families from initiation of an
94     investigation through case resolution or closure; and
95          (ii) education and outreach campaigns for communities that are most affected by crime
96     resulting in missing and murdered indigenous women and girls to identify and reduce the
97     crime.
98          (9) (a) On or before November 30, 2020, the task force shall provide a report to the
99     Law Enforcement and Criminal Justice Interim Committee.
100          (b) The report shall include a summary of the task force's findings under Subsection (8)
101     and recommendations for improvements in the criminal justice and social service systems for
102     preventing and addressing crimes involving missing and murdered indigenous women and girls
103     in Utah.
104          Section 2. Appropriation.
105          The following sums of money are appropriated for the fiscal year beginning July 1,
106     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
107     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
108     Act, the Legislature appropriates the following sums of money from the funds or accounts
109     indicated for the use and support of the government of the state of Utah.
110     ITEM 1
111          To Legislature - Senate
112               From General Fund, One-time
$3,200

113               Schedule of Programs:
114                    Administration                    $3,200
115     ITEM 2
116          To Legislature - House of Representatives
117               From General Fund, One-time
$3,200

118               Schedule of Programs:

119                    Administration                    $3,200
120     ITEM 3
121          To Legislature - Office of Legislative Research and General Counsel
122               From General Fund, One-time
$2,800

123               Schedule of Programs:
124                    Administration                    $2,800
125          The Legislature intends that an appropriation provided under these items be used for
126     expenses relating to the Murdered and Missing Indigenous Women and Girls Task Force as
127     described in Section 36-29-107.
128          Section 3. Repeal date.
129          Section 36-29-107 is repealed on November 30, 2020.