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TRIBAL LEADERS DESCRIPTION AMENDMENTS

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2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Jani Iwamoto

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House Sponsor: Douglas V. Sagers

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7     LONG TITLE
8     General Description:
9          This bill addresses tribal leaders.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the tribal leaders with which the Division of Indian Affairs is to coordinate
13     meetings; and
14          ▸     makes technical and conforming amendments.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          9-9-104.5, as last amended by Laws of Utah 2013, Chapter 203
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 9-9-104.5 is amended to read:
25          9-9-104.5. Meetings with Tribal Leaders and Native American Indian
26     organizations.
27          (1) The division shall meet regularly with:
28          (a) elected officials of Indian Tribal Nations located in whole or in part in the state; or
29          (b) individuals designated by elected officials of the Indian Tribal Nations described in
30     Subsection (1)(a).
31          (2) (a) Subject to Section 9-9-104.6, at least six times each year, the division shall
32     coordinate and attend a joint meeting of the representatives of tribal governments listed in
33     Subsection (2)(b) for the purpose of coordinating the efforts of state and tribal governments in
34     meeting the needs of the Native American Indians residing in Utah.
35          (b) (i) The representatives to be included in the meeting described in Subsection (2)(a)
36     shall be elected officials, serve as representatives for their entire elected term, and be selected
37     as follows:
38          [(A) as a nonvoting member, an elected official of the Navajo Nation, Window Rock,
39     Arizona, selected by the Navajo Nation, if the Navajo Nation chooses to select an elected
40     official;]
41          [(B)] (A) [the] an elected Navajo Nation council delegate [that] who resides in Utah or
42     Arizona and represents [the] at least one Utah Navajo [Chapters] Chapter, as defined in Section
43     35A-8-1702, [if the council delegate resides in San Juan County, Utah, or if the council
44     delegate does not reside in San Juan County, Utah, a president of a Utah Navajo Chapter
45     selected by the presidents of the Utah Navajo Chapters] selected by the President of the Navajo
46     Nation;
47          [(C)] (B) an elected official of the Ute Indian Tribe of the Uintah and Ouray
48     Reservation selected by the Uintah and Ouray Tribal Business Committee;
49          [(D)] (C) an elected official of the Paiute Indian Tribe of Utah selected by the Paiute
50     Indian Tribe of Utah Tribal Council;
51          [(E)] (D) an elected official of the Northwestern Band of the Shoshone Nation that
52     resides in Utah or Idaho selected by the Northwestern Band of the Shoshone Nation Tribal
53     Council;
54          [(F)] (E) an elected official of the Confederated Tribes of the Goshute selected by the
55     Confederated Tribes of the Goshute Reservation Tribal Council;
56          [(G)] (F) an elected official of the Skull Valley Band of Goshute Indians selected by
57     the Skull Valley Band of Goshute Indian Tribal Executive Committee;
58          [(H) as a nonvoting member, an elected official of the Ute Mountain Ute Tribe,
59     Colorado, selected by the Ute Mountain Ute Tribal Nation, if the Ute Mountain Ute Tribal
60     Nation chooses to select an elected official;]
61          [(I)] (G) an elected official of the Ute Mountain Ute Tribe that resides in Utah or
62     Colorado selected by the Ute Mountain Ute Tribal Council; and
63          [(J)] (H) an elected official of the San Juan Southern Paiute Tribe, residing in Utah or
64     Arizona, selected by the San Juan Southern Paiute Tribal Council.
65          (ii) Notwithstanding Subsection (2)(b)(i), if an elected official of an Indian Tribal
66     Nation provides notice to the division, the Indian Tribal Nation may designate an individual
67     other than the elected official selected under Subsection (2)(b)(i) to represent the Indian Tribal
68     Nation at an individual meeting held under Subsection (2)(a).
69          (iii) A majority of [voting] members listed in Subsection (2)(b)(i) constitutes a quorum
70     for purposes of a meeting held under Subsection (2)(a). An action of a majority of [voting]
71     members present when a quorum is present constitutes action of the representatives for
72     purposes of a meeting described in Subsection (2)(a).
73          (c) (i) A meeting held in accordance with Subsection (2)(a) is subject to Title 52,
74     Chapter 4, Open and Public Meetings Act.
75          (ii) A meeting of representatives listed in Subsection (2)(b) is not subject to the
76     requirements of Title 52, Chapter 4, Open and Public Meetings Act, notwithstanding whether it
77     is held on the same day as a meeting held in accordance with Subsection (2)(a) if:
78          (A) the division does not coordinate the meeting described in this Subsection (2)(c)(ii);
79          (B) no state agency participates in the meeting described in this Subsection (2)(c)(ii);
80          (C) a representative receives no per diem or expenses under this section for attending
81     the meeting described in this Subsection (2)(c)(ii) that is in addition to any per diem or
82     expenses the representative receives under Subsection (2)(d) for attending a meeting described
83     in Subsection (2)(a); and
84          (D) the meeting described in this Subsection (2)(c)(ii) is not held:
85          (I) after a meeting described in Subsection (2)(a) begins; and
86          (II) before the meeting described in Subsection (2)(c)(ii)(D)(I) adjourns.
87          (d) A representative of a tribal government that attends a meeting held in accordance
88     with Subsection (2)(a) may not receive compensation or benefits for the representative's
89     service, but may receive per diem and travel expenses in accordance with:
90          (i) Section 63A-3-106;
91          (ii) Section 63A-3-107; and
92          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
93     63A-3-107.
94          (e) For a meeting described in Subsection (2)(a), only the individuals described in
95     Subsection (2)(b) may receive per diem and expenses, as provided in Subsection (2)(d).
96          (3) The division may meet as necessary with Native American Indian groups other than
97     tribal governments representing the interests of Native American Indians who are citizens of
98     the state residing on or off reservation land.