Enrolled Copy H.B. 122
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Military Affairs Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: Todd Weiler
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LONG TITLE
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General Description:
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This bill makes changes to the code addressing military affairs.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ amends resident student status eligibility for veterans who use veteran benefits to pay for
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tuition;
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▸ amends how much money the Interstate Commission on Educational Opportunity for
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Military Children may assess, levy, or collect from Utah legislative appropriations;
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▸ clarifies that the Department of Veterans and Military Affairs:
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● is required to provide service benefits to service members, veterans, and the families
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of service members and veterans; and
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● serves as the State Approving Agency for Utah under United States Code, Title 38,
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Veterans Benefits;
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▸ allows the Department of Veterans and Military Affairs to receive gifts, contributions,
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and donations to support service members, veterans, and the families of service
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members and veterans;
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▸ allows the Department of Veterans and Military Affairs to enter into an intergovernmental
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support agreement with a military installation or entity, including the National Guard, to
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provide support services to the military installation or entity;
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▸ repeals Title 63M, Chapter 6, Military Base Easements Act, and enacts sections in Title
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71A, Veterans and Military Affairs, related to easements; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill: H.B. 122 Enrolled Copy
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53B-8-102, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
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53E-3-915, as renumbered and amended by Laws of Utah 2018, Chapter 1
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71A-1-101, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and
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amended by Laws of Utah 2023, Chapter 44
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71A-1-201, as enacted by Laws of Utah 2023, Chapter 44 and last amended by
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Coordination Clause, Laws of Utah 2023, Chapter 154
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71A-1-202, as last amended by Laws of Utah 2024, Chapter 334
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ENACTS:
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71A-9-101, Utah Code Annotated 1953
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71A-9-102, Utah Code Annotated 1953
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71A-9-301, Utah Code Annotated 1953
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71A-9-302, Utah Code Annotated 1953
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71A-9-303, Utah Code Annotated 1953
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REPEALS:
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63M-6-101, as enacted by Laws of Utah 2008, Chapter 382
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63M-6-201, as last amended by Laws of Utah 2021, Chapter 282
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63M-6-202, as last amended by Laws of Utah 2021, Chapter 282
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63M-6-203, as last amended by Laws of Utah 2021, Chapter 282
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53B-8-102 is amended to read:
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53B-8-102 . Definitions -- Resident student status -- Exceptions.
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(1) As used in this section:
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(a) "Eligible person" means an individual who is entitled to post-secondary educational
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benefits under Title 38 U.S.C., Veterans' Benefits.
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(b) "Immediate family member" means an individual's spouse or dependent child.
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(c) "Inmate" means the same as that term is defined in Section 64-13-1.
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(d) "Military service member" means an individual who:
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(i) is serving on active duty in the United States Armed Forces within the state of
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Utah;
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(ii) is a member of a reserve component of the United States Armed Forces assigned
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in Utah;
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(iii) is a member of the [Utah ]National Guard; or
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(iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
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outside of Utah pursuant to federal permanent change of station orders.
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(e) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
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(f) "National Guard" means the same as that term is defined in Section 39A-1-102.
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[(f)] (g) "Parent" means a student's biological or adoptive parent.
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(2) The meaning of "resident student" is determined by reference to the general law on the
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subject of domicile, except as provided in this section.
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(3)(a) Institutions within the state system of higher education may grant resident student
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status to any student who has come to Utah and established residency for the purpose
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of attending an institution of higher education, and who, prior to registration as a
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resident student:
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(i) has maintained continuous Utah residency status for one full year;
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(ii) has signed a written declaration that the student has relinquished residency in any
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other state; and
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(iii) has submitted objective evidence that the student has taken overt steps to
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establish permanent residency in Utah and that the student does not maintain a
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residence elsewhere.
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(b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
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(i) a Utah high school transcript issued in the past year confirming attendance at a
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Utah high school in the past 12 months;
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(ii) a Utah voter registration dated a reasonable period prior to application;
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(iii) a Utah driver license or identification card with an original date of issue or a
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renewal date several months prior to application;
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(iv) a Utah vehicle registration dated a reasonable period prior to application;
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(v) evidence of employment in Utah for a reasonable period prior to application;
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(vi) proof of payment of Utah resident income taxes for the previous year;
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(vii) a rental agreement showing the student's name and Utah address for at least 12
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months prior to application; and
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(viii) utility bills showing the student's name and Utah address for at least 12 months
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prior to application.
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(c) A student who is claimed as a dependent on the tax returns of a person who is not a
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resident of Utah is not eligible to apply for resident student status.
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(4) Except as provided in Subsection (8), an institution within the state system of higher
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education may establish stricter criteria for determining resident student status.
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(5) If an institution does not have a minimum credit-hour requirement, that institution shall
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honor the decision of another institution within the state system of higher education to
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grant a student resident student status, unless:
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(a) the student obtained resident student status under false pretenses; or
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(b) the facts existing at the time of the granting of resident student status have changed.
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(6) Within the limits established in Chapter 8, Tuition Waiver and Scholarships, each
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institution within the state system of higher education may, regardless of its policy on
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obtaining resident student status, waive nonresident tuition either in whole or in part, but
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not other fees.
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(7) In addition to the waivers of nonresident tuition under Subsection (6), each institution
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may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the
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maximum number allowed by the appropriate athletic conference as recommended by
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the president of each institution.
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(8) Notwithstanding Subsection (3), an institution within the state system of higher
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education shall grant resident student status for tuition purposes to:
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(a) a military service member, if the military service member provides:
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(i) the military service member's current United States military identification card;
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and
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(ii)(A) a statement from the military service member's current commander, or
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equivalent, stating that the military service member is assigned in Utah; or
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(B) evidence that the military service member is domiciled in Utah, as described
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in Subsection (9)(a);
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(b) a military service member's immediate family member, if the military service
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member's immediate family member provides:
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(i)(A) the military service member's current United States military identification
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card; or
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(B) the immediate family member's current United States military identification
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card; and
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(ii)(A) a statement from the military service member's current commander, or
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equivalent, stating that the military service member is assigned in Utah;
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(B) evidence that the military service member is domiciled in Utah, as described
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in Subsection (9)(a); or
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(C) evidence that the immediate family member completed at least one year of
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grades 9 through 12 at a local education agency, as defined in Section
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53E-1-102, within the state while the military service member was assigned in
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Utah, regardless of the service member's current assignment.
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(c) a military veteran, regardless of whether the military veteran served in Utah, if the
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military veteran provides:
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(i) evidence of an honorable or general discharge;
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(ii) a signed written declaration that the military veteran has relinquished residency in
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any other state and does not maintain a residence elsewhere;
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(iii) objective evidence that the military veteran has demonstrated an intent to
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establish residency in Utah, which may include any one of the following:
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(A) a Utah voter registration card;
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(B) a Utah driver license or identification card;
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(C) a Utah vehicle registration;
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(D) evidence of employment in Utah;
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(E) a rental agreement showing the military veteran's name and Utah address; or
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(F) utility bills showing the military veteran's name and Utah address;
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(d) a military veteran's immediate family member, regardless of whether the military
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veteran served in Utah, if the military veteran's immediate family member provides:
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(i) evidence of the military veteran's honorable or general discharge;
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(ii) a signed written declaration that the military veteran's immediate family member
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has relinquished residency in any other state and does not maintain a residence
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elsewhere; and
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(iii) objective evidence that the military veteran's immediate family member has
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demonstrated an intent to establish residency in Utah, which may include one of
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the items described in Subsection (8)(c)(iii);
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(e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
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is either:
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(i) domiciled in Utah, recognizing the individual may not be physically present in the
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state due to an assignment; or
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(ii) assigned to a duty station in Utah if the foreign service member provides:
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(A) evidence of the foreign service member's status;
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(B) a statement from the foreign service member's current commander, or
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equivalent, stating that the foreign service member is assigned in Utah; or
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(C) evidence that the foreign service member is domiciled in Utah;
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(f) a foreign service member's immediate family member if the foreign service member
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is either:
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(i) domiciled in Utah, recognizing the individual may not be physically present in the
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state due to an assignment; or
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(ii) assigned to a duty station in Utah if the foreign service member provides:
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(A) evidence of the foreign service member's status;
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(B) a statement from the foreign service member's current commander, or
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equivalent, stating that the foreign service member is assigned in Utah; or
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(C) evidence that the foreign service member is domiciled in Utah;
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(g) an eligible person who provides:
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(i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits; and
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(ii) a signed written declaration that the eligible person will use the Veteran Benefits
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under Title 38 U.S.C.;[ and]
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[(iii) objective evidence that the eligible person has demonstrated an intent to
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establish residency in Utah, which may include one of the items described in
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Subsection (8)(c)(iii);]
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(h) an alien who provides:
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(i) evidence that the alien is a special immigrant visa recipient;
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(ii) evidence that the alien has been granted refugee status, humanitarian parole,
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temporary protected status, or asylum; or
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(iii) evidence that the alien has submitted in good faith an application for refugee
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status, humanitarian parole, temporary protected status, or asylum under United
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States immigration law; or
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(i) an inmate:
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(i) during the time the inmate is enrolled in the course; and
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(ii) for one year after the day on which the inmate is released from a correctional
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facility as defined in Section 64-13-1.
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(9)(a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:
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(i) a current Utah voter registration card;
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(ii) a valid Utah driver license or identification card;
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(iii) a current Utah vehicle registration;
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(iv) a copy of a Utah income tax return, in the military service member's or military
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service member's spouse's name, filed as a resident in accordance with Section
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59-10-502; or
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(v) proof that the military service member or military service member's spouse owns
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a home in Utah, including a property tax notice for property owned in Utah.
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(b) Aliens who are present in the United States on visitor, student, or other visas not
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listed in Subsection (8)(h) or (9)(c), which authorize only temporary presence in this
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country, do not have the capacity to intend to reside in Utah for an indefinite period
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and therefore are classified as nonresidents.
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(c) Aliens who have been granted or have applied for permanent resident status in the
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United States are classified for purposes of resident student status according to the
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same criteria applicable to citizens.
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(10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or
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trust lands lie partly or wholly within Utah or whose border is at any point contiguous
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with the border of Utah, and any American Indian who is a member of a federally
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recognized or known Utah tribe and who has graduated from a high school in Utah, is
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entitled to resident student status.
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(11) A Job Corps student is entitled to resident student status if the student:
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(a) is admitted as a full-time, part-time, or summer school student in a program of study
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leading to a degree or certificate; and
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(b) submits verification that the student is a current Job Corps student.
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(12) A person is entitled to resident student status and may immediately apply for resident
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student status if the person:
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(a) marries a Utah resident eligible to be a resident student under this section; and
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(b) establishes his or her domicile in Utah as demonstrated by objective evidence as
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provided in Subsection (3).
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(13) Notwithstanding Subsection (3)(c), a dependent student who has at least one parent
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who has been domiciled in Utah for at least 12 months prior to the student's application
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is entitled to resident student status.
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(14)(a) A person who has established domicile in Utah for full-time permanent
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employment may rebut the presumption of a nonresident classification by providing
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substantial evidence that the reason for the individual's move to Utah was, in good
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faith, based on an employer requested transfer to Utah, recruitment by a Utah
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employer, or a comparable work-related move for full-time permanent employment
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in Utah.
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(b) All relevant evidence concerning the motivation for the move shall be considered,
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including:
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(i) the person's employment and educational history;
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(ii) the dates when Utah employment was first considered, offered, and accepted;
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(iii) when the person moved to Utah;
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(iv) the dates when the person applied for admission, was admitted, and was enrolled
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as a postsecondary student;
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(v) whether the person applied for admission to an institution of higher education
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sooner than four months from the date of moving to Utah;
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(vi) evidence that the person is an independent person who is:
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(A) at least 24 years old; or
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(B) not claimed as a dependent on someone else's tax returns; and
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(vii) any other factors related to abandonment of a former domicile and establishment
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of a new domicile in Utah for purposes other than to attend an institution of higher
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education.
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(15)(a) A person who is in residence in Utah to participate in a United States Olympic
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athlete training program, at a facility in Utah, approved by the governing body for the
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athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
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(b) Upon the termination of the athlete's participation in the training program, the athlete
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shall be subject to the same residency standards applicable to other persons under this
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section.
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(c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
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counts for Utah residency for tuition purposes upon termination of the athlete's
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participation in a Utah Olympic athlete training program.
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(16)(a) A person who has established domicile in Utah for reasons related to divorce, the
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death of a spouse, or long-term health care responsibilities for an immediate family
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member, including the person's spouse, parent, sibling, or child, may rebut the
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presumption of a nonresident classification by providing substantial evidence that the
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reason for the individual's move to Utah was, in good faith, based on the long-term
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health care responsibilities.
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(b) All relevant evidence concerning the motivation for the move shall be considered,
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including:
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(i) the person's employment and educational history;
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(ii) the dates when the long-term health care responsibilities in Utah were first
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considered, offered, and accepted;
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(iii) when the person moved to Utah;
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(iv) the dates when the person applied for admission, was admitted, and was enrolled
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as a postsecondary student;
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(v) whether the person applied for admission to an institution of higher education
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sooner than four months from the date of moving to Utah;
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(vi) evidence that the person is an independent person who is:
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(A) at least 24 years old; or
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(B) not claimed as a dependent on someone else's tax returns; and
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(vii) any other factors related to abandonment of a former domicile and establishment
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of a new domicile in Utah for purposes other than to attend an institution of higher
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education.
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(17) A foreign service member or the foreign service member's immediate family member
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deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the
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eligibility for resident student status if the foreign service member or immediate family
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member maintains continuous enrollment even in the case of a change in domicile or
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duty station.
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(18) The board, after consultation with the institutions, shall make rules not inconsistent
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with this section:
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(a) concerning the definition of resident and nonresident students;
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(b) establishing procedures for classifying and reclassifying students;
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(c) establishing criteria for determining and judging claims of residency or domicile;
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(d) establishing appeals procedures; and
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(e) other matters related to this section.
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(19) A student shall be exempt from paying the nonresident portion of total tuition if the
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student:
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(a) is a foreign national legally admitted to the United States;
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(b) attended high school in this state for three or more years; and
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(c) graduated from a high school in this state or received the equivalent of a high school
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diploma in this state.
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Section 2. Section 53E-3-915 is amended to read:
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53E-3-915 . Article XIV -- Financing of the Interstate Commission.
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(1) The Interstate Commission shall pay or provide for the payment of the reasonable
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expenses of its establishment, organization, and ongoing activities.
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(2) In accordance with the funding limit established in Subsection (5), the Interstate
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Commission may levy and collect an annual assessment from each member state to
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cover the cost of the operations and activities of the Interstate Commission and its staff
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which shall be in a total amount sufficient to cover the Interstate Commission's annual
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budget as approved each year. The aggregate annual assessment amount shall be
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allocated based upon a formula to be determined by the Interstate Commission, which
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shall promulgate a rule binding upon all member states.
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(3) The Interstate Commission may not incur obligations of any kind prior to securing the
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funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
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of any of the member states, except by and with the authority of the member state.
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(4) The Interstate Commission shall keep accurate accounts of all receipts and
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disbursements. The receipts and disbursements of the Interstate Commission shall be
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subject to the audit and accounting procedures established under its bylaws. However,
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all receipts and disbursements of funds handled by the Interstate Commission shall be
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audited yearly by a certified or licensed public accountant and the report of the audit
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shall be included in and become part of the annual report of the Interstate Commission.
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(5) The Interstate Commission may not assess, levy, or collect more than [$5,000] $10,000
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per year from Utah legislative appropriations. Other funding sources may be accepted
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and used to offset expenses related to the state's participation in the compact.
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Section 3. Section 71A-1-101 is amended to read:
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71A-1-101 . Veterans and Military Affairs -- Definitions.
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As used in this title:
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(1) "Armed forces" means the same as that term is defined in Section 68-3-12.5.
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(2) "Contractor" means a person who is or may be awarded a government entity contract.
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(3) "Council" means the Veterans Advisory Council.
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(4) "Department" means the Department of Veterans and Military Affairs.
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(5) "Executive director" means the executive director of the Department of Veterans and
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Military Affairs.
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(6) "Government entity" means the state and any county, municipality, special district,
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special service district, and any other political subdivision or administrative unit of the
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state, including state institutions of education.
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(7) "National Guard" means the Utah National Guard created in Section 39A-3-101 and in
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accordance with Utah Constitution Article XV.
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[(7)] (8) "Service member" means a currently serving member of the armed forces.
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[(8)] (9) "Uniformed services" means the same as that term is defined in Section 68-3-12.5.
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[(9)] (10) "VA" means the United States Department of Veterans Affairs.
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[(10)] (11) "Veteran" means the same as that term is defined in Section 68-3-12.5.
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[(11)] (12) "Veterans service organization" means an organization or individual accredited
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by the VA Office of General Counsel or recognized by the department whose purpose is
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to serve service members and veterans, their spouses, surviving spouses, and children.
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Section 4. Section 71A-1-201 is amended to read:
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71A-1-201 . Department of Veterans and Military Affairs -- Creation --
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Appointment of executive director -- Department responsibilities.
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(1) There is created the Department of Veterans and Military Affairs.
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(2) The governor shall appoint an executive director for the department who is subject to
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Senate confirmation.
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(3) The executive director shall be a veteran.
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(4) The department shall:
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(a) conduct and supervise all veteran and military affairs activities as provided in this
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title;
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(b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, to carry out the provisions of this title;
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(c) in accordance with Section 41-1a-418:
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(i) determine which campaign or combat theater awards are eligible for a special
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group license plate;
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(ii) verify that an applicant for a campaign or combat theater award special group
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license plate is qualified to receive it; and
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(iii) provide an applicant that qualifies a form indicating the campaign or combat
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theater award special group license plate for which the applicant qualifies;
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(d) maintain liaison with local, state, and federal veterans agencies and with Utah
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veterans organizations;
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(e) provide current information to veterans, service members, their surviving spouses
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and family members, and Utah veterans and military organizations on benefits they
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are entitled to;
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(f) assist veterans, service members, and their families in applying for benefits and
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services;
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(g) cooperate with other state entities in the receipt of information to create and maintain
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a record of veterans in Utah;
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(h) create and administer a veterans assistance registry in accordance with Chapter 5,
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Veterans Assistance Registry, with recommendations from the council, that provides
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contact information to the qualified donors of materials and labor for certain qualified
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recipients;
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(i) identify military-related issues, challenges, and opportunities, and develop plans for
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addressing them;
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(j) develop, coordinate, and maintain relationships with military leaders of Utah military
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installations, including the [Utah ]National Guard;
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(k) develop and maintain relationships with military-related organizations in Utah;[ and]
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(l) consult with municipalities and counties regarding compatible use plans as described
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in Sections 10-9a-537 and 17-27a-533;
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(m) provide services and benefits directly or indirectly to service members, veterans, and
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families of service members and veterans, including services and benefits related to
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claims, health care, employment, education, mental wellness, counseling, business,
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housing, recognition, camaraderie, and other functions; and
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(n) serve as the State Approving Agency under United States Code, Title 38, Veterans
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Benefits.
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(5)(a) The department may award grants for the purpose of supporting veteran and
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military outreach, employment, education, healthcare, homelessness prevention, and
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recognition events.
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(b) The department may award a grant described in Subsection (5)(a) to:
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(i) an institution of higher education listed in Section 53B-1-102;
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(ii) a nonprofit organization involved in veterans or military-related activities; or
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(iii) a political subdivision of the state.
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(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department shall make rules for the administration of grants, including establishing:
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(i) the form and process for submitting an application to the department;
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(ii) the method and criteria for selecting a grant recipient;
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(iii) the method and formula for determining a grant amount; and
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(iv) the reporting requirements of a grant recipient.
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(6)(a) The department may:
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(i) receive gifts, contributions, and donations to support service members, veterans,
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families of service members and veterans, and military missions, including
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tangible objects and real property, if the department uses the gifts, contributions,
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and donations for the benefit of, or in connection with, service members, veterans,
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families of service members and veterans, or military missions; and
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(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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make rules related to the administration of gifts, contributions, and donations
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described in Subsection (6)(a).
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(b) A gift, contribution, or donation received by the department as described in
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Subsection (6)(a), does not revert to the General Fund and is considered non-lapsing
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funds.
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[(6)] (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department may make rules related to:
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(a) the consultation with municipalities and counties regarding compatible use plans as
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required in Subsection (4)(l); and
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(b) criteria to evaluate whether a proposed land use is compatible with military
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operations.
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[(7)] (8) Nothing in this chapter [shall be construed as altering or preempting] alters or
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preempts any provisions of Title 39A, National Guard and Militia Act, as specifically
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related to the [Utah ]National Guard.
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Section 5. Section 71A-1-202 is amended to read:
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71A-1-202 . Department of Veterans and Military Affairs -- Executive director --
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Responsibilities.
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(1) The executive director is the chief administrative officer of the department.
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(2) The executive director is responsible for:
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(a) the administration and supervision of the department;
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(b) the coordination of policies and program activities conducted through the department;
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(c) the development and approval of the proposed budget of the department;
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(d) preparing an annual report for presentation not later than November 30 of each year
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to the Government Operations Interim Committee which covers:
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(i) services provided to veterans, service members, and their families;
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(ii) services provided by third parties through the Veterans Assistance Registry;
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(iii) coordination of veterans services by government entities with the department; and
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(iv) the status of military missions within the state;
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(e) advising the governor on matters pertaining to veterans and military affairs
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throughout the state, including active duty service members, reserve duty service
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members, veterans, and their families;
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(f) developing, coordinating, and maintaining relationships with Utah's congressional
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delegation and appropriate federal agencies; and
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(g) entering into grants, contracts, agreements, and interagency transfers necessary to
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support the department's programs.
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(3) The executive director is the acceptance authority for any gifts, contributions, or
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donations received under Subsection 71A-1-201(6) and shall ensure compliance with the
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restrictions and limitations described in Section 63G-6a-2404.
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[(3)] (4) The executive director may appoint deputy directors to assist the executive director
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in carrying out the department's responsibilities.
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[(4)] (5) A deputy director, described in Subsection (3), of veterans' services shall be a
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veteran.
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Section 6. Section 71A-9-101 is enacted to read:
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CHAPTER 9. MILITARY INSTALLATIONS
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Part 1. General Provisions
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71A-9-101 . Definitions.
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As used in this chapter, "state institution of higher education" means an institution
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described in Section 53B-2-101 or any other university or college that is established and
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maintained by the state.
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Section 7. Section 71A-9-102 is enacted to read:
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71A-9-102 . Military installation ability to enter into an intergovernmental
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support agreement.
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(1) A state agency, local municipality, special service district, or state institution of higher
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education may enter into an intergovernmental support agreement with a military
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installation or entity, including the National Guard, to provide support services to the
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military installation or entity in accordance with the agreement.
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(2) Copies of the agreement described in Subsection (1) shall be filed with the department.
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Section 8. Section 71A-9-301 is enacted to read:
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Part 2. Military Installation Easements
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71A-9-301 . Definitions.
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Reserved.
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Section 9. Section 71A-9-302 is enacted to read:
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71A-9-302 . Acquisition of easements -- Restrictions -- Resale.
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(1) The department may acquire, by purchase, from landowners voluntarily entering a
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contract with the department, property or easements for the establishment, maintenance,
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and operation of a restrictive use area for the operation of military missions adjacent to,
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or within the boundaries of the approved compatible use plan for:
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(a) Hill Air Force Base;
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(b) Little Mountain Test Facility;
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(c) the Utah Test and Training Range;
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(d) Dugway Proving Ground; or
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(e) a National Guard facility.
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(2)(a) The department shall ensure that any easements established by voluntary purchase
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described in Subsection (1) place conditions on land use identified in the applicable
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land use compatibility guidelines study or according to military best practice or
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recommendations.
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(b) The department may allow other uses on easements described in Subsection (1) not
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prohibited by the guidelines described in Subsection (2)(a) if the uses are consistent
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with the purpose of this part.
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(c) Nothing in this part authorizes the department or any other state agency to:
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(i) purchase a business;
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(ii) require a landowner to sell property or an easement to the department; or
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(iii) require a person to relocate or move.
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(d) To calculate the purchase price for an easement described in Subsection (1), the
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department shall use the fair market value of the real property.
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(e) When a military installation has not been used for seven years, the department shall:
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(i) notify by certified mail each current owner of any property to which an easement
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is attached near the military installation that the owner may purchase the easement
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for the same price that the state originally paid for the easement or for the market
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value of the easement at the time of the owner's buyback, whichever is less; and
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(ii) sell the easement to an owner notified under Subsection (2)(e)(i) if the owner
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tenders the purchase price described in Subsection (2)(e)(i).
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(3)(a) The department may take action to enforce the provisions of this chapter.
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(b) The attorney general shall represent the department in an action described in
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Subsection (3)(a).
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Section 10. Section 71A-9-303 is enacted to read:
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71A-9-303 . Certain improvements, alterations, and expansions prohibited.
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(1) A person may not begin to develop, or authorize development, on any land on which the
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department or the Governor's Office of Economic Opportunity holds a lawful easement
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unless the department or the Governor's Office of Economic Opportunity has
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affirmatively authorized the development of the land.
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(2) Nothing in this part prohibits a property owner from improving, altering, or expanding
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an existing residential or commercial use of the property owner's property if the
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improvement, alteration, or expansion does not violate any conditions of an easement
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placed on the property owner's land.
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Section 11. Repealer.
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This bill repeals:
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Section 63M-6-203, Certain improvements, alterations, and expansions prohibited.
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Section 63M-6-202, Location of easements.
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Section 63M-6-201, Acquisition of easements -- Restrictions -- Resale.
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Section 63M-6-101, Title.
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Section 12. Effective Date.
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This bill takes effect on May 7, 2025.
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