H.B. 144

1

BENEFITS FOR NATIONAL GUARD MEMBERS
2 AND FAMILIES
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory H. Hughes
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill provides for a death benefit, tuition waiver, and utility allowance for families
11 of National Guard members under specific circumstances.
12 Highlighted Provisions:
13 This bill:
14 . provides for a lump sum payment of $500,000 to the surviving spouse or children, if
15 no spouse, of a member of the National Guard killed in action;
16 . creates a "utility allowance" of $200 per month for families of National Guard
17 members who have been deployed; and
18 . waives the tuition at state institutions of higher education for surviving dependents
19 of National Guard members killed in action.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 39-1-59, as last amended by Chapter 210, Laws of Utah 1988
27 ENACTS:

28 39-1-65, Utah Code Annotated 1953
29 39-1-66, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 39-1-59 is amended to read:
33 39-1-59. Compensation for injury or death.
34 (1) If any officer or enlisted [person] member of the National Guard is wounded,
35 injured, or otherwise disabled[, or is killed or dies of wounds or injuries received] while
36 serving on state or federal active duty, under orders of competent authority and not as a result
37 of [his] the member's own misconduct, the [person, the surviving spouse, children, or any
38 dependent relatives,] member shall receive from the state relief as the Legislature determines.
39 [However, in these cases the]
40 (a) The member shall, [surviving spouse, children, or any dependent relatives, upon]
41 after investigation by a board of inquiry appointed by the commander in chief, the findings and
42 recommendations of which shall be filed with the state auditor for the action of the Board of
43 Examiners, [shall] receive temporary compensation from the state, out of funds appropriated
44 for the maintenance of the National Guard, as determined by the Board of Examiners until the
45 next regular session of the Legislature. [This]
46 (b) The compensation may not exceed the rates of pay provided for officers and
47 enlisted persons in this chapter.
48 (2) If any officer or enlisted member of the National Guard is killed or dies of wounds
49 or injuries received while serving on federal or state active duty, under orders of competent
50 authority and not as a result of the member's own misconduct, the member's surviving spouse
51 or, if no spouse, minor children shall receive a lump sum payment from the state in the amount
52 of $500,000.
53 Section 2. Section 39-1-65 is enacted to read:
54 39-1-65. Utility allowance for families of deployed members.
55 If a member of the National Guard is called into active service on behalf of the state or
56 the United States, an allowance of $200 per month shall be allotted to the member's immediate
57 family for the payment of utilities. Eligible utilities are natural or propane gas, electricity,
58 water, sewer, and trash service.

59 Section 3. Section 39-1-66 is enacted to read:
60 39-1-66. Tuition benefits for surviving dependents.
61 (1) If any officer or enlisted member of the National Guard is killed or dies of wounds
62 or injuries received while serving on federal or state active duty, under orders of competent
63 authority and not as a result of the member's own misconduct, a state institution of higher
64 education shall waive undergraduate tuition for that member's dependents under the following
65 conditions:
66 (a) the dependent has been accepted by the institution in accordance with the
67 institution's admissions guidelines;
68 (b) the dependent is a resident student as determined under Section 53B-8-102 ;
69 (c) the dependent may not have already completed a course of studies leading to an
70 undergraduate degree; and
71 (d) the dependent may not utilize the waiver for more than eight semesters.
72 (2) The tuition waiver in this section is applicable for undergraduate study only.
73 (3) The adjutant general shall certify to the institution that the dependent is a surviving
74 dependent eligible for the tuition waiver.
75 (4) The waiver in this section does not apply to fees, books, or housing expenses.




Legislative Review Note
as of 12-27-05 9:10 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel