Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 215 First Substitute (2018GS)

Sponsor

Rep. Westwood, J.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires that the chair of the Diné Advisory Committee or the chair's designee be a member of the Navajo Revitalization Fund Board;
• addresses appointments to the Diné Advisory Committee; and
• makes technical changes.

Every vote on this bill

Bill text

NAVAJO TRUST FUND AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John R. Westwood
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to the Diné Advisory Committee for the Navajo
Trust Fund.
Highlighted Provisions:
This bill:
▸ requires that the chair of the Diné Advisory Committee or the chair's designee be a
member of the Navajo Revitalization Fund Board;
▸ addresses appointments to the Diné Advisory Committee; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-8-1705
, as last amended by Laws of Utah 2016, Chapter 348
51-10-206
, as enacted by Laws of Utah 2015, Chapter 319
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-8-1705
 is amended to read:
35A-8-1705.
Navajo Revitalization Fund Board.
(1) There is created within the division the Navajo Revitalization Fund Board
composed of five members as follows:
(a) the governor or the governor's designee;
(b) the two members of the San Juan County commission whose districts include
portions of the Navajo Reservation;
(c) the chair of the Navajo Utah Commission or a member of the commission
designated by the chair of the Navajo Utah Commission; and
[
(d) beginning July 1, 2008, a president of a Utah Navajo Chapter or an individual
designated by the president under an annual rotation system of Utah Navajo Chapters as
follows:
]
[
(i) the president of a Utah Navajo Chapter shall serve for one year;
]
[
(ii) the Utah Navajo Chapter is rotated in alphabetical order as provided in Subsection
35A-8-1702
(7), except that the rotation will begin on July 1, 2008, with the Dennehotso
Chapter;
]
[
(iii) if the president of a Utah Navajo Chapter under Subsection (1)(d)(ii) is the same
individual as the individual listed in Subsection (1)(c):
]
[
(A) that Utah Navajo Chapter is skipped as part of that rotation; and
]
[
(B) the president of the next Utah Navajo Chapter in the alphabetical rotation shall
serve on the board.
]
(d) the chair of the Diné Advisory Committee created under Section 
51-10-206
 or the
chair's designee who is a member of the Diné Advisory Committee.
(2) The term of office for a member of the board described in Subsections (1)(a)
through (c) runs concurrently with the term of office for the governor, county commissioner, or
member of the Navajo Utah Commission.
(3) (a) The governor, or the governor's designee, is the chair of the board.
(b) The chair shall call necessary meetings.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) The per diem and travel expenses permitted under Subsection (4) may be included
as costs of administration of the revitalization fund.
(6) Four board members are a quorum.
(7) An affirmative vote of each member of the board present at a meeting when a
quorum is present is required for a board decision related to money in or disbursed from the
revitalization fund.
Section 2. Section 
51-10-206
 is amended to read:
51-10-206.
 Diné Advisory Committee.
(1) There is created the Diné Advisory Committee.
(2) (a) The governor, with the consent of the Senate, shall appoint nine members to the
Diné Advisory Committee.
(b) In making an appointment under Subsection (2)(a), the governor shall ensure that
the Diné Advisory Committee includes:
(i) two registered members of the Aneth Chapter of the Navajo Nation who reside in
San Juan County, Utah;
(ii) one registered member of the Blue Mountain Diné who resides in San Juan County,
Utah;
(iii) one registered member of the Mexican Water Chapter of the Navajo Nation who
resides in San Juan County, Utah;
(iv) one registered member of the Naatsis'áán Chapter of the Navajo Nation who
resides in San Juan County, Utah;
(v) subject to Subsection (4), two members who reside in San Juan County, Utah, one
of whom is a registered member of the Oljato Chapter of the Navajo Nation, and one of whom
is a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo
Nation;
(vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
in San Juan County, Utah; and
(vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
resides in San Juan County, Utah.
(3) (a) (i) Each chapter of the Utah Navajo Chapter, except the Aneth, Oljato, and
Dennehotso chapters, shall submit to the governor the names of [
three
] 
two
 nominees to the
Diné Advisory Committee chosen by the chapter.
(ii) The governor shall [
select
] 
appoint
 one of the [
three
] 
two
 persons whose names are
submitted under Subsection (3)(a)(i) as that chapter's representative on the Diné Advisory
Committee.
(b) (i) The Blue Mountain Diné shall submit to the governor the names of [
three
] 
two
nominees to the Diné Advisory Committee.
(ii) The governor shall [
select
] 
appoint
 one of the [
three
] 
two
 persons whose names are
submitted under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné
Advisory Committee.
(c) (i) The Aneth Chapter shall submit to the governor the names of [
six
] 
two
 nominees
for each of the two positions
 to the Diné Advisory Committee [
chosen by
] 
representing
 the
[
chapter
] 
Aneth Chapter
.
(ii) The governor shall [
select
] 
appoint
 two of the [
six
] persons whose names are
submitted under Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Diné
Advisory Committee
, except that the representatives shall be staggered in accordance with
Subsection (6) so that only one position is appointed by the governor in a year
.
(d) (i) [
The
] 
Subject to Subsection (3)(d)(iii),
 Oljato Chapter shall submit to the
governor the names of [
six
] 
two
 nominees 
for each of the two positions
 to the Diné Advisory
Committee [
chosen by
] 
representing
 the [
chapter
] 
Oljato Chapter and the Dennehotso Chapter
.
[
(ii) One of the six names submitted under Subsection (3)(d)(i) may be a registered
member of the Dennehotso Chapter.
]
[
(iii)
] 
(ii)
 The governor shall [
select
] 
appoint
 two of the [
six
] persons whose names are
submitted under Subsection (3)(d)(i) to be the representatives on the Diné Advisory Committee
of the Oljato and Dennehotso chapters
, except that the representatives shall be staggered in
accordance with Subsection (6) so that only one position is appointed by the governor in a year
.
(iii) Notwithstanding Subsection (3)(d)(i), the Dennehotso Chapter may submit one
nominee for purposes of the governor appointing a representative of the Oljato Chapter and the
Dennehotso Chapter.
(e) Before submitting a name to the governor, a Utah Navajo Chapter and the Blue
Mountain Diné shall ensure that the individual's whose name is submitted:
(i) is an enrolled member of the Navajo Nation;
(ii) resides in San Juan County, Utah;
(iii) is 21 years of age or older;
(iv) is not an officer of the chapter;
(v) has not been convicted of a felony; and
(vi) is not currently, or within the last 12 months has not been, an officer, director,
employee, or contractor of a service provider that solicits, accepts, or receives a benefit from an
expenditure of:
(A) the Division of Indian Affairs; or
(B) the fund.
(4) If both members appointed under Subsection (2)(b)(vi) are registered members of
the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
(5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
by this section for Diné Advisory Committee member expenses, a person appointed to the Diné
Advisory Committee may not solicit, accept, or receive any benefit from an expenditure of:
(i) the Division of Indian Affairs;
(ii) the fund; or
(iii) the Division of Indian Affairs or fund as an officer, director, employee, or
contractor of a service provider that solicits, accepts, or receives a benefit from the expenditure
of:
(A) the Division of Indian Affairs; or
(B) the fund.
(b) A member of the Diné Advisory Committee may receive a benefit from an
expenditure of the fund if:
(i) when the benefit is discussed by the Diné Advisory Committee:
(A) the member discloses that the member may receive the benefit;
(B) the member physically leaves the room in which the Diné Advisory Committee is
discussing the benefit; and
(C) the Diné Advisory Committee approves the member receiving the benefit by a
unanimous vote of the members present at the meeting discussing the benefit;
(ii) a Utah Navajo Chapter requests that the benefit be received by the member;
(iii) the member is in compliance with the ethics and conflict of interest policy required
under Subsection 
51-10-204
(2)(c);
(iv) (A) the expenditure from the fund is made in accordance with this chapter; and
(B) the benefit is no greater than the benefit available to members of the Navajo Nation
residing in San Juan County, Utah; and
(v) the member is not receiving the benefit as an officer, director, employee, or
contractor of a service provider.
(6) (a) (i) Except as required in Subsection (6)(a)(ii), as terms of current committee
members expire, the governor shall appoint each new member or reappointed member to a
four-year term.
(ii) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of committee members are staggered so that approximately
half of the Diné Advisory Committee is appointed every two years.
(b) Except as provided in Subsection (6)(c), a committee member shall serve until the
committee member's successor is appointed and qualified.
(c) If a committee member is absent from three consecutive committee meetings, or if
the committee member violates the ethical or conflict of interest policies established by statute
or the Diné Advisory Committee:
(i) the committee member's appointment is terminated;
(ii) the position is vacant; and
(iii) the governor shall appoint a replacement.
(d) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement for the unexpired term according to the procedures of this section.
(e) The governor may appoint an individual to more than one term on the Diné
Advisory Committee.
(7) (a) The committee members shall select a chair and vice chair from committee
membership each two years subsequent to the appointment of new committee members.
(b) Five members of the Diné Advisory Committee is a quorum for the transaction of
business.
(c) The Diné Advisory Committee shall:
(i) comply with Title 52, Chapter 4, Open and Public Meetings Act;
(ii) ensure that its meetings are held at or near:
(A) a chapter house or meeting hall of a Utah Navajo Chapter; or
(B) other places in Utah that the Diné Advisory Committee considers practical and
appropriate; and
(iii) ensure that its meetings are public hearings at which a resident of San Juan
County, Utah, may appear and speak.
(8) A committee member may not receive compensation or benefits for the committee
member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) The trust administrator shall staff the Diné Advisory Committee.
(10) The Diné Advisory Committee shall advise the trust administrator about the
expenditure of fund money.
Legislative Review Note
Office of Legislative Research and General Counsel