Utah Code 51-10-206. Diné Advisory Committee.
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(1) There is created the Diné Advisory Committee.
Terms Used In Utah Code 51-10-206
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the board of trustees created in Section 51-10-202. See Utah Code 51-10-102
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Fund: means the Navajo Trust Fund created in Section 51-10-201. See Utah Code 51-10-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- Service provider: means any of the following that provides a good or service to Navajos:
(11)(a) a business enterprise;(11)(b) a private nonprofit organization; or(11)(c) a government entity. See Utah Code 51-10-102- Statute: A law passed by a legislature.
- Trust administrator: means the trust administrator selected as provided in Subsection 51-10-202(2). See Utah Code 51-10-102
- Utah Navajo Chapter: means one of the following chapters of the Navajo Nation:
(13)(a) Aneth Chapter;(13)(b) Mexican Water Chapter;(13)(c) Naatsis'áán Chapter;(13)(d) Oljato Chapter;(13)(e) Dennehotso Chapter;(13)(f) Red Mesa Chapter; and(13)(g) Teec Nos Pos Chapter. See Utah Code 51-10-102(2)(2)(a) The governor, with the advice and consent of the Senate, shall appoint nine members to the Diné Advisory Committee.(2)(b) In making an appointment under Subsection (2)(a), the governor shall ensure that the Diné Advisory Committee includes:(2)(b)(i) two registered members of the Aneth Chapter of the Navajo Nation who reside in San Juan County, Utah;(2)(b)(ii) one registered member of the Blue Mountain Diné who resides in San Juan County, Utah;(2)(b)(iii) one registered member of the Mexican Water Chapter of the Navajo Nation who resides in San Juan County, Utah;(2)(b)(iv) one registered member of the Naatsis’áán Chapter of the Navajo Nation who resides in San Juan County, Utah;(2)(b)(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;(2)(b)(vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides in San Juan County, Utah; and(2)(b)(vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who resides in San Juan County, Utah.(3)(3)(a)(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 two nominees to the Diné Advisory Committee chosen by the chapter.(3)(a)(ii) The governor shall appoint one of the two persons whose names are submitted under Subsection (3)(a)(i) as that chapter’s representative on the Diné Advisory Committee.(3)(b)(3)(b)(i) The Blue Mountain Diné shall submit to the governor the names of two nominees to the Diné Advisory Committee.(3)(b)(ii) The governor shall appoint one of the two persons whose names are submitted under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné Advisory Committee.(3)(c)(3)(c)(i) The Aneth Chapter shall submit to the governor the names of two nominees for each of the two positions to the Diné Advisory Committee representing the Aneth chapter.(3)(c)(ii) The governor shall appoint two of the persons whose names are submitted under Subsection (3)(c)(i) to be the Aneth Chapter’s representatives on the Diné Advisory Committee.(3)(d)(3)(d)(i) Subject to Subsection (3)(d)(ii), the Oljato Chapter shall submit to the governor the names of two nominees for each of the two positions to the Diné Advisory Committee representing the Oljato Chapter and the Dennehotso Chapter.(3)(d)(ii) The Dennehotso Chapter may submit one nominee for purposes of the governor appointing a representative of the Oljato Chapter and the Dennehotso Chapter.(3)(d)(iii) The governor shall appoint two of the persons whose names are submitted under Subsection (3)(d)(i) or (ii) to be the representatives on the Diné Advisory Committee of the Oljato Chapter and the Dennehotso Chapter.(3)(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:(3)(e)(i) is an enrolled member of the Navajo Nation;(3)(e)(ii) resides in San Juan County, Utah;(3)(e)(iii) is 21 years of age or older;(3)(e)(iv) is not an officer of the chapter;(3)(e)(v) has not been convicted of a felony; and(3)(e)(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:(3)(e)(vi)(A) the Division of Indian Affairs; or(3)(e)(vi)(B) the fund.(4) If both members appointed under Subsection (2)(b)(v) are registered members of the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.(5)(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:(5)(a)(i) the Division of Indian Affairs;(5)(a)(ii) the fund; or(5)(a)(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:(5)(a)(iii)(A) the Division of Indian Affairs; or(5)(a)(iii)(B) the fund.(5)(b) A member of the Diné Advisory Committee may receive a benefit from an expenditure of the fund if:(5)(b)(i) when the benefit is discussed by the Diné Advisory Committee:(5)(b)(i)(A) the member discloses that the member may receive the benefit;(5)(b)(i)(B) the member physically leaves the room in which the Diné Advisory Committee is discussing the benefit; and(5)(b)(i)(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;(5)(b)(ii) a Utah Navajo Chapter requests that the benefit be received by the member;(5)(b)(iii) the member is in compliance with the ethics and conflict of interest policy required under Subsection51-10-204 (2)(c);(5)(b)(iv)(5)(b)(iv)(A) the expenditure from the fund is made in accordance with this chapter; and(5)(b)(iv)(B) the benefit is no greater than the benefit available to members of the Navajo Nation residing in San Juan County, Utah; and(5)(b)(v) the member is not receiving the benefit as an officer, director, employee, or contractor of a service provider.(6)(6)(a)(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.(6)(a)(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.(6)(a)(iii) The terms of the Aneth Chapter’s representatives appointed under Subsection (3)(c)(ii) shall be staggered in accordance with this Subsection (6) so that only one position is appointed by the governor in a year.(6)(a)(iv) The terms of the Oljato Chapter’s and the Dennehotso Chapter’s representatives appointed under Subsection (3)(d) shall be staggered in accordance with this Subsection (6) so that only one position is appointed by the governor in a year.(6)(b) Except as provided in Subsection (6)(c), a committee member shall serve until the committee member’s successor is appointed and qualified.(6)(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:(6)(c)(i) the committee member’s appointment is terminated;(6)(c)(ii) the position is vacant; and(6)(c)(iii) the governor shall appoint a replacement.(6)(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.(6)(e) The governor may appoint an individual to more than one term on the Diné Advisory Committee.(7) When the governor makes a new appointment or reappointment under Subsection (6)(a)(i), or a vacancy appointment under Subsection (6)(d), the governor’s new appointment, reappointment, or vacancy appointment shall be made with the advice and consent of the Senate.(8)(8)(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.(8)(b) Five members of the Diné Advisory Committee is a quorum for the transaction of business.(8)(c) The Diné Advisory Committee shall:(8)(c)(i) comply with Title 52, Chapter 4, Open and Public Meetings Act;(8)(c)(ii) ensure that its meetings are held at or near:(8)(c)(ii)(A) a chapter house or meeting hall of a Utah Navajo Chapter; or(8)(c)(ii)(B) other places in Utah that the Diné Advisory Committee considers practical and appropriate; and(8)(c)(iii) ensure that its meetings are public hearings at which a resident of San Juan County, Utah, may appear and speak.(9) 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 policy adopted by the board.(10) The trust administrator shall staff the Diné Advisory Committee.(11) The Diné Advisory Committee shall advise the trust administrator about the expenditure of fund money.