01-30 15:49 H.B. 376
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National Guard Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions related to the National Guard.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ amends provisions related to the appointment of the adjutant general;
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▸ amends provisions related to the management of the State Armory Board;
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▸ clarifies what electronic means the State Armory Board may use in conducting meetings
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and taking official action;
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▸ allows for the National Guard to repay student loans for active members of the National
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Guard using current funds;
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▸ addresses the appointment and responsibilities of certain judge advocates;
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▸ addresses the use of force by a military service member or a member of the National
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Guard in certain circumstances;
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▸ provides that a military chaplain may solemnize a marriage; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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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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39A-1-201, as last amended by Laws of Utah 2024, Chapter 334
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39A-2-101, as last amended by Laws of Utah 2022, Chapter 421 and renumbered and
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amended by Laws of Utah 2022, Chapter 373
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39A-2-102, as last amended by Laws of Utah 2024, Chapter 268
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39A-3-201, as last amended by Laws of Utah 2024, Chapter 28
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39A-5-103, as renumbered and amended by Laws of Utah 2022, Chapter 373
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39A-9-101, as enacted by Laws of Utah 2024, Chapter 334
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63I-2-239, as enacted by Laws of Utah 2024, Third Special Session, Chapter 5
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81-2-301, as enacted by Laws of Utah 2024, Chapter 366
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81-2-305, as renumbered and amended by Laws of Utah 2024, Chapter 366
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ENACTS:
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39A-5-114.5, 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 39A-1-201 is amended to read:
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39A-1-201 . Adjutant general -- Appointment -- Term -- Qualifications.
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(1) There shall be one adjutant general of the [Utah ]National Guard[ appointed by] .
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(2)(a) Beginning in the calendar year of 2027 and in every fourth year after 2027, the
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governor shall, in the month of January, appoint an individual who meets the
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qualifications under this section to serve a four-year term as the adjutant general.
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(b) The four-year term for the adjutant general appointed under Subsection (2)(a) shall
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begin on the day of the adjutant general's appointment.
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(c) If an individual appointed to serve as the adjutant general for a four-year term under
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Subsection (2)(a) is removed, resigns, or otherwise vacates the position of adjutant
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general, the governor may appoint another individual to serve as the adjutant general
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for the remainder of the unexpired four-year term.
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(d)(i) If a vacancy in the position of adjutant general occurs before the year of 2027,
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the governor shall appoint an individual who meets the qualifications under this
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section to serve as the adjutant general.
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(ii) An adjutant general appointed under Subsection (2)(d)(i) shall serve a term that
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begins on the day of the adjutant general's appointment and ends when the
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governor appoints an adjutant general to a four-year term in January of 2027, as
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described in Subsection (2)(a).
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[(2)] (3) The adjutant general is the commanding general of the [Utah ]National Guard and
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the Utah State Defense Force and serves at the pleasure of the governor.
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[(3)] (4) The individual appointed to the office shall:
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(a) be a citizen of Utah and meet the requirements provided in Title 32, United States
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Code;
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(b) be a federally recognized commissioned officer, with the rank of colonel or higher,
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of the Army National Guard or the Air National Guard with no fewer than five years
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commissioned service in the [Utah ]National Guard; and
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(c) as determined by the governor, have sufficient knowledge and experience to
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command the [Utah ]National Guard.
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[(4)] (5) Active service in the armed forces of the United States may be included in the
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requirement in Subsection [(3)(b)] (4)(b), if the officer was a member of the [Utah ]
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National Guard when the officer entered that service.
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[(5)] (6) The adjutant general shall establish a succession plan consistent with Section
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53-2a-804 to ensure the continuity of command.
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[(6)] (7) An officer is no longer eligible to hold the office of adjutant general [after attaining
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the age of 64 years] if the officer is 64 years old or older.
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[(7)] (8) The adjutant general shall ensure the readiness, training, discipline, and operations
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of the [Utah ]National Guard.
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(9) An individual who otherwise meets the qualifications under this section to serve as the
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adjutant general may serve multiple terms as the adjutant general if appointed by the
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governor under Subsection (2).
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Section 2. Section 39A-2-101 is amended to read:
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39A-2-101 . State Armory Board -- Creation -- Members -- A body corporate --
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Powers -- Expenses.
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(1) There is created a three member State Armory Board with the following members:
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(a) the governor;
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(b) the executive director of the Department of Government Operations; and
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(c) the adjutant general of the [Utah ]National Guard, appointed in accordance with
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Section 39A-3-102.
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(2) The board is a body corporate with perpetual succession and the board's property is
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exempt from all taxes and assessments.
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(3) The board may:
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(a) have and use a common seal;
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(b) sue and be sued;
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(c) contract and be contracted with;
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(d) take and hold by purchase, gift, devise, grant, or bequest real and personal property
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required for the board's use; and
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(e) convert property received by gift, devise, or bequest, and not suitable for the board's
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uses, into other property as available, or into money.
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(4) The board may:
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(a) borrow money for the purpose of providing facilities, ranges, and training lands upon
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the sole credit of the real property to which the board has legal title; and
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(b) secure loans described in Subsection (4)(a) by mortgage upon property to which the
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State Armory Board has legal title.
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(5)(a) Property mortgaged for a loan as provided in Subsection (4)(b) shall be the sole
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security for the loan.
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(b) A deficiency judgment may not be made, rendered, or entered against the board upon
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the foreclosure of a mortgage under Subsection (4)(b).
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(c) The board may not mortgage property in one city for the purpose of obtaining money
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for the erection of armories in any other place.
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(6) A member may not receive compensation or benefits for the member's service, but may
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receive per diem and travel expenses in accordance with:
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(a) Section 63A-3-106;
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(b) Section 63A-3-107; and
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(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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National Guard shall make rules governing the management and operational needs of the
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board established under this section including rules for the appointment, duties, and
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responsibilities of the board's secretary.
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Section 3. Section 39A-2-102 is amended to read:
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39A-2-102 . Responsibilities of State Armory Board.
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(1) The board shall supervise and control all facilities, ranges, training lands, and all real
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property held or acquired for the military purposes of the state.
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(2) The board may:
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(a) provide suitable facilities, ranges, and training lands for the different organizations of
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the National Guard;
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(b) lease real property throughout the state wherever necessary for the use of
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organizations of the National Guard and for the storage of state and government
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property at a rental that the board considers reasonable;
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(c) erect facilities and ranges at places within the state that it considers necessary upon
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lands to which it has acquired the legal title;
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(d) expend military funds to acquire legal title to lands and to construct facilities and
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ranges;
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(e) sell and lease property that the board holds under Subsection (1) for purposes
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consistent with the mission of the [Utah ]National Guard; and
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(f) conduct meetings and take official action in person or as necessary via electronic
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means, including electronic mail, electronic messaging, telephone[ or] , video
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teleconferencing, or a combination of these methods.
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(3)(a) Subject to Subsection (3)(b), the board may take options for the purchase of any
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premises under lease to the state for National Guard purposes:
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(i) at any time during the life of the lease; and
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(ii) when the purchase is in the state's interest.
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(b) An option is not binding upon the board until it is approved by the Legislature.
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(4)(a) Before legally binding the state to sell or lease any real property owned by the
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National Guard, the board shall submit a description of the proposed sale to the
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Legislative Management Committee for [its] the Legislative Management Committee's
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review and recommendations.
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(b) Before legally binding the state to purchase any interest in real property, the board
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shall submit a description of the proposed sale to the Legislative Management
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Committee for [its] the Legislative Management Committee's review and
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recommendations.
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(c) The Legislative Management Committee shall review each proposal and may
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approve or disapprove the sale.
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(5)(a) There is created an expendable special revenue fund known as the "State Armory
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Fund."
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(b) The State Armory Fund shall consist of:
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(i) proceeds from the sales and leases of real property authorized by this section;
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(ii) appropriations by the Legislature; and
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(iii) interest earned on the fund.
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(c) Subject to the Legislative Management Committee's review and recommendation,
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the State Armory Board may expend money in the State Armory Fund to pay for the
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acquisition and sale of real property and the construction of new armories.
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Section 4. Section 39A-3-201 is amended to read:
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39A-3-201 . Tuition and fees assistance for National Guard members -- Use and
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allocation -- Appropriation.
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(1)(a) As used in this section, "fees" means general course fees, in addition to tuition,
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that are:
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(i) imposed by an institution of higher education; and
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(ii) required to be paid by a student to engage in a course of study at the institution of
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higher education.
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(b) "Fees" includes:
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(i) a special course fee; and
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(ii) expenses for required:
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(A) text books; and
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(B) course related materials.
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(2) The [Utah ]National Guard may provide tuition and fees assistance to a member of the [
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Utah ]National Guard for study at an institution of higher education, subject to the
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following requirements:
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(a) the individual shall be, at the time the individual receives the assistance, an active
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member of the [Utah ]National Guard; and
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(b) the assistance is for tuition and fees only and may not be more than the resident
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tuition and fees for the actual course of postsecondary study engaged in by the
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individual.
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(3)(a) Tuition and fees assistance shall be awarded as the adjutant general considers
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necessary.
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(b) An individual may apply to the adjutant general [of the state ]for assistance for each
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year during which the individual is an active member of the [Utah ]National Guard.
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(c) The adjutant general may recoup funds if a recipient fails to meet the requirements of
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the program.
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(4) The adjutant general [of the state ]shall:
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(a) [ ]pay tuition and fees assistance directly to the institution of higher education from
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the funds appropriated[.] ; and
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[(5)] (b) [The adjutant general of the state shall ]establish regulations, procedures, forms,
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and reports necessary to administer the allocation of assistance and payment of funds
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under this section.
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[(6)] (5) The adjutant general may [use no more] not use more than 10% of the funds for
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administration of the program as the adjutant general considers necessary.
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(6)(a) Subject to Subsections (6)(b) and (c), the adjutant general may allocate funds for
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the repayment of student loans for members of the National Guard.
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(b) In addition to the requirements described in Subsection (6)(c), a member of the
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National Guard qualifies for the repayment of the member's student loans if the
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member is currently an active member of the National Guard.
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(c) The adjutant general shall administer the loan repayment option described in this
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Subsection (6) in accordance with policies and procedures established by the adjutant
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general, including:
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(i) additional eligibility requirements;
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(ii) repayment limits; and
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(iii) any other condition the adjutant general determines is appropriate.
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Section 5. Section 39A-5-103 is amended to read:
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39A-5-103 . State staff judge advocate -- Appointment -- Qualifications -- Duties
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-- Assistants.
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(1)(a) The adjutant general shall appoint a state staff judge advocate.
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(b) The state staff judge advocate appointed under Subsection (1)(a) shall be:
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(i) an officer of the National Guard;
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(ii) a member of the Utah State Bar; and
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(iii) designated as a state staff judge advocate officer.
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(c) The state staff judge advocate appointed under Subsection (1)(a):
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(i) is the senior legal officer for the National Guard and a member of the adjutant
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general's special staff; and
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(ii) shall act as the primary legal advisor to the adjutant general on all matters
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involving military justice.
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[(1)] (2)(a) The adjutant general [shall] may appoint [an officer of the National Guard as
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the] a state judge advocate.[ ]
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(b) The [officer] state judge advocate appointed under Subsection (2)(a) shall be:
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(i) an officer of the National Guard;
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(ii) [ ]a member of the Utah State Bar[, a United States federal court, branch
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qualified, and] ; and
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(iii) [ ]designated as a staff judge advocate officer.
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[(2)] (c) The state judge advocate appointed under Subsection (2)(a) is:
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(i) [ ]the principal military legal advisor; and
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(ii) [ ]shall, in connection with rendering legal advice to the adjutant general, prepare
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pretrial advice, a post-trial review, and act, in concert with the state staff judge
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advocate, as legal advisor to the adjutant general on all matters involving military
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justice.
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(3)(a) The adjutant general may appoint staff judge advocates for the individual services
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of the National Guard.
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(b) A service staff judge advocate appointed under Subsection (3)(a) shall be:
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(i) an officer of the National Guard;
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(ii) a member of the Utah State Bar; and
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(iii) designated as a staff judge advocate officer.
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(c) A service staff judge advocate appointed under Subsection (3)(a):
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(i) is responsible for the provision of military justice legal advice to the service
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assistant adjutant general of the branch state staff judge advocate; and
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(ii) shall provide oversight to subordinate assistant staff judge advocates.
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[(3)] (4)(a) The adjutant general may appoint assistant state judge advocates[ as
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considered necessary].
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(b) [ All] An assistant state judge [advocates] advocate appointed under Subsection (4)(a)
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shall be:
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(i) [ officers] an officer of the National Guard[,] ;
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(ii) [ members] a member of the Utah State Bar[, branch qualified, and] ; and
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(iii) [ ]designated as a staff judge advocate [officers] officer.
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[(4)] (5)(a) The [SJA or an assistant SJA] state judge advocate or service staff judge
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advocate shall make frequent inspections of military units throughout the state to
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supervise the administration of military justice.
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(b) The duty described in Subsection (5)(a) may be delegated to an assistant state judge
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advocate.
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[(5)] (6)(a) The convening authority shall review directly with [the SJA] the convening
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authority's staff judge advocate all matters relating to the administration of military
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justice and administrative actions.
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(b) [ ]The assistant state judge advocate or legal officer of any command may
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communicate directly with the assistant state judge advocate or legal officer of a
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superior or subordinate command, or with the [SJA] state staff judge advocate.
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[(6)] (7) An individual who has acted as a member, military judge, trial counsel, assistant
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trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who
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has been a witness for either the prosecution or defense, may not subsequently act as
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assistant state judge advocate, [SJA] state judge advocate, state staff judge advocate,
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service staff judge advocate, or legal officer to any reviewing authority upon the same
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case.
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Section 6. Section 39A-5-114.5 is enacted to read:
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39A-5-114.5 . Use of force in defense of equipment and personnel of the National
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Guard or military.
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(1) As used in this section, "deadly force" means the same as that term is defined Section
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76-2-404.
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(2) A military service member or a member of the National Guard may use force, including
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deadly force, to defend military or National Guard equipment or personnel, if:
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(a) the member is on official duty to defend equipment or personnel of the military or
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National Guard; and
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(b) the use of force is used in accordance with the military or National Guard regulations
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and doctrine regarding the appropriate use of force in the defense of equipment or
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personnel.
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(3)(a) Before a military service member or a member of the National Guard is assigned
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to official duty to defend equipment or personnel, the servicing staff judge advocate
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shall provide a briefing to the member on the rules for the use of force under this
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section and in accordance with military or National Guard regulations and doctrine.
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(b) A military service member or a member of the National Guard who does not receive
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the briefing described in Subsection (3)(a) may still claim the privilege described in
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Subsection (2) if the member is not at fault for not receiving the briefing.
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Section 7. Section 39A-9-101 is amended to read:
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39A-9-101 . Acceptance of gifts.
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(1) The [Utah ]National Guard is authorized to receive gifts, contributions, and donations of
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all kinds, including tangible objects and real property made on the condition that the [
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Utah ]National Guard uses the gifts, contributions, and donations for the benefit of, or in
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connection with, the [Utah ]National Guard and [Utah ]National Guard members,
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employees, or members' or employees' dependents.
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(2) The adjutant general is the acceptance authority for gifts described in Subsection (1).
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(3) The adjutant general may also accept gifts donated to benefit a state military museum or
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to create a memorial within the state honoring the activities of the [Utah ]National Guard.
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(4) A gift, grant, or donation described in this section will not revert to the General Fund
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and shall be considered non-lapsing funds.
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(5) Acceptance authorities will ensure compliance with the restrictions and limitations
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contained in Section 63G-6a-2404.
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(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the [
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department] National Guard shall make rules for the acceptance of gifts, including
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establishing:
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(a) delegation of gift acceptance authority;
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(b) the method and criteria for accepting gifts;
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(c) identification of existing accounts for gift proceeds to be deposited into;
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(d) use and purpose of gifts;
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(e) prohibitions; and
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(f) exceptions to the policy.
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Section 8. Section 63I-2-239 is amended to read:
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63I-2-239 . Repeal dates: Title 39A.
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[Reserved] Subsection 39A-1-201(2)(d), regarding a vacancy in the position of adjutant
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general that occurs before the year 2027 is repealed January 1, 2027.
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Section 9. Section 81-2-301 is amended to read:
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81-2-301 . Definitions for part.
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As used in this part:
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(1) "County clerk" means:
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(a) the county clerk of the county; or
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(b) an employee or designee of the county clerk who is authorized to issue marriage
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licenses or solemnize marriages.
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(2) "Judge or magistrate of the United States" means:
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(a) a justice of the United States Supreme Court;
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(b) a judge of a court of appeals;
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(c) a judge of a district court;
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(d) a judge of any court created by an act of Congress, the judges of which are entitled to
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hold office during good behavior;
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(e) a judge of a bankruptcy court;
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(f) a judge of a tax court; or
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(g) a United States magistrate.
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(3) "Minor" means an individual who is 16 or 17 years old.
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(4)(a) "Native American spiritual advisor" means an individual who:
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(i) leads, instructs, or facilitates a Native American religious ceremony or service or
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provides religious counseling; and
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(ii) is recognized as a spiritual advisor by a federally recognized Native American
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tribe.
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(b) "Native American spiritual advisor" includes a sweat lodge leader, medicine person,
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traditional religious practitioner, or holy man or woman.
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(c) "Military chaplain" means an individual who is a commissioned officer of:
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(i) the Chaplain Corps of the United States Army;
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(ii) the Chaplain Corps of the United States Navy, including the United States Coast
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Guard; or
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(iii) the United States Air Force designated for duty as a chaplain.
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Section 10. Section 81-2-305 is amended to read:
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81-2-305 . Who may solemnize marriages -- Certificate.
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(1) The following individuals may solemnize a marriage:
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(a) an individual 18 years old or older who is authorized by a religious denomination to
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solemnize a marriage;
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(b) a Native American spiritual advisor;
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(c) the governor;
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(d) the lieutenant governor;
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(e) the state attorney general;
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(f) the state treasurer;
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(g) the state auditor;
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(h) a mayor of a municipality or county executive;
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(i) a justice, judge, or commissioner of a court of record;
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(j) a judge of a court not of record of the state;
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(k) a judge or magistrate of the United States;
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(l) the county clerk of any county in the state or the county clerk's designee as authorized
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by Section 17-20-4;
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(m) a senator or representative of the Utah Legislature;
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[(nn)] (n) a member of the state's congressional delegation;[ or]
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[(oo)] (o) a judge or magistrate who holds office in Utah when retired, under rules set by
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the Supreme Court; or
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(p) a military chaplain.
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(2) An individual authorized under Subsection (1) who solemnizes a marriage shall give to
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the couple married a certificate of marriage that shows the:
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(a) name of the county from which the license is issued; and
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(b) date of the license's issuance.
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(3) Except for an individual described in Subsection (1)(l), an individual described in
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Subsection (1) has discretion to solemnize a marriage.
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(4) Except as provided in Section 17-20-4 and Subsection (1)(l), and notwithstanding any
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other provision in law, no individual authorized under Subsection (1) to solemnize a
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marriage may delegate or deputize another individual to perform the function of
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solemnizing a marriage.
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(5)(a) Within 30 days after the day on which a marriage is solemnized, the individual
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solemnizing the marriage shall return the marriage license to the county clerk that
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issued the marriage license with a certificate of the marriage over the individual's
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signature stating the date and place of solemnization and the names of two or more
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witnesses present at the marriage.
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(b) An individual described in Subsection (5)(a) who fails to return the license is guilty
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of an infraction.
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(c) An individual described in Subsection (5)(a) who knowingly or intentionally makes a
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false statement on a certificate of marriage is guilty of perjury and may be prosecuted
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and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official
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Matters.
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(6)(a) An individual is guilty of a third degree felony if the individual knowingly:
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(i) solemnizes a marriage without a valid marriage license; or
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(ii) solemnizes a marriage in violation of this section.
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(b) An individual is guilty of a class A misdemeanor if the individual knowingly, with or
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without a marriage license, solemnizes a marriage between two individuals who are
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18 years old or older that is prohibited by law.
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Section 11. Repealer.
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This bill repeals:
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Section 63M-6-101, Title.
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Section 63M-6-201, Acquisition of easements -- Restrictions -- Resale.
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Section 63M-6-202, Location of easements.
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Section 63M-6-203, Certain improvements, alterations, and expansions prohibited.
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Section 12. Effective Date.
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This bill takes effect on May 7, 2025.
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