First Substitute H.B. 59
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7 LONG TITLE
8 General Description:
9 This bill establishes the Utah National Guard Morale, Welfare, and Recreation
10 Program.
11 Highlighted Provisions:
12 This bill:
13 . authorizes the establishment of a state Morale, Welfare, and Recreation Program for
14 the Utah National Guard;
15 . defines terms;
16 . specifies who is entitled to use the program;
17 . requires the adjutant general to set requirements and parameters for the program;
18 . allows the use of State Armory Board properties for the program; and
19 . creates an expendable special revenue fund for money generated by the program.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 39-9-101 , Utah Code Annotated 1953
27 39-9-102 , Utah Code Annotated 1953
28 39-9-103 , Utah Code Annotated 1953
29 39-9-104 , Utah Code Annotated 1953
30 39-9-105 , Utah Code Annotated 1953
31 39-9-106 , Utah Code Annotated 1953
32 39-9-107 , Utah Code Annotated 1953
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 39-9-101 is enacted to read:
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37 39-9-101. Title -- Program established.
38 (1) This chapter is known as the "State Morale, Welfare, and Recreation Program."
39 (2) The adjutant general is authorized to establish a Utah National Guard Morale,
40 Welfare, and Recreation Program to serve members of the military, eligible dependents, and
41 others as set out in Section 39-9-103 .
42 Section 2. Section 39-9-102 is enacted to read:
43 39-9-102. Definitions.
44 For purposes of this chapter:
45 (1) "Dependent" means the spouse or children of a person eligible to use the program
46 and facilities in accordance with Section 39-9-103 .
47 (2) "MWR" means morale, welfare, and recreation.
48 (3) "MWR facility" means any Utah National Guard facility located on a Department
49 of Defense or Utah National Guard installation or on property controlled by the Department of
50 Defense or the Utah National Guard, the purpose of which is to enhance MWR for authorized
51 patrons.
52 Section 3. Section 39-9-103 is enacted to read:
53 39-9-103. Eligibility and facilities.
54 (1) Use of the MWR program and facilities is limited to:
55 (a) active and reserve component members of the Utah National Guard and armed
56 forces of the United States;
57 (b) persons retired from the armed forces of the United States;
58 (c) civilian employees of the Utah National Guard;
59 (d) dependents of authorized persons in Subsections (1)(a) through (c);
60 (e) contracted employees of the Utah National Guard while working on-site or
61 conducting business on National Guard property; and
62 (f) sponsored persons when personally accompanied by a sponsor who is an eligible
63 patron as described in this section.
64 (2) MWR facilities include any of the following, even if the shop, building, or parcel is
65 only partially used for MWR purposes:
66 (a) post or base exchange;
67 (b) canteen or service club;
68 (c) barber shop;
69 (d) fitness center;
70 (e) snack bar;
71 (f) restaurant;
72 (g) billeting operation;
73 (h) laundry facility;
74 (i) range;
75 (j) swimming pool; or
76 (k) any other shop, building, or parcel that meets the definition of MWR facility in
77 Section 39-9-102 .
78 (3) The adjutant general shall, by regulation, determine specific use priorities when
79 MWR facilities cannot accommodate all authorized patrons.
80 Section 4. Section 39-9-104 is enacted to read:
81 39-9-104. Administration of MWR Program.
82 (1) The adjutant general may authorize the program to:
83 (a) contract for goods and services;
84 (b) hire employees; and
85 (c) receive funds from patrons in exchange for goods or services provided within the
86 program.
87 (2) The adjutant general is authorized to establish MWR facilities throughout the state
88 that, in the adjutant general's judgment, are necessary for military purposes.
89 (3) The adjutant general shall promulgate regulations to govern the operation of the
90 program.
91 (4) The adjutant general may appoint a director for the program.
92 (5) The adjutant general shall establish a system of bookkeeping, accounting, and
93 auditing procedures for the proper handling of funds derived from the program's operations.
94 (6) The program may use State Armory Board-controlled properties, provided:
95 (a) the use incurs no more than nominal cost to the state; or
96 (b) any costs to the state above nominal associated with the use are reimbursed to the
97 state by the program.
98 Section 5. Section 39-9-105 is enacted to read:
99 39-9-105. National Guard MWR Fund -- Proceeds.
100 (1) There is created an expendable special revenue fund known as the National Guard
101 MWR Fund.
102 (2) The fund shall consist of:
103 (a) all proceeds collected under this chapter;
104 (b) donations made to the National Guard MWR Program; and
105 (c) any appropriations to the program by the Legislature.
106 (3) Money from the fund shall be used for the enhancement of morale, welfare, and
107 recreation, and the administration of the program under this chapter, including paying the costs
108 of:
109 (a) salaries of program employees;
110 (b) public liability insurance, when needed;
111 (c) the adjutant general's Outreach Program;
112 (d) the State Partnership Program; and
113 (e) any other expenses considered necessary in furtherance of the program by the
114 adjutant general or the adjutant general's designee.
115 Section 6. Section 39-9-106 is enacted to read:
116 39-9-106. Risk management.
117 (1) The program shall be eligible to participate in the state risk management pool.
118 (2) The program shall procure separate insurance policies to cover liability associated
119 with activities and operations not otherwise covered in the state risk management pool or by
120 the Division of Risk Management.
121 Section 7. Section 39-9-107 is enacted to read:
122 39-9-107. Equipment rentals and sales of food and beverage.
123 Equipment rental and food and beverage sales shall be made in accordance with
124 applicable state and federal law.
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