Representative Angela Romero proposes the following substitute bill:


1     
MURDERED AND MISSING INDIGENOUS WOMEN AND

2     
GIRLS TASK FORCE

3     
2021 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     (task force).
12     Highlighted Provisions:
13          This bill:
14          ▸     creates the task force, addressing:
15               •     membership;
16               •     quorum requirements; and
17               •     compensation for task force members;
18          ▸     requires the Office of Legislative Research and General Counsel to staff the task
19     force; and
20          ▸     specifies duties of the task force.
21     Money Appropriated in this Bill:
22          This bill appropriates:
23          in fiscal year 2021:
24          ▸     to the Legislature - Senate as a one-time appropriation:
25               •     from the General Fund, One-time, $400;

26          ▸     to the Legislature - House of Representatives as a one-time appropriation:
27               •     from the General Fund, One-time, $400; and
28          ▸     to the Legislature - Office of Legislative Research and General Counsel as a
29     one-time appropriation:
30               •     from the General Fund, One-time, $300; and
31          in fiscal year 2022:
32          ▸     to the Legislature - Senate as an ongoing appropriation:
33               •     from the General Fund, $2,800;
34          ▸     to the Legislature - House of Representatives as an ongoing appropriation:
35               •     from the General Fund, $2,800; and
36          ▸     to the Legislature - Office of Legislative Research and General Counsel as an
37     ongoing appropriation:
38               •     from the General Fund, $2,500.
39     Other Special Clauses:
40          This bill provides a special effective date.
41     Utah Code Sections Affected:
42     AMENDS:
43          63I-2-236, as last amended by Laws of Utah 2019, Chapter 389
44     ENACTS:
45          36-29-107.5, Utah Code Annotated 1953
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 36-29-107.5 is enacted to read:
49          36-29-107.5. Murdered and Missing Indigenous Women and Girls Task Force --
50     Creation -- Membership --Quorum -- Compensation -- Staff -- Vacancies -- Duties --
51     Interim report.
52          (1) As used in this section, "task force" means the Murdered and Missing Indigenous
53     Women and Girls Task Force created in Subsection (2).
54          (2) There is created the Murdered and Missing Indigenous Women and Girls Task
55     Force consisting of the following nine members:
56          (a) one member of the Senate appointed by the president of the Senate;

57          (b) one member of the House of Representatives appointed by the speaker of the House
58     of Representatives;
59          (c) the following three members, appointed jointly by the president of the Senate and
60     the speaker of the House of Representatives:
61          (i) a member of a nonprofit organization primarily serving Utah's Native American
62     community;
63          (ii) a representative of a Utah Native American tribe; and
64          (iii) a representative of a victim advocate organization serving Utah's Native American
65     population;
66          (d) the director of the Division of Indian Affairs, or the director's designee;
67          (e) the executive director of the Department of Human Services, or the executive
68     director's designee;
69          (f) the attorney general, or the attorney general's designee; and
70          (g) the commissioner of public safety for the Department of Public Safety, or the
71     commissioner's designee.
72          (3) A vacancy in a position appointed under Subsection (2)(a), (b), or (c) shall be filled
73     by appointing a replacement member in the same manner as the member creating the vacancy
74     was appointed under Subsection (2)(a), (b), or (c).
75          (4) (a) The member of the Senate appointed under Subsection (2)(a) is a cochair of the
76     task force.
77          (b) The member of the House of Representatives appointed under Subsection (2)(b) is
78     a cochair of the task force.
79          (5) (a) A quorum consists of five members.
80          (b) The action of a majority of a quorum constitutes an action of the task force.
81          (6) (a) Salaries and expenses of the members of the task force who are legislators shall
82     be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
83     Legislator Compensation.
84          (b) A member of the task force who is not a legislator:
85          (i) may not receive compensation or benefits for the member's service associated with
86     the task force; and
87          (ii) may receive per diem and travel expenses incurred as a member of the task force at

88     the rates the Division of Finance establishes in accordance with:
89          (A) Sections 63A-3-106 and 63A-3-107; and
90          (B) rules the Division of Finance makes in accordance with Title 63G, Chapter 3, Utah
91     Administrative Rulemaking Act, to carry out the provisions of Sections 63A-3-106 and
92     63A-3-107.
93          (7) The Office of Legislative Research and General Counsel shall provide staff support
94     to the task force.
95          (8) The task force shall:
96          (a) conduct appropriate consultations with tribal governments on the scope and nature
97     of the issues regarding murdered and missing indigenous women and girls;
98          (b) develop model protocols and procedures to apply to new and unsolved cases of
99     murdered or missing indigenous women and girls, including the best practices for:
100          (i) improving the way law enforcement investigators and prosecutors respond to the
101     high volume of the cases, and to the investigative challenges that might be presented in cases
102     involving female victims;
103          (ii) collecting and sharing data among various jurisdictions and law enforcement
104     agencies; and
105          (iii) better use of existing criminal databases;
106          (c) seek input from multi-disciplinary and multi-jurisdictional persons, including
107     representatives from tribal law enforcement and federal agencies, about how to review cold
108     cases involving murdered and missing indigenous women and girls; and
109          (d) address the need for greater clarity concerning roles, authorities, and jurisdiction
110     throughout the lifecycle of cases involving murdered and missing indigenous women and girls
111     by discussing:
112          (i) best practices in cases involving murdered and missing indigenous women and girls,
113     including best practices related to communication with affected families from initiation of an
114     investigation through case resolution or closure; and
115          (ii) education and outreach campaigns for communities that are most affected by crime
116     resulting in murdered and missing indigenous women and girls to identify and reduce the
117     crime.
118          (9) (a) On or before November 30, 2023, the task force shall provide a report to the

119     Law Enforcement and Criminal Justice Interim Committee.
120          (b) The report described in Subsection (9)(a) shall include a summary of the task
121     force's findings under Subsection (8) and recommendations for improvements in the criminal
122     justice and social service systems for preventing and addressing crimes involving murdered and
123     missing indigenous women and girls in the state.
124          Section 2. Section 63I-2-236 is amended to read:
125          63I-2-236. Repeal dates -- Title 36.
126          [Section 36-29-105 is repealed on December 31, 2020.]
127          Section 36-29-107.5 is repealed on November 30, 2023.
128          Section 3. Appropriation.
129          The following sums of money are appropriated for the fiscal year beginning July 1,
130     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
131     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
132     Act, the Legislature appropriates the following sums of money from the funds or accounts
133     indicated for the use and support of the government of the state of Utah.
134     ITEM 1
135          To Legislature - Senate
136               From General Fund, One-time
$400

137               Schedule of Programs:
138                    Administration                         $400
139     ITEM 2
140          To Legislature - House of Representatives
141               From General Fund, One-time
$400

142               Schedule of Programs:
143                    Administration                         $400
144     ITEM 3
145          To Legislature - Office of Legislative Research and General Counsel
146               From General Fund, One-time
$300

147               Schedule of Programs:
148                    Administration                         $300
149          The following sums of money are appropriated for the fiscal year beginning July 1,

150     2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
151     fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
152     Act, the Legislature appropriates the following sums of money from the funds or accounts
153     indicated for the use and support of the government of the state of Utah.
154     ITEM 1
155          To Legislature - Senate
156               From General Fund
$2,800

157               Schedule of Programs:
158                    Administration                         $2,800
159     ITEM 2
160          To Legislature - House of Representatives
161               From General Fund
$2,800

162               Schedule of Programs:
163                    Administration                         $2,800
164     ITEM 3
165          To Legislature - Office of Legislative Research and General Counsel
166               From General Fund
$2,500

167               Schedule of Programs:
168                    Administration                         $2,500
169          The Legislature intends that an appropriation provided under this section be used for
170     expenses relating to the Murdered and Missing Indigenous Women and Girls Task Force as
171     described in Section 36-29-107.5.
172          Section 4. Effective date.
173          If approved by two-thirds of all the members elected to each house, this bill takes effect
174     upon approval by the governor, or the day following the constitutional time limit of Utah
175     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
176     the date of veto override.