Utah 2025 Regular Session

Utah House Bill HB0376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 376
	1	+	02-10 09:19 1st Sub. (Buff) H.B. 376
	2	+	Jefferson S. Burton proposes the following substitute bill:
2	3		1
3	4		National Guard Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Jefferson S. Burton
7		-	Senate Sponsor: ~~Ann Millner~~
	8	+	Senate Sponsor:
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions related to the National Guard.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ amends provisions related to the appointment of the adjutant general;
24	25		10
25	26		▸ amends provisions related to the management of the State Armory Board;
26	27		11
27	28		▸ clarifies what electronic means the State Armory Board may use in conducting meetings
28	29		12
29	30		and taking official action;
30	31		13
31	32		▸ allows for the National Guard to repay student loans for active members of the National
32	33		14
33	34		Guard using current funds;
34	35		15
35	36		▸ addresses the appointment and responsibilities of certain judge advocates;
36	37		16
37	38		▸ addresses the use of force by a military service member or a member of the National
38	39		17
39	40		Guard in certain circumstances;
40	41		18
41	42		▸ provides that a military chaplain may solemnize a marriage; and
42	43		19
43	44		▸ makes technical and conforming changes.
44	45		20
45	46		Money Appropriated in this Bill:
46	47		21
47	48		None
48	49		22
49	50		Other Special Clauses:
50	51		23
51	52		None
52	53		24
53	54		Utah Code Sections Affected:
54	55		25
55	56		AMENDS:
56	57		26
57	58		39A-1-201, as last amended by Laws of Utah 2024, Chapter 334
58	59		27
59		-	39A-2-101, as last amended by Laws of Utah 2022, Chapter 421 and renumbered and ~~H.B. 376 Enrolled Copy~~
	60	+	39A-2-101, as last amended by Laws of Utah 2022, Chapter 421 and renumbered and
60	61		28
61	62		amended by Laws of Utah 2022, Chapter 373
	63	+	1st Sub. H.B. 376 1st Sub. (Buff) H.B. 376 02-10 09:19
62	64		29
63	65		39A-2-102, as last amended by Laws of Utah 2024, Chapter 268
64	66		30
65	67		39A-3-201, as last amended by Laws of Utah 2024, Chapter 28
66	68		31
67	69		39A-5-103, as renumbered and amended by Laws of Utah 2022, Chapter 373
68	70		32
69	71		39A-9-101, as enacted by Laws of Utah 2024, Chapter 334
70	72		33
71	73		63I-2-239, as enacted by Laws of Utah 2024, Third Special Session, Chapter 5
72	74		34
73	75		81-2-301, as enacted by Laws of Utah 2024, Chapter 366
74	76		35
75	77		81-2-305, as renumbered and amended by Laws of Utah 2024, Chapter 366
76	78		36
77	79		ENACTS:
78	80		37
79	81		39A-5-114.5, Utah Code Annotated 1953
80	82		38
81	83
82	84		39
83	85		Be it enacted by the Legislature of the state of Utah:
84	86		40
85	87		Section 1. Section 39A-1-201 is amended to read:
86	88		41
87	89		39A-1-201 . Adjutant general -- Appointment -- Term -- Qualifications.
88	90		42
89	91		(1) There shall be one adjutant general of the [Utah ]National Guard[ appointed by] .
90	92		43
91	93		(2)(a) Beginning in the calendar year of 2027 and in every fourth year after 2027, the
92	94		44
93	95		governor shall, in the month of January, appoint an individual who meets the
94	96		45
95	97		qualifications under this section to serve a four-year term as the adjutant general.
96	98		46
97	99		(b) The four-year term for the adjutant general appointed under Subsection (2)(a) shall
98	100		47
99	101		begin on the day of the adjutant general's appointment.
100	102		48
101	103		(c) If an individual appointed to serve as the adjutant general for a four-year term under
102	104		49
103	105		Subsection (2)(a) is removed, resigns, or otherwise vacates the position of adjutant
104	106		50
105	107		general, the governor may appoint another individual to serve as the adjutant general
106	108		51
107	109		for the remainder of the unexpired four-year term.
108	110		52
109	111		(d)(i) If a vacancy in the position of adjutant general occurs before the year of 2027,
110	112		53
111	113		the governor shall appoint an individual who meets the qualifications under this
112	114		54
113	115		section to serve as the adjutant general.
114	116		55
115	117		(ii) An adjutant general appointed under Subsection (2)(d)(i) shall serve a term that
116	118		56
117	119		begins on the day of the adjutant general's appointment and ends when the
118	120		57
119	121		governor appoints an adjutant general to a four-year term in January of 2027, as
120	122		58
121	123		described in Subsection (2)(a).
122	124		59
123	125		[(2)] (3) The adjutant general is the commanding general of the [Utah ]National Guard and
124	126		60
125	127		the Utah State Defense Force and serves at the pleasure of the governor.
126	128		61
127	129		[(3)] (4) The individual appointed to the office shall:
128		-	- 2 - Enrolled Copy H.B. 376
129	130		62
130	131		(a) be a citizen of Utah and meet the requirements provided in Title 32, United States
	132	+	- 2 - 02-10 09:19 1st Sub. (Buff) H.B. 376
131	133		63
132	134		Code;
133	135		64
134	136		(b) be a federally recognized commissioned officer, with the rank of colonel or higher,
135	137		65
136	138		of the Army National Guard or the Air National Guard with no fewer than five years
137	139		66
138	140		commissioned service in the [Utah ]National Guard; and
139	141		67
140	142		(c) as determined by the governor, have sufficient knowledge and experience to
141	143		68
142	144		command the [Utah ]National Guard.
143	145		69
144	146		[(4)] (5) Active service in the armed forces of the United States may be included in the
145	147		70
146	148		requirement in Subsection [(3)(b)] (4)(b), if the officer was a member of the [Utah ]
147	149		71
148	150		National Guard when the officer entered that service.
149	151		72
150	152		[(5)] (6) The adjutant general shall establish a succession plan consistent with Section
151	153		73
152	154		53-2a-804 to ensure the continuity of command.
153	155		74
154	156		[(6)] (7) An officer is no longer eligible to hold the office of adjutant general [after attaining
155	157		75
156	158		the age of 64 years] if the officer is 64 years old or older.
157	159		76
158	160		[(7)] (8) The adjutant general shall ensure the readiness, training, discipline, and operations
159	161		77
160	162		of the [Utah ]National Guard.
161	163		78
162	164		(9) An individual who otherwise meets the qualifications under this section to serve as the
163	165		79
164	166		adjutant general may serve multiple terms as the adjutant general if appointed by the
165	167		80
166	168		governor under Subsection (2).
167	169		81
168	170		Section 2. Section 39A-2-101 is amended to read:
169	171		82
170	172		39A-2-101 . State Armory Board -- Creation -- Members -- A body corporate --
171	173		83
172	174		Powers -- Expenses.
173	175		84
174	176		(1) There is created a three member State Armory Board with the following members:
175	177		85
176	178		(a) the governor;
177	179		86
178	180		(b) the executive director of the Department of Government Operations; and
179	181		87
180	182		(c) the adjutant general of the [Utah ]National Guard, appointed in accordance with
181	183		88
182	184		Section 39A-3-102.
183	185		89
184	186		(2) The board is a body corporate with perpetual succession and the board's property is
185	187		90
186	188		exempt from all taxes and assessments.
187	189		91
188	190		(3) The board may:
189	191		92
190	192		(a) have and use a common seal;
191	193		93
192	194		(b) sue and be sued;
193	195		94
194	196		(c) contract and be contracted with;
195	197		95
196	198		(d) take and hold by purchase, gift, devise, grant, or bequest real and personal property
197		-	- 3 - H.B. 376 Enrolled Copy
198	199		96
199	200		required for the board's use; and
	201	+	- 3 - 1st Sub. (Buff) H.B. 376 02-10 09:19
200	202		97
201	203		(e) convert property received by gift, devise, or bequest, and not suitable for the board's
202	204		98
203	205		uses, into other property as available, or into money.
204	206		99
205	207		(4) The board may:
206	208		100
207	209		(a) borrow money for the purpose of providing facilities, ranges, and training lands upon
208	210		101
209	211		the sole credit of the real property to which the board has legal title; and
210	212		102
211	213		(b) secure loans described in Subsection (4)(a) by mortgage upon property to which the
212	214		103
213	215		State Armory Board has legal title.
214	216		104
215	217		(5)(a) Property mortgaged for a loan as provided in Subsection (4)(b) shall be the sole
216	218		105
217	219		security for the loan.
218	220		106
219	221		(b) A deficiency judgment may not be made, rendered, or entered against the board upon
220	222		107
221	223		the foreclosure of a mortgage under Subsection (4)(b).
222	224		108
223	225		(c) The board may not mortgage property in one city for the purpose of obtaining money
224	226		109
225	227		for the erection of armories in any other place.
226	228		110
227	229		(6) A member may not receive compensation or benefits for the member's service, but may
228	230		111
229	231		receive per diem and travel expenses in accordance with:
230	232		112
231	233		(a) Section 63A-3-106;
232	234		113
233	235		(b) Section 63A-3-107; and
234	236		114
235	237		(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
236	238		115
237	239		63A-3-107.
238	240		116
239	241		(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
240	242		117
241	243		National Guard shall make rules governing the management and operational needs of the
242	244		118
243	245		board established under this section including rules for the appointment, duties, and
244	246		119
245	247		responsibilities of the board's secretary.
246	248		120
247	249		Section 3. Section 39A-2-102 is amended to read:
248	250		121
249	251		39A-2-102 . Responsibilities of State Armory Board.
250	252		122
251	253		(1) The board shall supervise and control all facilities, ranges, training lands, and all real
252	254		123
253	255		property held or acquired for the military purposes of the state.
254	256		124
255	257		(2) The board may:
256	258		125
257	259		(a) provide suitable facilities, ranges, and training lands for the different organizations of
258	260		126
259	261		the National Guard;
260	262		127
261	263		(b) lease real property throughout the state wherever necessary for the use of
262	264		128
263	265		organizations of the National Guard and for the storage of state and government
264	266		129
265	267		property at a rental that the board considers reasonable;
266		-	- 4 - Enrolled Copy H.B. 376
267	268		130
268	269		(c) erect facilities and ranges at places within the state that it considers necessary upon
	270	+	- 4 - 02-10 09:19 1st Sub. (Buff) H.B. 376
269	271		131
270	272		lands to which it has acquired the legal title;
271	273		132
272	274		(d) expend military funds to acquire legal title to lands and to construct facilities and
273	275		133
274	276		ranges;
275	277		134
276	278		(e) sell and lease property that the board holds under Subsection (1) for purposes
277	279		135
278	280		consistent with the mission of the [Utah ]National Guard; and
279	281		136
280	282		(f) conduct meetings and take official action in person or as necessary via electronic
281	283		137
282	284		means, including electronic mail, electronic messaging, telephone[ or] , video
283	285		138
284	286		teleconferencing, or a combination of these methods.
285	287		139
286	288		(3)(a) Subject to Subsection (3)(b), the board may take options for the purchase of any
287	289		140
288	290		premises under lease to the state for National Guard purposes:
289	291		141
290	292		(i) at any time during the life of the lease; and
291	293		142
292	294		(ii) when the purchase is in the state's interest.
293	295		143
294	296		(b) An option is not binding upon the board until it is approved by the Legislature.
295	297		144
296	298		(4)(a) Before legally binding the state to sell or lease any real property owned by the
297	299		145
298	300		National Guard, the board shall submit a description of the proposed sale to the
299	301		146
300	302		Legislative Management Committee for [its] the Legislative Management Committee's
301	303		147
302	304		review and recommendations.
303	305		148
304	306		(b) Before legally binding the state to purchase any interest in real property, the board
305	307		149
306	308		shall submit a description of the proposed sale to the Legislative Management
307	309		150
308	310		Committee for [its] the Legislative Management Committee's review and
309	311		151
310	312		recommendations.
311	313		152
312	314		(c) The Legislative Management Committee shall review each proposal and may
313	315		153
314	316		approve or disapprove the sale.
315	317		154
316	318		(5)(a) There is created an expendable special revenue fund known as the "State Armory
317	319		155
318	320		Fund."
319	321		156
320	322		(b) The State Armory Fund shall consist of:
321	323		157
322	324		(i) proceeds from the sales and leases of real property authorized by this section;
323	325		158
324	326		(ii) appropriations by the Legislature; and
325	327		159
326	328		(iii) interest earned on the fund.
327	329		160
328	330		(c) Subject to the Legislative Management Committee's review and recommendation,
329	331		161
330	332		the State Armory Board may expend money in the State Armory Fund to pay for the
331	333		162
332	334		acquisition and sale of real property and the construction of new armories.
333	335		163
334	336		Section 4. Section 39A-3-201 is amended to read:
335		-	- 5 - H.B. 376 Enrolled Copy
336	337		164
337	338		39A-3-201 . Tuition and fees assistance for National Guard members -- Use and
	339	+	- 5 - 1st Sub. (Buff) H.B. 376 02-10 09:19
338	340		165
339	341		allocation -- Appropriation.
340	342		166
341	343		(1)(a) As used in this section, "fees" means general course fees, in addition to tuition,
342	344		167
343	345		that are:
344	346		168
345	347		(i) imposed by an institution of higher education; and
346	348		169
347	349		(ii) required to be paid by a student to engage in a course of study at the institution of
348	350		170
349	351		higher education.
350	352		171
351	353		(b) "Fees" includes:
352	354		172
353	355		(i) a special course fee; and
354	356		173
355	357		(ii) expenses for required:
356	358		174
357	359		(A) text books; and
358	360		175
359	361		(B) course related materials.
360	362		176
361	363		(2) The [Utah ]National Guard may provide tuition and fees assistance to a member of the [
362	364		177
363	365		Utah ]National Guard for study at an institution of higher education, subject to the
364	366		178
365	367		following requirements:
366	368		179
367	369		(a) the individual shall be, at the time the individual receives the assistance, an active
368	370		180
369	371		member of the [Utah ]National Guard; and
370	372		181
371	373		(b) the assistance is for tuition and fees only and may not be more than the resident
372	374		182
373	375		tuition and fees for the actual course of postsecondary study engaged in by the
374	376		183
375	377		individual.
376	378		184
377	379		(3)(a) Tuition and fees assistance shall be awarded as the adjutant general considers
378	380		185
379	381		necessary.
380	382		186
381	383		(b) An individual may apply to the adjutant general [of the state ]for assistance for each
382	384		187
383	385		year during which the individual is an active member of the [Utah ]National Guard.
384	386		188
385	387		(c) The adjutant general may recoup funds if a recipient fails to meet the requirements of
386	388		189
387	389		the program.
388	390		190
389	391		(4) The adjutant general [of the state ]shall:
390	392		191
391	393		(a) [ ]pay tuition and fees assistance directly to the institution of higher education from
392	394		192
393	395		the funds appropriated[.] ; and
394	396		193
395	397		[(5)] (b) [The adjutant general of the state shall ]establish regulations, procedures, forms,
396	398		194
397	399		and reports necessary to administer the allocation of assistance and payment of funds
398	400		195
399	401		under this section.
400	402		196
401	403		[(6)] (5) The adjutant general may [use no more] not use more than 10% of the funds for
402	404		197
403	405		administration of the program as the adjutant general considers necessary.
404		-	- 6 - Enrolled Copy H.B. 376
405	406		198
406	407		(6)(a) Subject to Subsections (6)(b) and (c), the adjutant general may allocate funds for
	408	+	- 6 - 02-10 09:19 1st Sub. (Buff) H.B. 376
407	409		199
408	410		the repayment of student loans for members of the National Guard.
409	411		200
410	412		(b) In addition to the requirements described in Subsection (6)(c), a member of the
411	413		201
412	414		National Guard qualifies for the repayment of the member's student loans if the
413	415		202
414	416		member is currently an active member of the National Guard.
415	417		203
416	418		(c) The adjutant general shall administer the loan repayment option described in this
417	419		204
418	420		Subsection (6) in accordance with policies and procedures established by the adjutant
419	421		205
420	422		general, including:
421	423		206
422	424		(i) additional eligibility requirements;
423	425		207
424	426		(ii) repayment limits; and
425	427		208
426	428		(iii) any other condition the adjutant general determines is appropriate.
427	429		209
428	430		Section 5. Section 39A-5-103 is amended to read:
429	431		210
430	432		39A-5-103 . State staff judge advocate -- Appointment -- Qualifications -- Duties
431	433		211
432	434		-- Assistants.
433	435		212
434	436		(1)(a) The adjutant general shall appoint a state staff judge advocate.
435	437		213
436	438		(b) The state staff judge advocate appointed under Subsection (1)(a) shall be:
437	439		214
438	440		(i) an officer of the National Guard;
439	441		215
440	442		(ii) a member of the Utah State Bar; and
441	443		216
442	444		(iii) designated as a state staff judge advocate officer.
443	445		217
444	446		(c) The state staff judge advocate appointed under Subsection (1)(a):
445	447		218
446	448		(i) is the senior legal officer for the National Guard and a member of the adjutant
447	449		219
448	450		general's special staff; and
449	451		220
450	452		(ii) shall act as the primary legal advisor to the adjutant general on all matters
451	453		221
452	454		involving military justice.
453	455		222
454	456		[(1)] (2)(a) The adjutant general [shall] may appoint [an officer of the National Guard as
455	457		223
456	458		the] a state judge advocate.[ ]
457	459		224
458	460		(b) The [officer] state judge advocate appointed under Subsection (2)(a) shall be:
459	461		225
460	462		(i) an officer of the National Guard;
461	463		226
462	464		(ii) [ ]a member of the Utah State Bar[, a United States federal court, branch
463	465		227
464	466		qualified, and] ; and
465	467		228
466	468		(iii) [ ]designated as a staff judge advocate officer.
467	469		229
468	470		[(2)] (c) The state judge advocate appointed under Subsection (2)(a) is:
469	471		230
470	472		(i) [ ]the principal military legal advisor; and
471	473		231
472	474		(ii) [ ]shall, in connection with rendering legal advice to the adjutant general, prepare
473		-	- 7 - H.B. 376 Enrolled Copy
474	475		232
475	476		pretrial advice, a post-trial review, and act, in concert with the state staff judge
	477	+	- 7 - 1st Sub. (Buff) H.B. 376 02-10 09:19
476	478		233
477	479		advocate, as legal advisor to the adjutant general on all matters involving military
478	480		234
479	481		justice.
480	482		235
481	483		(3)(a) The adjutant general may appoint staff judge advocates for the individual services
482	484		236
483	485		of the National Guard.
484	486		237
485	487		(b) A service staff judge advocate appointed under Subsection (3)(a) shall be:
486	488		238
487	489		(i) an officer of the National Guard;
488	490		239
489	491		(ii) a member of the Utah State Bar; and
490	492		240
491	493		(iii) designated as a staff judge advocate officer.
492	494		241
493	495		(c) A service staff judge advocate appointed under Subsection (3)(a):
494	496		242
495	497		(i) is responsible for the provision of military justice legal advice to the service
496	498		243
497	499		assistant adjutant general of the branch state staff judge advocate; and
498	500		244
499	501		(ii) shall provide oversight to subordinate assistant staff judge advocates.
500	502		245
501	503		[(3)] (4)(a) The adjutant general may appoint assistant state judge advocates[ as
502	504		246
503	505		considered necessary].
504	506		247
505	507		(b) [ All] An assistant state judge [advocates] advocate appointed under Subsection (4)(a)
506	508		248
507	509		shall be:
508	510		249
509	511		(i) [ officers] an officer of the National Guard[,] ;
510	512		250
511	513		(ii) [ members] a member of the Utah State Bar[, branch qualified, and] ; and
512	514		251
513	515		(iii) [ ]designated as a staff judge advocate [officers] officer.
514	516		252
515	517		[(4)] (5)(a) The [SJA or an assistant SJA] state judge advocate or service staff judge
516	518		253
517	519		advocate shall make frequent inspections of military units throughout the state to
518	520		254
519	521		supervise the administration of military justice.
520	522		255
521	523		(b) The duty described in Subsection (5)(a) may be delegated to an assistant state judge
522	524		256
523	525		advocate.
524	526		257
525	527		[(5)] (6)(a) The convening authority shall review directly with [the SJA] the convening
526	528		258
527	529		authority's staff judge advocate all matters relating to the administration of military
528	530		259
529	531		justice and administrative actions.
530	532		260
531	533		(b) [ ]The assistant state judge advocate or legal officer of any command may
532	534		261
533	535		communicate directly with the assistant state judge advocate or legal officer of a
534	536		262
535	537		superior or subordinate command, or with the [SJA] state staff judge advocate.
536	538		263
537	539		[(6)] (7) An individual who has acted as a member, military judge, trial counsel, assistant
538	540		264
539	541		trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who
540	542		265
541	543		has been a witness for either the prosecution or defense, may not subsequently act as
542		-	- 8 - Enrolled Copy H.B. 376
543	544		266
544	545		assistant state judge advocate, [SJA] state judge advocate, state staff judge advocate,
	546	+	- 8 - 02-10 09:19 1st Sub. (Buff) H.B. 376
545	547		267
546	548		service staff judge advocate, or legal officer to any reviewing authority upon the same
547	549		268
548	550		case.
549	551		269
550	552		Section 6. Section 39A-5-114.5 is enacted to read:
551	553		270
552	554		39A-5-114.5 . Use of force in defense of equipment and personnel of the National
553	555		271
554	556		Guard or military.
555	557		272
556	558		(1) As used in this section, "deadly force" means the same as that term is defined Section
557	559		273
558	560		76-2-404.
559	561		274
560	562		(2) A military service member or a member of the National Guard may use force, including
561	563		275
562	564		deadly force, to defend military or National Guard equipment or personnel, if:
563	565		276
564	566		(a) the member is on official duty to defend equipment or personnel of the military or
565	567		277
566	568		National Guard; and
567	569		278
568	570		(b) the use of force is used in accordance with the military or National Guard regulations
569	571		279
570	572		and doctrine regarding the appropriate use of force in the defense of equipment or
571	573		280
572	574		personnel.
573	575		281
574	576		(3)(a) Before a military service member or a member of the National Guard is assigned
575	577		282
576	578		to official duty to defend equipment or personnel, the servicing staff judge advocate
577	579		283
578	580		shall provide a briefing to the member on the rules for the use of force under this
579	581		284
580	582		section and in accordance with military or National Guard regulations and doctrine.
581	583		285
582	584		(b) A military service member or a member of the National Guard who does not receive
583	585		286
584	586		the briefing described in Subsection (3)(a) may still claim the privilege described in
585	587		287
586	588		Subsection (2) if the member is not at fault for not receiving the briefing.
587	589		288
588	590		Section 7. Section 39A-9-101 is amended to read:
589	591		289
590	592		39A-9-101 . Acceptance of gifts.
591	593		290
592	594		(1) The [Utah ]National Guard is authorized to receive gifts, contributions, and donations of
593	595		291
594	596		all kinds, including tangible objects and real property made on the condition that the [
595	597		292
596	598		Utah ]National Guard uses the gifts, contributions, and donations for the benefit of, or in
597	599		293
598	600		connection with, the [Utah ]National Guard and [Utah ]National Guard members,
599	601		294
600	602		employees, or members' or employees' dependents.
601	603		295
602	604		(2) The adjutant general is the acceptance authority for gifts described in Subsection (1).
603	605		296
604	606		(3) The adjutant general may also accept gifts donated to benefit a state military museum or
605	607		297
606	608		to create a memorial within the state honoring the activities of the [Utah ]National Guard.
607	609		298
608	610		(4) A gift, grant, or donation described in this section will not revert to the General Fund
609	611		299
610	612		and shall be considered non-lapsing funds.
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612	613		300
613	614		(5) Acceptance authorities will ensure compliance with the restrictions and limitations
	615	+	- 9 - 1st Sub. (Buff) H.B. 376 02-10 09:19
614	616		301
615	617		contained in Section 63G-6a-2404.
616	618		302
617	619		(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the [
618	620		303
619	621		department] National Guard shall make rules for the acceptance of gifts, including
620	622		304
621	623		establishing:
622	624		305
623	625		(a) delegation of gift acceptance authority;
624	626		306
625	627		(b) the method and criteria for accepting gifts;
626	628		307
627	629		(c) identification of existing accounts for gift proceeds to be deposited into;
628	630		308
629	631		(d) use and purpose of gifts;
630	632		309
631	633		(e) prohibitions; and
632	634		310
633	635		(f) exceptions to the policy.
634	636		311
635	637		Section 8. Section 63I-2-239 is amended to read:
636	638		312
637	639		63I-2-239 . Repeal dates: Title 39A.
638	640		313
639	641		[Reserved] Subsection 39A-1-201(2)(d), regarding a vacancy in the position of adjutant
640	642		314
641	643		general that occurs before the year 2027 is repealed January 1, 2027.
642	644		315
643	645		Section 9. Section 81-2-301 is amended to read:
644	646		316
645	647		81-2-301 . Definitions for part.
646	648		317
647	649		As used in this part:
648	650		318
649	651		(1) "County clerk" means:
650	652		319
651	653		(a) the county clerk of the county; or
652	654		320
653	655		(b) an employee or designee of the county clerk who is authorized to issue marriage
654	656		321
655	657		licenses or solemnize marriages.
656	658		322
657	659		(2) "Judge or magistrate of the United States" means:
658	660		323
659	661		(a) a justice of the United States Supreme Court;
660	662		324
661	663		(b) a judge of a court of appeals;
662	664		325
663	665		(c) a judge of a district court;
664	666		326
665	667		(d) a judge of any court created by an act of Congress, the judges of which are entitled to
666	668		327
667	669		hold office during good behavior;
668	670		328
669	671		(e) a judge of a bankruptcy court;
670	672		329
671	673		(f) a judge of a tax court; or
672	674		330
673	675		(g) a United States magistrate.
674	676		331
675	677		(3) "Minor" means an individual who is 16 or 17 years old.
676	678		332
677	679		(4)(a) "Native American spiritual advisor" means an individual who:
678	680		333
679	681		(i) leads, instructs, or facilitates a Native American religious ceremony or service or
680		-	- 10 - Enrolled Copy H.B. 376
681	682		334
682	683		provides religious counseling; and
	684	+	- 10 - 02-10 09:19 1st Sub. (Buff) H.B. 376
683	685		335
684	686		(ii) is recognized as a spiritual advisor by a federally recognized Native American
685	687		336
686	688		tribe.
687	689		337
688	690		(b) "Native American spiritual advisor" includes a sweat lodge leader, medicine person,
689	691		338
690	692		traditional religious practitioner, or holy man or woman.
691	693		339
692	694		(c) "Military chaplain" means an individual who is a commissioned officer of:
693	695		340
694	696		(i) the Chaplain Corps of the United States Army;
695	697		341
696	698		(ii) the Chaplain Corps of the United States Navy, including the United States Coast
697	699		342
698	700		Guard; or
699	701		343
700	702		(iii) the United States Air Force designated for duty as a chaplain.
701	703		344
702	704		Section 10. Section 81-2-305 is amended to read:
703	705		345
704	706		81-2-305 . Who may solemnize marriages -- Certificate.
705	707		346
706	708		(1) The following individuals may solemnize a marriage:
707	709		347
708	710		(a) an individual 18 years old or older who is authorized by a religious denomination to
709	711		348
710	712		solemnize a marriage;
711	713		349
712	714		(b) a Native American spiritual advisor;
713	715		350
714	716		(c) the governor;
715	717		351
716	718		(d) the lieutenant governor;
717	719		352
718	720		(e) the state attorney general;
719	721		353
720	722		(f) the state treasurer;
721	723		354
722	724		(g) the state auditor;
723	725		355
724	726		(h) a mayor of a municipality or county executive;
725	727		356
726	728		(i) a justice, judge, or commissioner of a court of record;
727	729		357
728	730		(j) a judge of a court not of record of the state;
729	731		358
730	732		(k) a judge or magistrate of the United States;
731	733		359
732	734		(l) the county clerk of any county in the state or the county clerk's designee as authorized
733	735		360
734	736		by Section 17-20-4;
735	737		361
736	738		(m) a senator or representative of the Utah Legislature;
737	739		362
738	740		[(nn)] (n) a member of the state's congressional delegation;[ or]
739	741		363
740	742		[(oo)] (o) a judge or magistrate who holds office in Utah when retired, under rules set by
741	743		364
742	744		the Supreme Court; or
743	745		365
744	746		(p) a military chaplain.
745	747		366
746	748		(2) An individual authorized under Subsection (1) who solemnizes a marriage shall give to
747	749		367
748	750		the couple married a certificate of marriage that shows the:
749		-	- 11 - H.B. 376 Enrolled Copy
750	751		368
751	752		(a) name of the county from which the license is issued; and
	753	+	- 11 - 1st Sub. (Buff) H.B. 376 02-10 09:19
752	754		369
753	755		(b) date of the license's issuance.
754	756		370
755	757		(3) Except for an individual described in Subsection (1)(l), an individual described in
756	758		371
757	759		Subsection (1) has discretion to solemnize a marriage.
758	760		372
759	761		(4) Except as provided in Section 17-20-4 and Subsection (1)(l), and notwithstanding any
760	762		373
761	763		other provision in law, no individual authorized under Subsection (1) to solemnize a
762	764		374
763	765		marriage may delegate or deputize another individual to perform the function of
764	766		375
765	767		solemnizing a marriage.
766	768		376
767	769		(5)(a) Within 30 days after the day on which a marriage is solemnized, the individual
768	770		377
769	771		solemnizing the marriage shall return the marriage license to the county clerk that
770	772		378
771	773		issued the marriage license with a certificate of the marriage over the individual's
772	774		379
773	775		signature stating the date and place of solemnization and the names of two or more
774	776		380
775	777		witnesses present at the marriage.
776	778		381
777	779		(b) An individual described in Subsection (5)(a) who fails to return the license is guilty
778	780		382
779	781		of an infraction.
780	782		383
781	783		(c) An individual described in Subsection (5)(a) who knowingly or intentionally makes a
782	784		384
783	785		false statement on a certificate of marriage is guilty of perjury and may be prosecuted
784	786		385
785	787		and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official
786	788		386
787	789		Matters.
788	790		387
789	791		(6)(a) An individual is guilty of a third degree felony if the individual knowingly:
790	792		388
791	793		(i) solemnizes a marriage without a valid marriage license; or
792	794		389
793	795		(ii) solemnizes a marriage in violation of this section.
794	796		390
795	797		(b) An individual is guilty of a class A misdemeanor if the individual knowingly, with or
796	798		391
797	799		without a marriage license, solemnizes a marriage between two individuals who are
798	800		392
799	801		18 years old or older that is prohibited by law.
800	802		393
801	803		Section 11. Effective Date.
802	804		394
803	805		This bill takes effect on May 7, 2025.
804	806		- 12 -